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It’s Time to Update Your Workplace Safety Program to Meet OSHA’s New Anti-Retaliation Guidelines

On January 13, the U.S. Occupational Safety and Health Administration (“OSHA”) issued its latest guidelines for employers to help them keep their workplaces “free of retaliation, including retaliation against employees who engage in activity protected under the 22 whistleblower laws” that OSHA enforces.  While adoption of OSHA’s recommendations is not mandatory, they are intended to … Continue Reading

Ohio Employer Alert: Weapons Policy Review Needed; No Local Sick Leave

During the December lame duck session, the Ohio legislature passed SB 199. Among other things, the law provides that a business entity, property owner, or public or private employer may not establish, maintain, or enforce a policy or rule that prohibits or has the effect of prohibiting a person who has been issued a valid concealed … Continue Reading

A cynic’s guide to the draft Gender Pay Gap Regulations

So here they are, out yesterday, a strange parallel universe where months last 30.44 days and years 365.25, and where you don’t include pay for periods of leave except when you do. In past blogs here we have criticised Government Regulations and statutory Guidance as too vague, leaving employers unclear whether they are caught by … Continue Reading

Key new rules for employers posting staff to France

Foreign employers posting employees to France temporarily, whether to provide services for a client based in France or for their own sake or as part of an intra-group mobility programme, must comply with strict legal requirements.  These relate in particular to providing for those staff a set of mandatory employment rules applicable while they are … Continue Reading

California Employment Law Update – 2017 Is Just a Month Away

As we come to the end of 2016, all employers should be planning ahead for any changes that will need to be implemented in 2017.  For California employers, those changes may be extensive, as the California Legislature has been busy this year, passing several new laws that will impact California employees and their employers.  Although … Continue Reading

New Overtime Regulations Put On Hold – U.S. Federal Court Judge Enjoins Implementation of FLSA Regulations

As we reported previously, in September 2016, 21 U.S. states filed a lawsuit to enjoin the implementation of the long-anticipated Fair Labor Standards Act (“FLSA”) regulations, which were scheduled to go into effect on December 1, 2016. The states argued that the Department of Labor’s regulations (the “Final Rule”) would force states and businesses to … Continue Reading

Recreational Marijuana Use Legalized in Four States, But Employers’ Ability to Enforce Workplace Drug Policies Undisturbed

While the presidential election took center stage earlier this week, five states – Arizona, California, Maine, Massachusetts, and Nevada – voted on whether to legalize the use of recreational marijuana.  Voters in four of these states – all but Arizona (where medical marijuana is already legal) – approved the measures. The laws passed in the … Continue Reading

Arizona Voters Approve Paid Sick Leave for Employees and Minimum Wage Increase

The election results are in, and President-elect Donald Trump’s victory over Secretary Hillary Clinton has the nation abuzz and undoubtedly will for the foreseeable future.  However, the Presidential race was not the only notable race or measure on the ballot.  Although the dust hasn’t quite settled from last night’s historic vote, there a number of … Continue Reading

FLSA OT Rule: Six Month Reprieve? U.S. House Votes Yes

On Wednesday, September 28, 2016, the U.S. House of Representatives passed the Regulatory Relief for Small Businesses, Schools, and Nonprofits Act [pdf], by a vote of 246 to 177.  The Act would delay implementation of the Department of Labor’s Final Rule modernizing the Fair Labor Standards Act’s white‑collar exemptions from December 1, 2016 to June 1, 2017.  … Continue Reading

Is your Modern Slavery Act statement ready?

