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case law books

ALERT! Third Circuit Court’s Decision on Workplace Sexual Harassment

In Minarsky v. Susquehanna Cty., the Third Circuit Court of Appeal recently rejected the notion that an employee’s refusal to report sexual harassment automatically invalidated the employee’s harassment claim against the employer. There, the employee’s supervisor made unwanted sexual advances towards her and other women for years.  The supervisor was reprimanded for incidents involving other

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supreme court building

California Supreme Court Adopts New Independent Contractor Test

Background The California Supreme Court has adopted a new three-part test to determine whether a worker is an independent contractor or an employee under California’s wage orders, which regulate wages, hours, and working conditions. The Borello test, used for decades to determine if a worker is an independent contractor, was recently rejected by the California

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fmla

ALERT! Update on Expiring FMLA Forms

The U.S. Department of Labor’s Wage and Hour Division (WHD) has extended the effective date of the following model FMLA notices through July 31, 2018: ​Notice of Eligibility and Rights & Responsibilities FMLA Designation Notice Certification of Employee’s Serious Health Condition Certification of Family Member’s Serious Health Condition Certification of Qualifying Exigency for Military Family Leave

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metoo movement

ALERT! Anti-Harassment Law Updates

The ripple effect from the #MeToo movement continues to impact legislation in state and local governments, as many of our recent e-Alerts can attest. While some legislative actions are still in progress, we have several updates to report. ​Recent updates: ​Maryland ​Effective October 1, a new Maryland law prohibits employment contracts or agreements from including provisions that

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pencil on notepad

Employee Handbook Policy: Must-Haves!

Have you revised your employee handbook lately? It’s a worthy priority for the new year—or anytime, really. Handbooks are living documents that should be reviewed regularly, especially considering the federal government’s focus on deregulation and ever-changing updates from state legislatures and municipalities. Here are five key issues that may trigger updates: 1. Workplace conduct and

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osha caution signs

ALERT! OSHA 300-A Data Electronic Submission

Employers can now begin to electronically report their Calendar Year (CY) 2017 Form 300A data to OSHA. All covered establishments must submit the information by July 1, 2018. Employers can view their submitted CY 2016 Form 300A summary information, but they cannot edit or submit additional 2016 data on this website. Remember, not all establishments

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survey reporting extended

ALERT! EEO-1 Reporting Deadline Extended

The Equal Employment Opportunity Commission has extended the deadline for filing the 1018 EEO-1 reports.  The original deadline was March 31, 2018 (congrats to all of you who made that deadline!!), but the Commission said that they received so many requests for technical assistance that they decided to push the final deadline out to June

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survey reporting

ALERT! EEO-1 Reporting Due 3/31/2018

Employers with 100 or more employees and employers with at least 50 employees and $50,000 per year in government contracts must file an EEO-1 report each year. The report must include race/ethnicity, gender, and job category information for all employees—full-time and part-time—during the lookback period, which is the last quarter of 2017 for this year’s

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