Sessions Law http://www.sessions-law.com/news-resources/ recent posts en-us Fri, 19 Apr 2019 01:15:26 -0500 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/
Class Action Lawsuits Continue To Target Employers For Hyper-Technical Background Check Violations http://www.sessions-law.com/news-resources/class-action-lawsuits-continue-to-target-employers-for-hyper-technical-background-check-violations/ On the heels of Amazon's $5 million settlement for background check violations, which we covered in this blog post, FCRA class action lawsuits continue to be on the rise.  

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2018-10-25 11:11:48 http://www.sessions-law.com/news-resources/class-action-lawsuits-continue-to-target-employers-for-hyper-technical-background-check-violations/
Ready, Set, VOTE! State-Specific Requirements for Employers http://www.sessions-law.com/news-resources/ready-set-vote-state-specific-requirements-for-employers/ With elections around the corner, this blog provides a refresher regarding state-specific employment law requirements relating to voting. 

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2018-10-23 08:27:37 http://www.sessions-law.com/news-resources/ready-set-vote-state-specific-requirements-for-employers/
Attention California Employers: New Laws Are Bringing Changes to Your Workplace in the #MeToo Era http://www.sessions-law.com/news-resources/attention-california-employers-new-laws-are-bringing-changes-to-your-workplace-in-the-metoo-era/ One year later, the #MeToo movement still has steam.

It's been a year since the first headlines broke, but the #MeToo movement is still inspiring changes in workplaces throughout the country - most recently in California. In addition to legally mandated sexual harassment trainings, which we covered in this blog post, companies with California employees should know about a slew of new bills signed into law in September by California Governor Jerry Brown. These new laws affect every stage of the employment relationship, from hiring new applicants to settling claims with former employees.

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2018-10-12 00:00:00 http://www.sessions-law.com/news-resources/attention-california-employers-new-laws-are-bringing-changes-to-your-workplace-in-the-metoo-era/
Michigan Becomes 11th State to Enact Mandatory Paid Sick Leave http://www.sessions-law.com/news-resources/michigan-becomes-11th-state-to-enact-mandatory-paid-sick-leave/ Michigan (and multi-state) employers need to evaluate their vacation, sick, and paid time off (PTO) policies to ensure compliance with Michigan's new "Earned Sick Time Act," passed on September 5, 2018.  The Act goes into effect March 2019.  Previous posts about state and local sick leave laws can be found here and here.

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2018-09-28 10:54:55 http://www.sessions-law.com/news-resources/michigan-becomes-11th-state-to-enact-mandatory-paid-sick-leave/
Illinois Becomes the 9th State to Require Employers to Reimburse Employees for Data Plans, Phone Lines, Internet Service, and Equipment Used for Work http://www.sessions-law.com/news-resources/illinois-becomes-the-9th-state-to-require-employers-to-reimburse-employees-for-data-plans-phone-lines-internet-service-and-equipment-used-for-work/ On August 26, 2018, Illinois amended the Wage Payment and Collection Act (IWPCA) to become the 9th jurisdiction to require employers to reimburse employees for all expenses within the scope of their employment that are "directly related to services performed for [their] employer[s]."  The new Illinois law is effective January 1, 2019. 

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2018-09-27 09:54:19 http://www.sessions-law.com/news-resources/illinois-becomes-the-9th-state-to-require-employers-to-reimburse-employees-for-data-plans-phone-lines-internet-service-and-equipment-used-for-work/
IMPORTANT LEGAL UPDATE: NEW BACKGROUND CHECK NOTICE REQUIRED, EFFECTIVE SEPTEMBER 21, 2018 http://www.sessions-law.com/news-resources/important-legal-update-new-background-check-notice-required-effective-september-21-2018/ As you may recall from our previous post, employers that run background checks are subject to a myriad of hyper-technical requirements under the Fair Credit Reporting Act (FCRA). Amazon is about to pay $5M due to background check violations...are you making the same mistakes?  [Click here for more].

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2018-09-17 10:54:01 http://www.sessions-law.com/news-resources/important-legal-update-new-background-check-notice-required-effective-september-21-2018/