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Institute for Applied Management & Law
39 followers -
Preeminent employment law, benefits law and HR management training company.
Preeminent employment law, benefits law and HR management training company.

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New York City's "Freelance Isn't Free Act" Took Effect on May 15 – What Do Employers Do Next?

On November 16, 2016, Mayor de Blasio signed into law the Freelance Isn't Free Act (No. 1017-2015) (the Act), designed to extend various new protections to freelancers, i.e., independent contractors. Prior to the Act's passage, independent contractors with claims for unpaid wages were left only with suits in contract as their sole means of recourse; there was no statutory basis for recovery of their unpaid wages.

Read more... http://bit.ly/2r0y44T
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9 traits of a bang-up workplace investigation

What makes a workplace investigation so good that you just can’t wait to show the EEOC investigator what you did? And you’re like, “Plaintiff’s lawyer, take us to court — please!”

All right, maybe nothing would make it that good, but here are nine things employers can do to ensure that they at least won’t be ashamed of their workplace investigations:

Read more... http://bit.ly/2ryPQtl
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Proposed merger of EEOC, OFCCP faces opposition from both sides

Last week, I wrote about a report in Bloomberg BNA that the Trump Administration was thinking about letting the Equal Employment Opportunity Commission “absorb” the Office of Federal Contract Compliance Programs. The idea had some appeal for me because both agencies enforce variants on federal prohibitions against discrimination. But I admitted that I hadn’t thought it through, and invited discussion from others. So far, silence.

Read more... http://bit.ly/2rzlh6S

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One Employee in Europe Could Trigger New EU Data Protection Obligations

On 16 April 2016, the EU adopted the General Data Protection Regulation (“GDPR”), which largely rewrites and harmonizes the European legal framework of data protection. The new regulation will become applicable in May 2018, but given the scope and complexity of the GDPR it is important to prepare for this legal change well in advance.

Read more... http://bit.ly/2rtkqV6
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Keep Holy the Labor Code: Providing Days of Rest for California Employees

In Mendoza v. Nordstrom, Inc., the California Supreme Court clarified how courts and employers should interpret California’s “day of rest” statutes, set forth at Cal. Lab. Code §§ 551, 552 and 556 – which generally provide that employees shall not work more than six out of seven days. The matter is currently on appeal to the Ninth Circuit, which requested that the California Supreme Court decide how to apply California’s “day of rest” provisions.

Read more... http://bit.ly/2rtjTT6
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A better take on what creates a hostile work environment

Last week, I nominated Target Corporation and MarketSource for the worst employer of 2017, because they ignored the approximately 10 incidents of vile ethnic harassment a Palestinian employee suffered during the brief two month tenure of his employment. Almost as bad was the logic of the 8th Circuit Court of Appeals, which concluded that, as matter of law, the employee failed to state a claim for ethnic harassment because the “morally repulsive” comments “were not physically threatening.”

Read more... http://bit.ly/2rr1574
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Restaurants: Do your employees know that you take the tip credit?

If not, you might have a problem.

In 2011, the U.S. DOL published a regulation mandating that restaurants who count tips toward the minimum wage as permitted under the Fair Labor Standards Act have to notify employees that they are taking the credit.

Read more... http://bit.ly/2qLsHGY
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10th Circuit Finds Employee Who Only Worked in Colorado Falls Under State MCA Exemption

In a recent ruling, the Tenth Circuit Court of Appeals affirmed a district court’s order granting summary judgment in which the district court held that an employee may be exempt from overtime under Colorado’s motor carrier exemption even when the employee does not actually travel out of state.

Read more... http://bit.ly/2qLaDwu
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WannaCry? Then ignore cybersecurity

Friday, the largest cyber-attack in history hit 150 different countries. The ransomware, known as WannaCry, infects via a link in a malicious email, encrypts the local files, and spreads to other computers. It then demands a ransom of $300 in bitcoin for the unlock key.

What can, should, and must you do, immediately, to protect your business? For starters, ensure that all computers are patched to the latest Windows update (Mac computers are unaffected).

Read more... http://bit.ly/2rindQR
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Gender pay gap is primarily a result of personal choices — so, what can employers do?

A number of studies are showing that most, if not all, of the gender pay gap is explained by personal choices made by men and women. But how can employers protect themselves from claims of discrimination?

Read more... http://bit.ly/2r87h3M
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