Insight
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March 3, 2020

Preemption’s Silver Lining: The NLRA Offers California Tribes a Shield Against State Labor Protections

The Ninth Circuit recently decided that Congress, not California, has the paramount authority to regulate labor relations in Indian Country, and that the National Labor Relations Act applies to tribal casinos.

ASAP
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March 3, 2020

Intent Matters in Asserting Whistleblower Retaliation Under the Federal Railroad Safety Act

In a recent case under the Federal Railroad Safety Act, the Eighth Circuit reasserted that claimants must prove intentional discrimination in whistleblower retaliation cases subject to the AIR21 regulations.

Insight
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March 2, 2020

COVID-19 Toolkit for Employers in the Netherlands

Over the past few days, the Netherlands has been hit by a number of coronavirus (COVID-19) outbreaks. COVID-19 has a direct impact on the workplace. How should employers and employees deal with COVID-19?

Insight
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March 2, 2020

Littler Lightbulb: What’s New in New Mexico?

New Mexico has been making waves with several labor and employment developments, including a red flag law and pending bills that would restrict nondisclosure agreements (HB 21) and would require reasonable accommodations for pregnancy (HB 25).

Insight
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March 2, 2020

Ninth Circuit Rules Only Named Plaintiff Must Have Article III Standing For Class Certification

In Ramirez v. Trans Union, the Ninth Circuit addressed whether, at the class certification stage of a putative class case, only the named plaintiff or all class members must have Article III standing (i.e., a concrete injury in fact) to certify a class.

Insight
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February 27, 2020

Littler Lightbulb: What’s New in Colorado?

Colorado has been making headlines with several noteworthy new laws and regulations. This Lightbulb will highlight key recently enacted and pending employment legislation in the Centennial State, including expansive wage order requirements.

ASAP
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February 27, 2020

IRS Issues Proposed Rule on Business Expense Deductions

On February 26, 2020, the IRS published proposed regulations implementing changes made by the Tax Cuts and Jobs Act of 2017 (TCJA) regarding the elimination of deductions for entertainment and the limitation on food and beverage expenses.

Insight
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February 26, 2020

#MeToo: In Defense of Nondisclosure Agreements

Nondisclosure Agreements (NDAs) have recently come under fire within the #MeToo debate.

Insight
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February 26, 2020

Ontario, Canada: Court of Appeal Upholds Dismissed Employee’s Right to Damages for Value of Incentives That Would Have Vested During Reasonable Notice Period

Whether a wrongfully dismissed employee is entitled to damages as compensation for the value of incentives that would have vested during the reasonable notice period is frequently litigated in Canada.

ASAP
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February 25, 2020

NLRB Joint-Employer Rule Restores “Substantial Direct and Immediate Control” Test

On February 25, 2020, the National Labor Relations Board released its long awaited final rule regarding joint-employer status under the National Labor Relations Act.

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