News & Alerts for Topics You Follow - Fri, Sep 30, 2016

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Subject: News & Alerts for Topics You Follow - Fri, Sep 30, 2016
 

 
 
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Construction Law  

Courts Must Defer to Agency Determination on Whether a Changed Project is a New Project
by Barbara Schussman, Marc Bruner, Stephen Kostka | Perkins Coie
Related: Addendums, CA Supreme Court, CEQA, Colleges, Construction Industry, Construction Project, Educational Institutions, Environmental Impact Report (EIR), Environmental Policies, Real Estate Development, Renovations
   

Construction Update: What Every School District Should Have On Its Radar Screen!
by Dana Abrahams | Clark Hill PLC
Related: Public Schools, School Districts
   

Lease-Leaseback Legislation Signed Into Law
by Rebecca Chaparro, Tyree Dorward | Best Best & Krieger LLP
Related: Competitive Bidding, Education Code, Leaseback, New Legislation, School Districts, State Procurement Contracts
   

Ledcor: Taming Sattva’s Wild Horse of Contractual Interpretation for Standard Form Contracts
by Ryan Krushelnitzky, Sandra Corbett | Field Law
Related: Construction Contracts, Contract Formation, Contract Interpretation, Contract Terms, Exceptions, Standard Form Contracts, Standard of Review, Supreme Court of Canada
 
 
 
 
Labor & Employment Law  
FEATURED
 
 
Ninth Circuit, California Appellate Court Take Aim at Arbitration Agreements
by Stefan Black | FordHarrison
Related: Appeals, Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions, Ernst & Young, Federal Arbitration Act, Mandatory Arbitration Clauses, NLRA, NLRB, Protected Concerted Activity, Section 7
   

Arizona Court of Appeals Deals Fatal Blow to "Take-Home" Asbestos Exposure Lawsuits
by Kevin Heaphy | Ryley Carlock & Applewhite
Related: Asbestos, Asbestos Litigation, Corporate Counsel, Duty of Care, Mesothelioma, Take-Home Exposure
   

Was There a Service Provision Change?
by Alex Denny, Emma Vennesson, Victoria FitzGerald | Faegre Baker Daniels
Related: TUPE, UK, UK Employment Appeal Tribunal
   

Disability Discrimination and Protection of Pay
by Alex Denny, Emma Vennesson, Victoria FitzGerald | Faegre Baker Daniels
Related: Disability Discrimination, Hiring & Firing, Reasonable Accommodation, UK, UK Employment Appeal Tribunal
   

South Africa Newsletter - September 2016
by Daniél Hofmeyr, Noor Kapdi, Shahid Sulaiman, ... | Dentons
Related: Business Formation, Doing Business, Facebook, Internet, Political Campaigns, Presidential Elections, Public Policy, Publicly-Traded Companies, Social Media, Social Media Policy, South Africa, Twitter
   

When Employers Don't Recognize an Employee's Notice of the Need for FMLA Leave, They Pay the Price
by Jeff Nowak | Franczek Radelet P.C.
Related: Employee Training, FMLA, Notice Requirements, Paid Leave, PTO, Sick Leave, Wage and Hour
   

EEOC Small Business Resource Center: Two thumbs up!
by Robin E. Shea | Constangy, Brooks, Smith & Prophete, LLP
Related: Discrimination, EEOC, Reasonable Accommodation, Small Business
   

Can an Expatriate Employee Bring a Claim in the U.K.?
by Alex Denny, Emma Vennesson, Victoria FitzGerald | Faegre Baker Daniels
Related: Hiring & Firing, Jurisdiction, UK, UK Employment Appeal Tribunal
   

Zika Virus: What Do Employers Need to Know?
by April Boyer, Bridget Blinn-Spears, Yamilet Hurtado | K&L Gates LLP
Related: ADA, Business Travel, CDC, FMLA, Health Care Workers, Infectious Diseases, OSHA, Popular, Pregnancy, Workplace Safety, World Health Organization, Zika
   

21 States File a Lawsuit Challenging the USDOL’s Revisions to the White Collar Exemptions
by Subhash Viswanathan | Bond Schoeneck & King PLLC
Related: Declaratory Judgments, DOL, Exempt-Employees, FLSA, Minimum Salary, Over-Time, Tenth Amendment, Wage and Hour, White-Collar Exemptions
   

