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HR Legalist Live Presents...Updates and Trends for 2018: From The Front Lines of the American Workplace

TO REGISTER FOR THE BELOW EVENT: Click Here   HR Legalist Live Presents...Updates and Trends for 2018: From The Front Lines of the American Workplace                   Date: January 31, 2018                     Time: 12:00 PM to 1:30 PM EST This new year, Obermayer and the Center City Proprietor's Association will k...

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Omnicare Settles Asylum Discrimination Claim with DOJ

Adding another wrinkle to the increasingly contentious debate on immigration, the U.S. Department of Justice (DOJ) recently settled an asylum discrimination claim that it brought against Omnicare, a CVS Pharmacy subsidiary and long-term care pharmacy services provider. Continue Reading  

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New Tax Act Bars Deductions for Settlements Related to Certain Sexual Harassment Claims

The recently enacted Tax Cuts and Jobs Act (the Act) has been touted as the largest tax reform since 1986. Among its many provisions, the Act adds a new section to the Internal Revenue Code (Section 162(q)) targeting confidentiality agreements in sexual harassment cases. The new section is in response to a realization, in the wake of the #MeToo m...

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Department of Labor Adopts More Employer-Friendly Standard for Unpaid Internships

  The Fair Labor Standards Act (“FLSA”) mandates the payment of minimum wage and overtime to employees in most US workplaces.  However, when it comes to unpaid educational internships, the FLSA does not include a helpful definition or standard to determine when an employer is excused from paying wages.  In the absence of guidance from Con...

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The New NLRB Gets to Work: GOP-Majority Board Overturns Browning-Ferris, Changes the Law on Joint Employment and Micro-Unit Organizing

As predicted by HR Legalist earlier this year, the new Republican-majority National Labor Relations Board (NLRB) has begun to reverse key labor rulings established during the Obama administration.  On December 14, 2017, the Board’s decision in Hy-Brand Industrial Contractors overturned the 2015 Browning-Ferris ruling regarding joint empl...

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NLRB Judges Regain Power to Approve Partial Settlements

National Labor Relations Board (NLRB) Administrative Law Judges (ALJs) have regained the power to approve partial settlements of Unfair Labor Practice charges (ULPs) – even if the NLRB’s General Counsel, and the charging parties themselves, disagree. Continue Reading  

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Avoid Doubling FLSA Overtime Damages with Proper Analysis and Documentation

Benjamin Franklin once advised that an ounce of prevention is worth a pound of cure. This axiom is still relevant today, especially in the context of the Fair Labor Standards Act (FLSA). As originally written, the FLSA mandated that employees prevailing in minimum wage or overtime lawsuits were automatically entitled liquidated damages equal to the...

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Confidentiality and Sexual Harassment Claims – Will New Laws Limit Settlement Agreement Language?

In the recent wave of sexual harassment cases against public figures, it has come to light that women were paid large sums of money to keep their harassment allegations private, thus allowing their harassers to continue their inappropriate behavior.  Prominent recent examples of harassers protected by confidentiality clauses include Harvey W...

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Labor Law Update: Will Employers be Thankful for the NLRB’s new General Counsel?

The National Labor Relations Board (NLRB) enforces and interprets the National Labor Relations Act (NLRA), which ensures the rights of employees to engage in collective bargaining and other union-related activities.  During the Obama administration, NLRB General Counsel Richard F. Griffin, Jr. aggressively advocated for labor-friendly position...

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Obermayer's Jeffrey Cadle authors “Hidden Dangers of the Fluctuating Workweek Method”

Obermayer attorney Jeffrey B. Cadle authored the Law360 article “Hidden Dangers of the Fluctuating Workweek Method.” Click here to read the full article. This article first appeared in Law360 on November 20, 2017.

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