Kentucky Requires Lawyers in Unemployment Hearings

In what could undoubtedly be an expensive ruling for Kentucky businesses, the Kentucky Court of Appeals has tossed out a longstanding law allowing a non-lawyer to represent an employer at administrative unemployment hearings.  In its April 26 decision, the court found the law an unconstitutional encroachment on the state judicial branch’s executive authority to regulate…

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No Clarity Yet from Court on EEO-1 Deadline

Despite another hearing having been held this week in the federal court in DC, there is no further clarification on the final deadline for submission of pay data in the court challenge brought by advocates. The court this week admonished EEOC for not having their act together and for removing the requirement completely earlier this…

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Overtime Minimums Higher Than DOL’s

We thought it might be a good time to reiterate that the proposed Department of Labor overtime exemption threshold, which was increased to $35,308 just over one month ago, is not the operable threshold in New York – and some other states (California in particular) as well. Employers in New York are subject to the…

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EEOC Sets September 30 Date for EEO-1 Reports

The Equal Employment Opportunity Commission (EEOC) has responded to a March 4 federal court order and set a new September 30 deadline for the filing of EEO-1 gender and race reports. The deadline was originally March, but due to the government shutdown at the beginning of this year, it was delayed until May 31, and…

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New Jersey Bans NDAs, Strengthening Wage Theft

New Jersey Governor Phil Murphy is the polar opposite of former republican Governor Chris Christie and is signing into law many of the bills that Christie strongly opposed and/or vetoed during his two terms in the corner office. The latest example is new legislation restricting the use of nondisclosure agreements in employment contracts and settlement…

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DOL Warning On Leave Designation

The US Department of Labor (DOL) issued a new Opinion Letter last week prohibiting employers from delaying the designation of Family & Medical Leave. Citing the FMLA, the DOL letter states that when an eligible employee communicates a need for leave for an FMLA-qualified reason, neither the employee nor the employer may decline FMLA protection.…

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Dunkin’ Doings

Dunkin’ was one of four QSR chains that recently reached agreement with 14 state attorneys general over the issue of so-called ‘no poach’ agreements. The settlement provides that the companies (Arby’s, Five Guys & Little Caesar’s are the others) will eliminate all no poach clauses that may exist in their franchise agreements. Further, the companies…

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Court Reinstates EEO-1 Reporting Requirements

In another example of the Judiciary flexing its muscles and undoing policies implemented by the Trump Administration, the US District Court for Washington DC overturned a ruling by the Office of Management and Budget (OMB) relating reporting requirement for the EEO-1 Form. Expanded reporting, including data on race, gender and ethnicity was implemented back in…

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Tax Extenders Bill Filed

In a rare show of bipartisanship, the two leaders of the Senate Finance Committee have filed critical legislation to renew dozens of expired tax breaks. The tax provisions that Senate Finance Committee Chairman Charles Grassley (R-IA) and ranking member Ron Wyden (D-OR) seek to renew expired at the end of 2017 in most cases while…

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New York Expands Anti-Discrimination To Hairstyles

In the broad category of government mandates, New York seems to be “running away with it”! This week’s addition in the Big Apple comes from the New York City Commission on Human Rights, which is updating its rules for enforcing the New York City Human Rights Law (NYCHRL). The new guidelines from the Commission specifically…

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