Without a Box to Stand on: States May Lack Right to Fight EEOC Criminal History Guidance After All
by Alexander Batoff | Obermayer Rebmann Maxwell & Hippel LLP
Related: Ban the Box, Criminal Background Checks, EEOC, Enforcement Guidance, Hawkes Co v United States Army Corps of Engineers, Hiring & Firing, Standing, State Sovereignty
   

California prohibits employee agreements providing for out-of-state venue or law
by Ian Barker, Jim McNeill, Nick Pujji, ... | Dentons
Related: Arbitration, Arbitration Agreements, Attorney's Fees, Contract Terms, Employment Contract, Foreign Jurisdictions, Forum, Labor Code, New Legislation, Venue
   

I-9 Checkup: Nine Best Practices for I-9 Compliance
by Jennifer Roeper | Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Related: Best Management Practices, Employer Liability Issues, Hiring & Firing, I-9, ICE, IRCA, Non-Discrimination Rules
   

States and Business Groups Seek to Halt Implementation of Revised Overtime Rules; Employers Encouraged to Stay The Course
by Christopher Moran, Lee Tankle | Pepper Hamilton LLP
Related: Administrative Procedure Act, DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary, Non-Exempt Employees, Over-Time, State Employees, State Sovereignty, Tenth Amendment, Wage and Hour, White-Collar Exemptions
   

California Prohibits Employers from Requiring Out-of-State Litigation and Arbitration
by Chuck Rice, Craig McDougal, James Smith, ... | Kilpatrick Townsend & Stockton LLP
Related: Arbitration, Arbitration Agreements, Choice-of-Law, Covered Employee
   

UK Employment Law Round Up - September 2016, Volume 1, Issue 9
by Gilla Harris, Michael Bronstein, Ryan Carthew, ... | Dentons
Related: Apprenticeships, Disability, Employment Discrimination, EU, European Court of Justice (ECJ), Germany, Hiring & Firing, HMRC, Holiday Pay, Income Taxes, Job Applicants, Remuneration, Termination Payments, UK, Wage and Hour
   

California Prohibits Employers from Considering Juvenile Criminal Convictions
by Anthony Oncidi, Pietro Deserio | Proskauer - California Employment Law
Related: Criminal Background Checks, Criminal Records, Hiring & Firing, Job Applicants, Juveniles, Minors, New Legislation
   

Several Months Into Having Federal Protection for Trade Secrets: What Are We Learning?
by April Boyer, Erinn Rigney | K&L Gates LLP
Related: Asset Seizure, Confidential Information, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Immunity, Misappropriation, Trade Secrets, Whistleblower Protection Policies
   

"Take-Home" Asbestos Case Decision Could have Ripple Effect
by Dennis Dobbels, Luke Mangan | Polsinelli
Related: Appeals, Asbestos, Asbestos Litigation, Duty of Care, Hazardous Substances, Mesothelioma, Motion for Summary Judgment, Negligence, Take-Home Exposure, Toxic Exposure, Workplace Hazards
   

“Well” Look What We Have Here: EEOC Regulations on Wellness Programs (Part II)
by Daniel Schwartz | Shipman & Goodwin LLP
Related: ADA, EEOC, Medical Expenses, Wellness Programs
   

Court Misses Chance To Clarify Conflict Between Franchise, Employment Law – But Dissent Gets It Right
by Donald Prophete, Jeffrey M. Rosin | Constangy, Brooks, Smith & Prophete, LLP
Related: Class Action, Franchisee, Franchises, Franchisors
   

Key New California Employment Laws
by Andrew Sommer | Conn Maciel Carey PLLC
Related: Governor Brown, Over-Time, Severance Agreements, Wage and Hour
   

Paid Sick Leave for Federal Contractors is Here: DOL Announces Final Rule
by Hera Arsen, Ph.D. | Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Related: DOL, Employer Mandates, Executive Orders, Federal Contractors, Final Rules, Paid Leave
   

