Sessions Law http://www.sessions-law.com/news-resources/ recent posts en-us Mon, 19 Aug 2019 02:33:45 -0500 News You Can Use: Are You in Compliance with These New Employment Laws? http://www.sessions-law.com/news-resources/news-you-can-use-are-you-in-compliance-with-these-new-employment-laws/ It has been a busy summer in the employment law world. Companies doing business in California, Connecticut, Nevada, New York, Oregon, New York City, San Antonio, and Dallas should become familiar with these legal updates:

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2019-07-17 00:00:00 http://www.sessions-law.com/news-resources/news-you-can-use-are-you-in-compliance-with-these-new-employment-laws/
Think your employees are earning "Discretionary Bonuses"? Think again. http://www.sessions-law.com/news-resources/think-your-employees-are-earning-discretionary-bonuses-think-again/ We've received many questions regarding the Department of Labor's (DOL) proposed rule regarding "discretionary bonuses" in relation to an employee's overtime (OT) rate.

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2019-07-10 00:00:00 http://www.sessions-law.com/news-resources/think-your-employees-are-earning-discretionary-bonuses-think-again/
Rachel Morris Named 'Rising Star' by Florida Super Lawyers Magazine http://www.sessions-law.com/news-resources/rachel-morris-named-rising-star-by-florida-super-lawyers-magazine/ Sessions, Fishman, Nathan & Israel is proud to announce that Rachel A. Morris from our Tampa office has been included in the Florida Super Lawyers - Rising Stars list in Employment & Labor Law: Employer. 

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2019-05-30 10:11:33 http://www.sessions-law.com/news-resources/rachel-morris-named-rising-star-by-florida-super-lawyers-magazine/
JUDGE REVERSES COURSE AND DISMISSES G NOTICE CLAIM IN NEW JERSEY http://www.sessions-law.com/news-resources/judge-reverses-course-and-dismisses-g-notice-claim-in-new-jersey/ On May 16, 2019, Judge Arleo of the District of New Jersey reversed herself and released her latest opinion in Poplin v. Chase Receivables approving a statutory G notice initial debt collection notice.

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2019-05-17 12:22:15 http://www.sessions-law.com/news-resources/judge-reverses-course-and-dismisses-g-notice-claim-in-new-jersey/
EEOC Expands Pay Data Collection of EEO-1 Component 2 Pay Data to Include Both 2017 and 2018 http://www.sessions-law.com/news-resources/eeoc-expands-pay-data-collection-of-eeo-1-component-2-pay-data-to-include-both-2017-and-2018/ As we blogged about earlier this week, the EEOC announced it expects to begin collecting EEO-1 Component 2 pay data based on gender, race, and ethnicity in mid-July 2019.  In its notice published on the Federal Register, the EEOC also announced it was still deciding whether to require EEO-1 Component 2 pay data for 2017.

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2019-05-03 12:14:48 http://www.sessions-law.com/news-resources/eeoc-expands-pay-data-collection-of-eeo-1-component-2-pay-data-to-include-both-2017-and-2018/
EEOC Burdens Employers by Collecting EEO-1 Component 2 Pay Data http://www.sessions-law.com/news-resources/eeoc-burdens-employers-by-collecting-eeo-1-component-2-pay-data/ Yesterday, the U.S. Equal Employment Opportunity Commission officially reinstated its employer pay data survey for employers covered by EEO-1 reporting requirements. 

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2019-05-01 00:00:00 http://www.sessions-law.com/news-resources/eeoc-burdens-employers-by-collecting-eeo-1-component-2-pay-data/
May I Terminate a Medical Marijuana User for a Positive Drug Test? http://www.sessions-law.com/news-resources/may-i-terminate-a-medical-marijuana-user-for-a-positive-drug-test/ Medical marijuana is now legal in 33 states and the District of Columbia (and recreational use is also legal in 10 of those states, plus D.C.), but marijuana remains illegal under federal law. While employers can prohibit workers from using or being under the influence of intoxicating drugs in the workplace, the line becomes much smokier when the employee uses medical marijuana at home to treat a disability but there is no indication of use or intoxication in the workplace.

