Employment / Labor Law

Three U.S. Wage And Hour Developments Favoring Employers This Year

For U.S. employers looking for something to be thankful for this season, we offer several recent defense-friendly wage and hour developments. Kicking off the season is the nationwide preliminary injunction preventing the Department of Labor (DOL) from implementing new overtime rules, the court reasoning that Congress never authorized the DOL to drastically raise the overtime

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What If My Customer Harasses My Employee?

Most United States employers understand that Title VII of the Civil Rights Act of 1964 requires an employer to provide a workplace free of unlawful harassment and discrimination. Countries other than the U.S. have laws prohibiting workplace sexual discrimination and harassment. For instance, the Czech Republic prohibits undesirable behavior of a sexual nature at the

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Australian Law On“Reasonable Notice” For Termination Of Employment

Many countries require that an employer give “reasonable notice” of planned or impending employment termination to an employee. Countries and individual jurisdictions vary in their interpretation of what constitutes “reasonable notice.” In Australia, the traditional view is that where an employment contract is either silent on notice of termination or includes an inadequate period of

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U.S. Government Issues 2017 Cost-Of-Living Adjustments

Since 1975 the United States Social Security Administration’s general benefit increases have been based on increases in the cost of living, as measured by the U.S. Consumer Price Index. Prior to 1975 the benefit increases were set by legislation. These increases are called Cost-Of-Living Adjustments, or COLAs, and allow Social Security and Supplemental Security Income

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Mandatory Paid Sick Leave Requirement Changes For U.S. Contractors

The U.S. Department of Labor recently released its Final Rule requiring that federal contractors provide up to 56 hours of paid sick leave per year to their employees. This Rule implements an Executive Order by President Obama and is expected to affect more than 1.1 million employees – including those who currently receive no sick

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Is “Locker Room Talk” In The Workplace Sexual Harassment?

Under Title VII of the United States Civil Rights Act and its construing case law, sexual harassment occurs when a work-related benefit is conditioned on the granting of a sexual favor, when an employee or co-worker is subjected to unwanted sexual advances, where hostile conduct is based on the victim’s gender, or when there is

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When Is Sexual Orientation Discrimination Illegal?

In the United States, Title VII of the 1964 Civil Rights Act prohibits discrimination in employment on the basis of race, color, religion, sex and national origin. Title VII, which applies to all employers with 15 or more employees, is one of several major U.S. employment statutes that is enforced by the Equal Employment Opportunity Commission

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Do You Own The IP Rights To Your Tattoo?

It seems that wherever you look today you will see a tattooed body part. A recent survey revealed more than one in ten Americans admitted to having one. See ABC7News Article. 40 percent of adults aged 26-40 say they have one. Id. According to Ally Law member firm Phillips Nizer, “When something becomes as obviously popular

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EU – U.S. Privacy Shield Update: Are You Certified?

On October 6, 2015, the European Court of Justice declared invalid the Safe Harbor program governing the transfer of personal data for commercial purposes between the European Union and the United States. See our former Global Matters articles on the subject: Evolving Law: The Status Of Data Transfer From The EU; New Framework For Transatlantic

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Asbestos Injury: Is The Remedy Limited To Workers’ Compensation?

Asbestos exposure almost always occurs at a place of work, and the laws dealing with asbestos exposure vary from United States state to state.  In states where workers’ compensation remedies encompass asbestos-related injuries, employees are prohibited from bringing civil suit in general jurisdiction courts against their employer for such injury.  Determining the existence of an employer-employee

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