ASAP
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March 20, 2019

New Jersey Enacts Bill Banning NDAs for Discrimination, Retaliation, and Harassment Claims . . . and Fundamentally Attacking Arbitration Agreements

As expected, on March 18, 2019, Governor Murphy added New Jersey to the growing list of states that have chosen to legislate significant contractual limitations upon an employer’s right to enter into certain nondisclosure agreements (NDAs).

ASAP
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March 19, 2019

EEOC Portal Opens for EEO-1 Filings With No Word on Employee Compensation

On March 18, 2019, the EEO-1 filing portal opened, allowing employers with 100 or more employees and covered federal contractors with 50 or more employees to begin filing EEO-1 reports.

Podcast
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March 18, 2019

Enhancing the “Human” in “Human Resources” – How AI Can Unlock Talent and Eliminate Bias

In this podcast, Aaron Crews, Littler’s Chief Data Analytics Officer, discusses potential uses for AI in supporting HR decisionmaking with Athena Karp, the CEO and cofounder of HiredScore.

Insight
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March 18, 2019

DOL Issues Three Opinion Letters Regarding Employer Designation of FMLA Leave, Bonuses to Employee Volunteers, and Compensation of Residential Janitors

The U.S. Department of Labor's Wage and Hour Division (WHD) issued three new opinion letters on March 14, 2019.

ASAP
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March 18, 2019

Minnesota Supreme Court Reverses Course: Employees May Assert Claims Both for Workers’ Compensation Benefits and for Disability Discrimination

The Minnesota Supreme Court in Daniel v. City of Minneapolis overruled itself, and 30 years of precedent, by holding the Minnesota Workers’ Compensation Act’s exclusivity provision does not bar disability discrimination claims for the same injury.

ASAP
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March 18, 2019

Massachusetts High Court Finds That Employees Who Are Exempt From Overtime Under Federal Law Are Not Necessarily Exempt Under State Law

On March 15, 2019, the Massachusetts Supreme Judicial Court held that the “agricultural” exemption to the Massachusetts Overtime Law, M.G.L. c. 151, § 1A, does not apply to workers who perform post-harvesting activities.

ASAP
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March 18, 2019

Ontario, Canada: Employers Can Provide Candid Job References

Ontario employers can speak candidly about former employees' weaknesses when providing job references, as long as the dominant motive for the reference is not malicious, the Supreme Court of Canada (SCC) recently indicated.

ASAP
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March 15, 2019

Avoiding Workplace Discrimination in the Wake of Mass Violence

The morning after any kind of mass violence playing on loop on every media outlet poses unique challenges to employers and managers.

ASAP
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March 15, 2019

Cincinnati Bans Salary History Inquiries

On March 12, 2019, Cincinnati, Ohio passed an ordinance prohibiting employers from asking applicants about their salary history or current earnings.

ASAP
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March 15, 2019

Tort of Harassment Abolished in Ontario, Canada

On March 15, 2019, the Ontario Court of Appeal (the “ONCA”) abolished the tort of harassment

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