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2019-04-12 08:08:44 http://www.sessions-law.com/news-resources/may-i-terminate-a-medical-marijuana-user-for-a-positive-drug-test/
EEOC Says EEO-1 Pay Data Will Be Due September 30 (For Now...) http://www.sessions-law.com/news-resources/eeoc-says-eeo-1-pay-data-will-be-due-september-30-for-now/ As we blogged about here, a Washington, D.C., federal judge recently ordered the EEOC to reinstate the EEO-1 form's pay-data reporting provisions, which were suspended in 2017 by the Trump Administration. The judge required that the EEOC explain how it would implement her order by April 3. 

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2019-04-04 14:39:21 http://www.sessions-law.com/news-resources/eeoc-says-eeo-1-pay-data-will-be-due-september-30-for-now/
Selection to Rising Stars by Texas Super Lawyers Magazine http://www.sessions-law.com/news-resources/selection-to-rising-stars-by-texas-super-lawyers-magazine/ Sessions, Fishman, Nathan & Israel is delighted to announce that Whitney White from the Dallas office has been named as a 2019 Texas Rising Star in Consumer Law by Super Lawyers. After a rigorous nomination and review process, no more than 2.5% of all lawyers in the State of Texas are named as Rising Stars.

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2019-03-29 11:15:25 http://www.sessions-law.com/news-resources/selection-to-rising-stars-by-texas-super-lawyers-magazine/
Second Circuit Confirms Debt Collectors Need Not Provide Detailed Disclosures About Interest And Fees Under The FDCPA http://www.sessions-law.com/news-resources/second-circuit-confirms-debt-collectors-need-not-provide-detailed-disclosures-about-interest-and-fees-under-the-fdcpa/ Over the last week, the Second Circuit issued two opinions (Kolbasyuk v. Capital Management Services, LP, No. 18-1260, and Corwise v. FMS Investment Corp., No. 18-1292) that clarify a debt collector's obligations under the Fair Debt Collection Practices Act ("FDCPA") when a debt is accruing interest or fees.

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2019-03-22 00:00:00 http://www.sessions-law.com/news-resources/second-circuit-confirms-debt-collectors-need-not-provide-detailed-disclosures-about-interest-and-fees-under-the-fdcpa/
Major EEO-1 Reporting Changes Coming? Federal Judge Rules Employers May Be Forced To Reveal Pay Information http://www.sessions-law.com/news-resources/major-eeo-1-reporting-changes-coming-federal-judge-rules-employers-may-be-forced-to-reveal-pay-information2/ On March 4, a Washington, D.C., federal judge ordered the EEOC to reinstate the EEO-1 form's pay-data reporting provisions, which were suspended in 2017 by the Trump administration. The controversial provisions require covered employers to report pay information by race, ethnicity, and sex.  Importantly, the federal judge's mandate's effective date was not made clear by the March 4 Order. 

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2019-03-21 13:34:20 http://www.sessions-law.com/news-resources/major-eeo-1-reporting-changes-coming-federal-judge-rules-employers-may-be-forced-to-reveal-pay-information2/
The DOL's New Overtime Proposal Is Finally Here http://www.sessions-law.com/news-resources/the-dol-s-new-overtime-proposal-is-finally-here/ On Thursday, March 7, the U.S. Department of Labor released its new overtime proposal updating the salary thresholds for workers entitled to overtime compensation.  According to the proposal, the new salary level will increase to $679 per week (about $35,308 annually).  This is a significant increase from the current salary level of $455 (about $23,660 annually).

