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Searching Content from United States indexed under Employment and HR ordered by Published Date Descending.
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1
California Court Of Appeal Finds That In-Home Caregivers May Be Employees Of Placement Agencies
In Duffey v. Tender Heart Home Care Agency, LLC, the California Court of Appeal for the First District addressed whether an in-home caregiver ...
United States
18 Feb 2019
2
South Carolina Court Of Appeals Weighs In On South Carolina's Political Opinions Statute, Approves Discharge Of Employee For Excessive Personal Use Of Company Phone And Laptop
In Owens v. Crabtree, Opinion No. 5616 (January 16, 2019), the South Carolina Court of Appeals held that a company's termination of an employee ...
United States
18 Feb 2019
3
[Podcast]: What Government Contractors Should Expect In 2019
In this episode of The Proskauer Brief, partners Harris Mufson and Guy Brenner discuss the Office of Federal Contract Compliance Programs (OFCCP).
United States
18 Feb 2019
4
[Podcast]: Can My Employees Bring Animals To Work?
In this episode of The Proskauer Brief, partners Harris Mufson and Howard Robbins continue their "Can My Employees Do That?" series.
United States
18 Feb 2019
5
Congressional Committees Focus On ACA And Other Health Policy Issues
Federal health policy is an early focus for Congressional committees. In addition to several hearings held in January, Congressional hearings in February have concentrated on the ACA and primary care, including the following:
United States
15 Feb 2019
6
Agencies, States And Local Governments Respond To Congressional Legalization Of Hemp (Non-Psychoactive Cannabis)
On December 11, 2018, Congress took an initial step toward legalizing cannabis and to resolve
United States
15 Feb 2019
7
Hunton Retail Law Resource Blog: Recent Trends In Shareholder Proposals
Activist investors continue to make liberal use of the SEC's Rule 14a-8 to submit proposals for inclusion in company proxy statements.
United States
15 Feb 2019
8
Texas Workforce Commission Issues Proposed Rules Excluding Certain Gig Workers From The Definition Of "Employment" Under Texas Unemployment Laws
The issue of whether workers who utilize online digital platforms to obtain business and deliver services to third parties are employees or independent contractors has already been subject to much debate and litigation.
United States
15 Feb 2019
9
Third Circuit Rules That FAAAA Does Not Preempt New Jersey's ABC Test For Determining Independent Contractor Status
On January 29, 2019, the Third Circuit Court of Appeals concluded that the FAAAA does not preempt New Jersey's ABC test for determining whether a worker is an independent contractor or employee.
United States
15 Feb 2019
10
Let's Talk – PBGC Pilot Mediation Project Is Now Permanent
The Pension Benefit Guaranty Corporation (the "PBGC") launched a Pilot Mediation Project in October 2017 to provide plan sponsors an opportunity to negotiate resolutions in Early Warning Program cases
United States
15 Feb 2019
11
Temporary Workers—An OSHA Perspective
The Occupational Safety and Health Administration (OSHA) has previously stated that temporary workers are at an "increased risk of work-related injury and illness."
United States
15 Feb 2019
12
Separate Federal And State Background Check Disclosure Forms Are Required In California, Says 9th Circuit Court Of Appeals
Employers must provide applicants and employees with separate federal and state Fair Credit Reporting Act (FCRA) disclosure forms, said the 9th Circuit in an important decision released last week.
United States
15 Feb 2019
13
2019 Cost-of-Living Adjustments For Welfare Benefits
The IRS has announced the 2019 cost-of-living adjustments for various welfare benefit plan dollar limits.
United States
15 Feb 2019
14
Indiana Supreme Court: Driver For Large Vehicle Transportation Matching Service Properly Classified As Independent Contractor
Resolving split decisions among Indiana Court of Appeals panels, the Indiana Supreme Court ruled on January 23, 2019, that a transportation matching service properly classified a driver as an independent contractor. Q.D.-A, Inc. v. Indiana Department of Workforce Development.
United States
15 Feb 2019
15
Theranos Whistleblower Claims "Fraud Is Not A Trade Secret"
Where's the line between legitimately protecting your business's trade secrets and misusing a trade secret to conceal fraudulent activity?
United States
15 Feb 2019
16
District Court Clarifies That "Disability" Requiring Workplace Accommodation Does Not Entitle Plaintiff To Disability Benefits
A recent case from the Western District of North Carolina contains a helpful example of how the standards applicable to an employee's request for accommodation of a disability differ from those for determining whether the same employee is eligible for benefits under a short-term disability plan.
United States
15 Feb 2019
17
Another California Court Raises Doubts On Employee Non-Solicitation Provisions
Last November, we discussed the potential impact of a recent California appellate court decision, AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. ...
United States
15 Feb 2019
18
Hunton Employment & Labor Perspectives: A Company's Website Is Not A "Public Accommodation" Under The ADA, A California Court Finds
As we discussed in a previous post , the courts, the Congress, and the Department of Justice (the "DoJ") continue to grapple with the scope of Title III of the Americans with Disabilities Act
United States
15 Feb 2019
19
The Sixth Circuit Declares Tennessee's Punitive Damages Cap Unconstitutional
In December 2018, the U.S. Court of Appeals for the Sixth Circuit held that Tennessee's cap on punitive damages was unconstitutional. This cap came into effect when Tennessee Governor Bill
United States
15 Feb 2019
20
Arizona Court Of Appeals Strikes Down Law Restricting Local Governments From Requiring Private Employers To Provide Benefits That Exceed State Law Requirements
In 2006, Arizona voters approved a ballot measure which resulted in the passage of the Arizona Minimum Wage Act and established a state-wide minimum wage
United States
15 Feb 2019
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