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5 Critical Lessons from Comcast Corp. v. Nat’l Ass’n of African American-Owned Media Posted on: March 30, 2020 In: Labor & Employment
Certain to become a major factor in employment litigation, an opinion issued by the U.S. Supreme Court on March 23, 2020 clarifies the burden for plaintiffs to meet in discrimination claims filed under 42 U.S.C. §1981. Here are the top 5 takeaways of this case for employers.
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Tags:
supreme court, discrimination, race, employment law, causation
Five Pointers for Enforcing a Non-Compete Agreement in Texas Posted on: March 19, 2020 In: Labor & Employment
Partner Kristopher M. Stockberger provides some tips on how to ensure a non-compete agreement in The Lone Star State is fully enforceable.
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Tags:
texas, non-competition, trade secrets, employment law, employment agreement
CBD in the Workplace & Potential Changes to Kentucky Law Posted on: March 03, 2020 In: Labor & Employment
Compared to other states, marijuana laws in Kentucky are stringent, even for qualified medical patients. However, in 2017 the state’s legislature afforded statewide legal status for the consumption and retail sale of CBD products. Under state law, as long as CBD is derived from industrial hemp and less than 0.3% THC, it is legal to own CBD oil in Kentucky.
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Tags:
cbd, kentucky, drug testing, marijuana, human resources, employment law
Non-Compete Enforcement and “Hot Job Markets”: A Tale of Ten Cities Posted on: February 27, 2020 In: Labor & Employment
The Wall Street Journal recently published a list of the top ten “Hottest U.S. Job Markets” in 2019. Regions were evaluated based on unemployment, labor force, jobs and wages. What is compelling about this list (at least for your average trade secrets and non-compete attorney) is that it throws into doubt the popular argument that non-competes suppress wages and deter employee mobility.
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Tags:
non-competition, employers, trade secrets, employment law, employment agreements
What Exactly is “Associational Race Discrimination” under the FEHA? Posted on: January 07, 2020 In: Labor & Employment
In California, the Fair Employment and Housing Act (FEHA) prohibits discrimination based on race, national origin, religion, age, disability, sex and gender, among other categories. In addition, the FEHA provides an express cause of action for discrimination based on association with individuals in a category protected by the Act. These types of claims primarily arise in the context of disability discrimination.
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Tags:
employment law, fair employment and housing act, california, title vii
California Temporarily Eases Burden of CCPA Compliance for Employers Posted on: December 05, 2019 In: Labor & Employment
In October, California Governor Gavin Newsom signed into law Assembly Bill 25 (AB 25), which temporarily eases the burden imposed on employers by the sweeping California Consumer Privacy Act of 2018.
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Tags:
california, ccpa, human resources, employment law
Increased Salary Thresholds for FLSA Exempt Status Expands Overtime Eligibility Posted on: September 24, 2019 In: Labor & Employment
“Why am I not receiving additional compensation for working overtime?” 1.3 million Americans will no longer be asking themselves this question after the Wage and Hour Division of the Department of Labor submitted a Final Rule modifying the regulations pertaining to overtime exemptions.
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Tags:
overtime, flsa, exempt employees, employment law, department of labor
New Year’s Resolutions for Aggressively Compliant Employers Posted on: September 20, 2019 In: Labor & Employment
It is about to be a New Year! At least, it will be for the federal government as of October 1st, when its new fiscal year begins. Most organizations stress the need for continuous improvement, including in Human Resources. As we approach the end of the government’s fiscal year, business should use this time of year as an opportunity for some organizational “New Year’s resolutions,” such as general house cleaning and a fresh assessment of their risk and compliance strategies.
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Tags:
human resources, fiscal new year, resolutions, risk & compliance, employment law, labor law
Pre-Employment Credit Checks: When Can They Be Used? Posted on: July 31, 2019 In: Labor & Employment
Many reading this will have heard of “ban the box” laws, which prohibit employers from asking applicants about criminal histories, but what about laws regarding pre-employment credit checks and credit reports?
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Tags:
fcra, credit check, hiring, human resources, employment law
San Antonio’s Paid Sick Leave Delayed - Is Relief on the Way for Dallas Employers? Posted on: July 25, 2019 In: Labor & Employment
Although Texas employment laws generally remain employer-friendly, Texas employers have not been immune to the expansion of paid sick leave ordinances on the local level. The cities of Austin, San Antonio, and Dallas all recently enacted similar ordinances requiring employers to provide eligible employees with one hour of paid sick leave for every 30 hours worked up to certain caps based on employer size.
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Tags:
paid sick leave, texas, dallas, employment law
Colorado’s Equal Pay for Equal Work Act: What Employers Need to Know Before 2021 Posted on: June 18, 2019 In: Labor & Employment
On Wednesday, May 23, 2019, Colorado Governor Jared Polis signed into law Senate Bill 19 085 (also known as the Colorado Equal Pay for Equal Work Act), which imposes new, stringent obligations on Colorado employers as to hiring practices, promotion procedures, and record-keeping requirements. Importantly, this new law becomes effective on January 1, 2021.
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Tags:
colorado, equal pay, compensation, hiring, employment law
Colorado Joins the Growing Number of States That ‘Ban the Box’ Posted on: April 30, 2019 In: Labor & Employment
On April 12, 2019, Colorado’s House Bill 1025 – known as the “Ban the Box” law – cleared the state legislature and moved to the governor’s desk for final signature. In doing so, Colorado joins the growing number of states that have passed legislation aimed at removing the check box that asks if applicants have a criminal record from hiring applications. Colorado becomes the 12th state to get behind this initiative, in addition to many municipalities that have placed limitations on criminal background inquir
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Tags:
colorado, ban the box, employment application, criminal background checks, employment law

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