7 Takeaways from the EEOC’s Guidance On Mental Health Conditions

By | California Employment Law | February 25, 2017
A December 2016 publication from the EEOC titled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights” doesn’t exactly break new ground. It does, however, highlight issues that arise repeatedly in disability discrimination cases and, therefore, bear repeating. Here are the key takeaways: The definition of what constitutes a disability is broader than many realize.  View Full Post
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Uber’s Autonomous Vehicle Development Collides with Federal Trade Secret Lawsuit

By | Michigan Employment Law Advisor | February 25, 2017
Autonomous vehicle trade secretsOn Feb. 23, 2017, Waymo, the Alphabet Inc. company formed from Google’s self-driving project, sued Uber Technologies, Inc. and its related entities, Ottomotto LLC, and Otto Trucking LLC. The suit is for violations under the federal Defense of Trade Secrets Act and other related claims.  Waymo alleges its former engineer, Anthony Levandowski, took valuable intellectual property relating to LiDAR that is essential to its autonomous driving vehicle program and then resigned without notice. View Full Post
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Allegations Made from Uber Employee Reminds CA Employers About Their Obligations to Conduct Effective Investigations into Harassment Claims

A former employee at Uber has made news this week in claiming that she was subjected to sexual question markharassment while working at Uber, and her complaints were not satisfactorily resolved.  I don’t want to get into the judgment of who was possibly right or wrong in this case, but use it as a good opportunity for employers to review the basics of their obligations to investigate when an employee complains.  View Full Post
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Future of California’s Marijuana Laws Appears Hazy

By | California Employment Law | February 24, 2017
What do you get when you cross blue state liberal marijuana laws with red state conservatism? A purple haze. Copyright: chris2766 / 123RF Stock Photo Copyright: chris2766 / 123RF Stock Photo California voters approved recreational use of marijuana for adults in the November 2016 election. But federal law still characterizes marijuana as a Schedule I narcotic. View Full Post
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*UPDATE* New York State Department of Labor’s Direct Deposit and Debit Card Notice Regulations Held Invalid and Revoked

As we previously reported here, the New York State Department of Labor (“NYSDOL”) issued final regulations in September 2016 imposing new notice and consent requirements on employers who pay wages via direct deposit and debit card.  The regulations, which were scheduled to take effect on March 7, 2017, have been invalidated and revoked by the New York State Industrial Board of Appeals (“IBA”) which recently issued a decision finding, among other things, that the NYSDOL’s regulations exceeded its rulemaking authority by imposing restrictions on financial institutions. View Full Post
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LGBT Rights Up in the Air

By | HR Defense | February 24, 2017
Changes that may impact LGBT rights in the workplace have employers spinning. This week’s news about the Trump administration’s rescission of federal guidance allowing transgender students to use bathrooms corresponding to their gender identity seems philosophically at odds with a White House statement last month in which the President said he would continue to enforce a prior executive order protecting the rights of the LGBT community in the workplace. View Full Post
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Proposed Regulations Issued for New York State Paid Family Leave Law

The New York Workers Compensation Board has issued a proposed rule for implementation of the statewide Paid Family Leave Law (“PFLL”), which goes into effect on January 1, 2018. As we previously reported, the PFLL will require employers to provide all eligible full- and part-time employees with paid, job-protected leave to: (i) care for a newborn or newly adopted or placed child; (ii) care for a family member with a serious medical condition; or (iii) deal with certain exigencies arising when a family member is called to active military service.  View Full Post
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Albany County Enacts Legislation Prohibiting Inquiries into Criminal Convictions for County Employment

Albany County Enacts Legislation Prohibiting Inquiries into Criminal Convictions for County Employment Following a national trend to “ban the box” on job applications, on February 13, 2017, the Albany County Legislature passed legislation prohibiting Albany County from inquiring about an applicant’s criminal conviction history until after the applicant receives a conditional offer of employment.  The new law, entitled the “Albany County Fair Chance Act,” also requires the County to post a disclaimer on job announcements and position descriptions for positions that necessitate an inquiry into the applicant’s criminal history or a background check.  View Full Post
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Short List of Possible Trump NLRB Candidates Reported

Short List of Possible Trump NLRB Candidates Reported President Donald J. Trump has narrowed his list of candidates to fill the two open seats on the five-member National Labor Relations Board to Marvin Kaplan, William Emanuel, and Douglas Seaton, according to Bloomberg BNA. Emanuel and Seaton are labor attorneys and Kaplan is counsel to the Commissioner of the Occupational Safety and Health Review Commission. View Full Post
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