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2019-03-11 08:23:39 http://www.sessions-law.com/news-resources/the-dol-s-new-overtime-proposal-is-finally-here/
Is New Jersey the New California? New NJ Laws Provide $15 Minimum Wage, Expand Family Leave, and More http://www.sessions-law.com/news-resources/is-new-jersey-the-new-california-new-nj-laws-provide-15-minimum-wage-expand-family-leave-and-more/ As we previously blogged about here, New Jersey is moving forward with several employee-friendly laws.

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2019-03-04 00:00:00 http://www.sessions-law.com/news-resources/is-new-jersey-the-new-california-new-nj-laws-provide-15-minimum-wage-expand-family-leave-and-more/
NYC Bans Hair Discrimination: What Employers Everywhere Need to Know http://www.sessions-law.com/news-resources/nyc-bans-hair-discrimination-what-employers-everywhere-need-to-know/ Last week, New York City became the first jurisdiction to pass legislation making black hairstyles a protected racial characteristic. This legislation is part of a national legal trend that affects employers nationwide.  

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2019-02-28 00:00:00 http://www.sessions-law.com/news-resources/nyc-bans-hair-discrimination-what-employers-everywhere-need-to-know/
Consensual Romantic Relationships Between Co-Workers Can Result in Big Liability for Employers http://www.sessions-law.com/news-resources/consensual-romantic-relationships-between-co-workers-can-result-in-big-liability-for-employers/ When workplace romances go south, the employer can be held liable if not handled appropriately.  

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2019-02-21 13:05:19 http://www.sessions-law.com/news-resources/consensual-romantic-relationships-between-co-workers-can-result-in-big-liability-for-employers/
"The Government Do Take a Bite, Don't She?" IRS Updates Rules on Gifts and Prizes to Employees http://www.sessions-law.com/news-resources/the-government-do-take-a-bite-don-t-she-irs-updates-rules-on-gifts-and-prizes-to-employees/ In production-based work environments, it's common for employers to use contests, raffles, gifts, prizes and "spiffs" to motivate performance, attendance, and other positive performance standards.  

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2019-02-06 13:50:45 http://www.sessions-law.com/news-resources/the-government-do-take-a-bite-don-t-she-irs-updates-rules-on-gifts-and-prizes-to-employees/
Delta Agrees to Pay $2.3 Million To Settle http://www.sessions-law.com/news-resources/delta-agrees-to-pay-2-3-million-to-settle-stand-alone-background-check-disclosure-dispute/ Delta Air Lines has agreed to pay $2.3 million to settle a class-action lawsuit alleging it failed to provide approximately 44,000 applicants with a stand-alone background check disclosure, in violation of the federal Fair Credit Reporting Act (FCRA) and California law.

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2019-01-25 00:00:00 http://www.sessions-law.com/news-resources/delta-agrees-to-pay-2-3-million-to-settle-stand-alone-background-check-disclosure-dispute/
NAMED FIRM MEMBER: MAX NATHAN, JR. IS RETIRING http://www.sessions-law.com/news-resources/named-firm-member-max-nathan-jr-is-retiring/ With the most mixed of emotions, our Firm announces that effective December 31, 2018, our senior partner, Max Nathan, Jr. retired from the practice of law. 

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2019-01-25 00:00:00 http://www.sessions-law.com/news-resources/named-firm-member-max-nathan-jr-is-retiring/
Another Snowmaker Hits U.S. Employers...Are you required to pay employees for full or http://www.sessions-law.com/news-resources/another-snowmaker-hits-u-s-employers-are-you-required-to-pay-employees-for-full-or/ With another January snowstorm hitting the U.S., employers from the Rockies to the Midwest to the Northeast are experiencing record low temperatures and inches and inches of snow.  Storms like these often cause employees to call off work, and can prompt businesses to close down for days at a time. 

