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April 16, 2018

Hong Kong Considers Draft Law Requiring Companies to Report on Modern Slavery

The Hong Kong legislature is currently considering draft legislation which, if enacted, will require certain companies—including those incorporated outside of Hong Kong—to publish a “slavery and human trafficking statement.”

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April 13, 2018

New York State and City Expand Anti-Harassment Requirements for Employers

Both the New York State Legislature and the New York City Council recently adopted new legislation targeting sex discrimination and sexual harassment in the workplace.

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April 6, 2018

Employers, Rev Your Engines: SCOTUS Rejects Narrow Construction of FLSA Exemption in Encino Motorcars, LLC v. Navarro

The FLSA requires employers to pay overtime to covered employees, but exempts numerous categories of workers. Traditionally, these exemptions have been construed narrowly against the employer asserting them. Not anymore.

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March 29, 2018

What a Fool Believes? These Non-Fake Employment News Stories

In anticipation of April Fools' Day, we celebrate labor and employment cases and news that could be jokes, but aren't. If there's anything we've learned over the last year, real news and fake news are often hard to distinguish.

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March 14, 2018

Federal Appeals Court Finds Title VII Precludes Discrimination Based On Transgender Status

The U.S. Court of Appeals for the Sixth Circuit recently ruled, in what many have described as a ground-breaking decision, that discrimination based on an employee’s transgender status is discrimination based on “sex” in violation of Title VII.

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March 13, 2018

Sixth Circuit Clarifies Discrimination Pleading Burden and Liability Related to Title IX Sexual Misconduct Investigations

A recent 6th Circuit decision provides both comfort and caution for universities facing claims of discrimination or bias in the conduct of their disciplinary proceedings relating to sexual misconduct.

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March 12, 2018

California Supreme Court Determines How Flat Sum Bonuses Factor into Overtime Calculation

The California Supreme Court recently decided the question of how an employee’s overtime pay rate should be calculated when the employee has earned a flat sum bonus during a single pay period.

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March 8, 2018

Certainty is on the Horizon for the New York Home Care Industry

The NY Court of Appeals will consider whether home care attendants working 24-hour shifts employed by third-party agencies must be paid for every hour of their shift, with no deductions for meal or sleep periods.

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March 5, 2018

Massachusetts Attorney General Publishes Long-Anticipated Guidance on the Revised Pay Equity Law

The Massachusetts Attorney General has recently published an Overview and Frequently Asked Questions regarding the amendment to the Massachusetts Equal Pay Act, set to take effect on July 1, 2018.

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February 28, 2018

Employers Prevail in FCRA Class Actions

The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. The plaintiffs’ bar has been flooding the courts with class action lawsuits asserting technical violations of the FCRA's requirements.

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