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IAML Insights

May 26, 2017

Yesterday, the Trump Administration released its proposed budget for Fiscal Year 2018, which runs from October 1, 2017, through September 30, 2018. Here are the highlights related to labor and employment law, and there are a BUNCH. The following is a compilation of a number of articles published in yesterday’s edition of Bloomberg...

May 25, 2017

The ADA expressly excludes from its coverage “transvestism, transsexualism, … [and] gender identity disorders not resulting from physical impairments….”Thus, it should be an easy call for a court to dismiss a lawsuit in which an employee, born a male but who identifies and presents as a female, alleges disability discrimination because...

May 22, 2017

On November 16, 2016, Mayor de Blasio signed into law the Freelance Isn't Free Act (No. 1017-2015) (the Act), designed to extend various new protections to freelancers, i.e., independent contractors. Prior to the Act's passage, independent contractors with claims for unpaid wages were left only with suits in contract as their sole means of...

May 22, 2017

What makes a workplace investigation so good that you just can’t wait to show the EEOC investigator what you did? And you’re like, “Plaintiff’s lawyer, take us to court — please!” All right, maybe nothing would make it that good, but here are nine things employers can do to ensure that they at least won’t be ashamed of their workplace...

May 19, 2017

Last week, I wrote about a report in Bloomberg BNA that the Trump Administration was thinking about letting the Equal Employment Opportunity Commission “absorb” the Office of Federal Contract Compliance Programs. The idea had some appeal for me because both agencies enforce variants on federal prohibitions against discrimination....

May 18, 2017

In Mendoza v. Nordstrom, Inc., the California Supreme Court clarified how courts and employers should interpret California’s “day of rest” statutes, set forth at Cal. Lab. Code §§ 551, 552 and 556 – which generally provide that employees shall not work more than six out of seven days. The matter is currently on appeal to the Ninth Circuit,...
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