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State Paid Family Leave Laws: Massachusetts Joins CA, NJ, RI, NY, DC, and WA...

On June 28, 2018, Massachusetts signed into law a paid family and medical leave law, joining California, New Jersey, Rhode Island, New York, Washington D.C., and Washington State.Massachusetts's law will begin providing benefits in 2021 and will cover nearly all private sector employees as follows:

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Harvey Weinstein. Matt Lauer. Charlie Rose. #MeToo..... Legislators React with New Laws and Training Requirements

Maryland, New York State, and New York City are the latest jurisdictions to pass legislation in the wake of the #MeToo Movement. New York joins California, Connecticut, and Maine in legally requiring sexual harassment prevention training in the workplace. 

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New Jersey Becomes 10th State to Enact Paid Sick Leave...Are you in compliance?

Not to be outdone by its New England neighbors (Connecticut, Massachusetts, Rhode Island, and New York City), New Jersey now joins 9 other states and more than 30 local jurisdictions in requiring private employers to provide paid sick leave.  New Jersey's sick leave law will take effect on October 29, 2018, and it applies to almost all paid employees, with the exception of certain construction industry workers, healthcare workers, and public employees.  Under the new law:

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U.S. Supreme Court BREAKING NEWS: Workplace Arbitration Agreements Banning Class Actions Upheld as Legal

In a close 5-4 decision today, in Epic Systems Corp. et al. v. Jacob Lewis et al., 584 U.S. _ (2018), the U.S. Supreme Court upheld employer arbitration agreements requiring applicants and employees to waive their rights to bring or join a class action or collective action (wage and hour class) against the employer.

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OREGON DEBT BUYER LAW CONFIRMS EXTENSIVE VALIDATION REQUIREMENTS

On April 3, 2018, Oregon's governor signed S.B. 1553 which makes an important clarification to the debt buyer law passed last year.  The amendment confirms that the debt validation requirement only applies to debt buyers and debt collectors collecting purchased debt; the validation requirement does not apply to collectors servicing debt on behalf of the original/pre-default creditor.

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Ace American Insurance Co. v. Dish Network, LLC - No Duty to Defend and Indemnify TCPA Claims Under Insurance Agreement in Colorado

The 10th Circuit recently affirmed a lower court's ruling on summary judgment that Ace had no duty to defend and/or indemnify Dish in a lawsuit that DISH used telemarketing phone calls in violation of state and federal law. 

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Safe Harbor Language Is Not Always Safe

The Seventh Circuit recently ruled that a strict recitation of the long relied-upon safe harbor language the Court provided in Miller v. McCalla may not be so safe. 

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Attention Multi-State Employers: Background Checks and Ban-the-Box and Sick Leave Laws, OH MY!

As the federal government hits the brakes on numerous Obama-era employment law regulations, many states are ramping up their own employment law requirements. Some of the new state-specific laws to be aware of:   

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Navigating the FMLA - Part I: Common Technical Violations

Did you know that any technical violation of the FMLA may constitute "interfering with, restraining, or denying the exercise of rights" provided by the FMLA?  Yes, that's right employers: you can get sued by an ex-employee or fined by the DOL for technical errors relating to FMLA notices, paperwork, timing, and follow-up. 

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Federal Appeals Court Rules Extended Medical Leave is NOT a Reasonable Accommodation Under ADA

In Severson v. Heartland Woodcraft, Inc. (September 2017), the Seventh Circuit Court of Appeals ruled that employees are not entitled to extensive or open-ended periods of medical leave as a reasonable accommodation under the ADA.

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