Whistleblower’s Attorney’s Communications with Regulators Found to be Protected by Work Product Doctrine
by Andrew Schnitzel, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation
Related: Abandonment, Attorney-Client Privilege, Common-Interest Privilege, FMLA, Hiring & Firing, OCC, Sarbanes-Oxley, SEC, Termination, Unpaid Leave, Whistleblowers, Work-Product Doctrine
   

New California Limits on Choice-of-Law and Venue Provisions in Employment Contracts, Including Arbitration Agreements, with Employees Primarily Residing and Working in California
by Jill Ripke, Sue Stott | Perkins Coie
Related: Arbitration, Arbitration Agreements, Attorney's Fees, Choice-of-Law, Contract Terms, Employment Contract, Foreign Jurisdictions, Forum Selection, New Legislation, Venue
   

Independent Contractors or Employees: Why It Is so Important to Use the Proper Classification for the People that Work for You
by Klein Moynihan Turco LLP
Related: 1099s, DOL, Employee Definition, Employer Liability Issues, Federal Taxes, Independent Contractors, Misclassification, State Taxes, W-2, Wage and Hour
   

New 'Digest of EEO Law' Issued by EEOC
by U.S. Equal Employment Opportunity Commission (EEOC)
Related: ADA, Disability Discrimination, EEO Digest, EEOC, Mental Health
   

Have a Management Rights Clause? It May Not Save You from Bargaining with the Union
by Thomas Pence | Foley & Lardner LLP
Related: Collective Bargaining, Employer Liability Issues, Management Rights Clauses, NLRB, Policies and Procedures, Union Membership, Unions
   

NEW UPDATE: Is Your Workers’ Compensation Program Unlawful?
by Dennis Cusack | Farella Braun + Martel LLP
Related: Administrative Proceedings, Appeals, Cease and Desist Orders, Department of Insurance, Fraud, Insurance Commissioners, Reinsurance Agreements, Unenforceable Contract Terms, Unfair or Deceptive Trade Practices, Workers Compensation Reform
   

Election 2016: Political Speech and Activity in the Workplace
by Ilyse Schuman, William E. Trachman | Littler
Related: Employment Policies, First Amendment, Free Speech, NLRA, NLRB, PACs, Political Campaigns, Political Contributions, Political Expression, Political Speech, Presidential Elections, Right to Vote, Section 7
   

House Votes to Delay OT Rule But Employers Are Not Out of the Woods Yet
by Staci Ketay Rotman | Franczek Radelet P.C.
Related: DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary, Non-Exempt Employees, Over-Time, Proposed Legislation, Small Business, U.S. House, Wage and Hour, White-Collar Exemptions
   

EEOC Publishes Final Pay Data Changes to EEO-1 Report
by K Joy Chin, Mickey Silberman, Stephanie Lewis | Jackson Lewis P.C.
Related: EEO-1, EEOC, Federal Contractors, OFCCP, Pay Discrimination, Reporting Requirements
   

OSHA Provides New Guidance on Unacceptable Whistleblower Settlements, Ensures Whistleblowers Cannot Waive Right to Receive Awards
by Ben Patton, Nicholas Morrell | Katten Muchin Rosenman LLP
Related: OSHA, Settlement Agreements, Whistleblowers
   

It’s Time to Get Back to Basics: Keeping Your Workplace Free of Sexual Harassment
by Karen Vossler | Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Related: Donald Trump, Employer Liability Issues, Risk Management, Sexual Harassment, Title VII
   

Labor Department Issues Final Rule Implementing Executive Order on Government Contractor Paid Sick Leave
by Laura Mitchell, Leslie Stout, Mickey Silberman, ... | Jackson Lewis P.C.
Related: DOL, Executive Orders, Federal Contractors, Paid Leave, Wage and Hour
   

New DOL fiduciary rule and swaps - ISDA update
by Joseph Hugg, Marc Horwitz | DLA Piper
Related: DOL, ERISA, Fiduciary Duty, Financial Institutions, ISDA
   

U.K. now requires supply chain transparency on human trafficking risks
by Kelly Laffey, Richard Reibman | Thompson Coburn LLP
Related: Human Trafficking, Modern Slavery Act, New Legislation, Section 54, Slavery, Supply Chain, Transparency, UK
   