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2019-01-16 00:00:00 http://www.sessions-law.com/news-resources/another-snowmaker-hits-u-s-employers-are-you-required-to-pay-employees-for-full-or/
Tis the Season...MORE Employment News for the New Year! http://www.sessions-law.com/news-resources/tis-the-season-more-employment-news-for-the-new-year/ As discussed in our previous "Tis the Season" blog post here, many states are ramping up employment law requirements on a wide array of topics.  Employers should plan ahead now and review their handbook policies to ensure compliance! 

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2019-01-07 00:00:00 http://www.sessions-law.com/news-resources/tis-the-season-more-employment-news-for-the-new-year/
Attention Clients Using E-Verify http://www.sessions-law.com/news-resources/attention-clients-using-e-verify/ E-Verify expired during the Government shutdown.  During the shutdown, employers will not be able to enroll in E-Verify; access E-Verify accounts; create a case; view or take action on any case, including resolving Tentative Nonconfirmations (TNCs); add, delete or edit accounts; reset passwords, edit company information, terminate accounts, or run reports.  You can continue to hire new employees, even in states that require E-Verify. 

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2019-01-03 00:00:00 http://www.sessions-law.com/news-resources/attention-clients-using-e-verify/
LiveVox HCI is Still Not an Autodialer, So Stop Asking (Collins v. National Student Loan Program, 2018 WL 6696168 (D.N.J. Dec. 20, 2018)): http://www.sessions-law.com/news-resources/livevox-hci-is-still-not-an-autodialer-so-stop-asking-collins-v-national-student-loan-program-2018-wl-6696168-d-n-j-dec-20-2018/ On December 20, 2018, the District of New Jersey re-confirmed prior opinions saying LiveVox HCI is not an ATDS under the TCPA.  "Although LiveVox HCI's level of human intervention may seem minimal, every court to examine this issue has held that the clicker agent's role prevents the system from qualifying as an ATDS under the statute...Defendant's HCI system does not constitute an ATDS under the TCPA because the system cannot initiate calls without manual human intervention by a clicker agent." 

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2018-12-31 00:00:00 http://www.sessions-law.com/news-resources/livevox-hci-is-still-not-an-autodialer-so-stop-asking-collins-v-national-student-loan-program-2018-wl-6696168-d-n-j-dec-20-2018/
Tis the Season... Employment Laws Effective in the New Year! http://www.sessions-law.com/news-resources/tis-the-season/ As 2018 comes to a close, many states are ramping up employment law requirements on a wide array of topics, including background checks, harassment training, equal pay, and employee-reimbursement requirements.  Employers should plan ahead now and review their handbook policies to ensure compliance! 

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2018-12-19 09:30:48 http://www.sessions-law.com/news-resources/tis-the-season/
Hello? Is it Me You're Looking For? FCC Unanimously Approves Rules to Create a Database for Reassigned Numbers: http://www.sessions-law.com/news-resources/hello-is-it-me-you-re-looking-for-fcc-unanimously-approves-rules-to-create-a-database-for-reassigned-numbers/ Yesterday, the FCC unanimously voted to take additional steps to create a database of reassigned numbers to help companies verify the current subscriber of a phone number before calling it.  Use of the database would be optional, but the FCC is offering a safe harbor from liability to anyone who uses it and later gets sued for calling the wrong person.  The FCC's press release explained:

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2018-12-13 00:00:00 http://www.sessions-law.com/news-resources/hello-is-it-me-you-re-looking-for-fcc-unanimously-approves-rules-to-create-a-database-for-reassigned-numbers/
Employment Law Gotcha: Biometric Privacy Laws You Need to Know About http://www.sessions-law.com/news-resources/employment-law-gotcha-biometric-privacy-laws-you-need-to-know-about/ It was a normal day at the Six Flags amusement park in Gurnee, IL. After buying a season pass, a teenage boy went to the park's security checkpoint, and Six Flags scanned his thumb so that he could use his thumbprint to gain access to the park over the course of the season. 

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2018-12-11 00:00:00 http://www.sessions-law.com/news-resources/employment-law-gotcha-biometric-privacy-laws-you-need-to-know-about/