A reminder for those businesses caught by the Modern Slavery Act reporting provisions that the deadline for publishing your first “slavery and human trafficking statement” may be fast approaching. The Act imposes a new requirement on commercial organisations carrying on business in the UK with an annual turnover of £36 million or more to disclose … Continue Reading

Republican Lawmakers are Bracing for a Plethora of Last Minute Rules and Regulations During President Barack Obama’s Final Months in Office

Nearly 4000 regulations have made their way through the federal bureaucracy in the last year of Barack Obama’s presidency in a mad dash by the White House to push through government actions affecting everything from gun control to nutritional labeling. With the current administration entering its final months in office, there is precedent that exists … Continue Reading

State Law Roundup: Illinois’ New Leave Laws and Non-compete Warning; Sick Leave Comes to Berkeley and St. Paul

Illinois passes two new leave laws; bars non-compete agreements for low wage workers. First, the Child Bereavement Leave Act, which became effective July 29, 2016, requires Illinois employers with 50 or more employees to grant up to two weeks (10 days) of unpaid leave to eligible employees who have lost a child (and 6 weeks … Continue Reading

All aboard or mind the gap – Employee representation on UK Boards

“…if I’m prime Minister, we’re going to… have not just consumers represented on company boards but employees as well” (Theresa May, July 11, 2016).  One part of that statement has already come true – Mrs May is now Prime Minister, but the other two – are these serious commitments or examples of those promises which … Continue Reading

Sick of These Updates Yet? The Latest Sick Leave and Minimum Wage News (Minneapolis, San Francisco, San Diego, OR)

Minneapolis is the first city in the Midwest to jump on the sick leave bandwagon. On May 27, the Minneapolis City Council passed a sick and safe time ordinance that requires employers of employees working in Minneapolis to provide sick leave to those employees. Beginning July 1, 2017, employers of 1-5 employees must provide unpaid … Continue Reading

President Obama Signs Groundbreaking Trade Secrets Legislation

We recently reported that the House and Senate overwhelmingly passed the Defend Trade Secrets Act (DTSA), which establishes the first federal civil claim for misappropriation of trade secrets. Today, President Obama signed the Act into law. The new law expands employers’ options for protecting against trade secret theft. Once the province solely of various (and sometimes … Continue Reading

Another First from California: San Francisco Becomes First City in U.S. to Approve Fully Paid Parental Leave

New mothers and fathers will soon be entitled to receive fully paid and protected parental leave under the legislation approved unanimously by San Francisco’s board of supervisors. The legislation makes San Francisco the first city in the U.S. to require employers to provide six weeks of fully paid leave for new parents when the city’s … Continue Reading

It’s All the Wage! Historic Minimum Wage Increases in California and New York; New York Institutes 12-Week Paid Family Leave

Today (April 4, 2016) California Governor Jerry Brown signed SB 3, raising California’s minimum wage to $15 by 2023.  Under that law, minimum wage in the state of California (currently $10.00 per hour) will increase as follows: Beginning date Small employer (1-25 employees) Large employer (26 or more employees) January 1, 2017 $10.00 $10.50 January … Continue Reading

UK Business Immigration Update – Changes to Tier 2 of the Points Based System

Following the Migration Advisory Committee’s January recommendations regarding the Government’s proposals to restrict Tier 2 of the Points Based System, the Home Office has now announced the changes that will be implemented across Tier 2. Compared to the initial radical proposals put forward by the Government to restrict Tier 2 last summer, the Home Office’s … Continue Reading

UK Budget changes to severance payment tax treatment

We don’t yet know what lessons, if any, the Government took from the serial savaging by all sides of its disastrous consultation document on reforming the tax treatment of severance payments http://www.employmentlawworldview.com/uk-government-consults-on-tax-treatment-of-severance-payments-do-you-want-the-bad-news-or-the-bad-news/. It has not published any response to that feedback, but we can probably take some short-term clarity in this area from yesterday’s Budget. … Continue Reading

Inching Closer to the Effective Date of the FLSA Overtime Changes!

On March 15, 2016, the U.S. Department of Labor (“DOL”) sent the White House’s Office of Management and Budget (“OMB”) its final rule expanding the Fair Labor Standards Act’s (“FLSA”) overtime pay requirement. If you haven’t already heard, this rule will raise the threshold required to qualify for the FLSA’s “white collar” exemption to an … Continue Reading
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