Update on the Employment Application Process and Background Checks
by Joshua Hawks-Ladds | Pullman & Comley - Labor, Employment and Employee Benefits Law
Related: ADA, Background Checks, Ban the Box, Criminal Background Checks, Drug Testing, EEOC, Employment Application, Fair Chance Act, FCRA, Hiring & Firing, Job Applicants
   

New Jersey Senate Approves Legislation Extending Unemployment Benefits to Striking Workers
by Richard Mariani | Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Related: NJ Supreme Court, Pending Legislation, Strike, Unemployment Benefits, Unions
   

EEOC Sues Physicians Management Groups For Disability Discrimination
by U.S. Equal Employment Opportunity Commission (EEOC)
Related: Disability Discrimination, EEOC, Hiring & Firing, Physicians, Prescription Drugs, Wrongful Termination
   

Spoiler Alert: LA Hotel Ordinance Is Here to Stay
by Sahara Pynes | Fox Rothschild LLP
Related: Hospitality Industry, Hotels, Local Ordinance, Minimum Wage, Wage and Hour
   

California Prevailing Wage Law Expanded to Cover Private Projects
by Jon Welner | Jeffer Mangels Butler & Mitchell LLP
Related: Construction Industry, Hazardous Substances, Prevailing Wages, Public Funds, Wage and Hour
   

House Passes Bill to Delay Effective Date of Overtime Rule Change
by Allan Bloom | Proskauer - Law and the Workplace
Related: Delays, DOL, FLSA, Minimum Salary, Over-Time, Proposed Legislation, Wage and Hour
   

Substance over form? Defining the modern employment relationship
by Dana Hooker | DLA Piper
Related: British Columbia Supreme Court, Employee Definition, Employment Contract, Wrongful Termination
   

Legislation To Delay Overtime Rule Passed By The House Of Representatives
by Roberto Concepción | Jackson Lewis P.C.
Related: Barack Obama, Pending Legislation, Wage and Hour, White-Collar Exemptions
   

NLRB Reaffirms Alan Ritchey Doctrine with New Make-Whole Twist
by Kaitlyn Whiteside, Ronald Kramer | Seyfarth Shaw LLP
Related: Alan Ritchie Doctrine, Collective Bargaining, Hiring & Firing, Make-Whole Doctrine, New Hires, NLRB, Union Membership, Unions
   

EEOC to Collect Summary Pay Data
by U.S. Equal Employment Opportunity Commission (EEOC)
Related: Data Collection, EEO-1, EEOC, Equal Pay, Gender-Based Pay Discrimination, OFCCP, Pay Gap, Reporting Requirements
 
 
 
 
Real Estate - Residential  

New California Law Amends Water Supply Planning Laws
by Miles Krieger, Paeter Garcia, Sarah Christopher Foley | Best Best & Krieger LLP
Related: Amended Legislation, CEQA, Construction Project, Department of Water Resources, Groundwater, Housing Developers, Sustainable Groundwater Management Act (SGMA), Urban Planning & Development, Water Supplies
   

County Counsel Teamwork: The Exide Story
by Best Best & Krieger LLP
Related: Batteries, Clean-Up Costs, Contaminated Properties, Environmental Litigation, Governor Brown, Hazardous Waste, Permits, Recycling, State Budgets, Testing Requirements, Toxic Exposure
   

Appellate Court Notes
by Edward McCreery III | Pullman & Comley, LLC
Related: Appeals, Attorney-Client Privilege, Contractors, CT Supreme Court, Dismissals, Escrow Holders, Estate Claims, Executors, Expert Witness, Homeowners, Insurance Commissioners, Legal Advice Privilege, Legal Entities, Medical Malpractice, Physicians, Purchasers, Remand, Residential Real Estate Contracts, Set-Asides, Standing, Workers Compensation Board
 
 
 
 
Firms & Companies You Follow  

A Reprieve for Arizona Businesses: State Judge Stays More Than 1,100 Cases by Serial ADA Plaintiff
by Caroline Larsen | Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
ADA, Appeals, Corporate Counsel, Order to Stay, Parking Lots, Public Accommodation     
 

 
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