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      • Business Restructuring & Insolvency
        • Business Restructuring & Insolvency Overview
        • Bankruptcy Chapters 7 and 13 Debtor
        • Bankruptcy Chapter 11 Debtor
        • Bankruptcy Chapter 11 Subchapter V Debtor
        • Business Wind Down and Liquidation
        • Court Appointed Trustees and Receivers
        • Creditors’ Rights
        • Official Committee of Unsecured Creditors in Chapter 11 Bankruptcy Proceedings
        • Prosecution and Defense of Avoidance Actions in Bankruptcy
        • Real Estate-Related Insolvency
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Category: Employment Blog

A General Liability Insurer’s Duty to Defend in California

June 7, 2018

On Monday, June 4, the Supreme Court of California (“SCOCAL”) ruled that under certain circumstances, a general liability insurer has an obligation to defend an insured who has been sued …

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Assembly Bill 2770 Unanimously Passes California State Assembly

May 11, 2018

On May 7, 2018, Assembly Bill 2770 (“AB 2770”) unanimously passed the California State Assembly. AB 2770, the full text of which can be found here, would permit an employer …

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Ninth Circuit Ruling on Equal Pay: Salary History Cannot Justify Wage Disparities Between Men and Women

April 10, 2018

On the eve of Equal Pay Day, the Ninth Circuit Court of Appeals ruled that employers may not justify paying women a lower salary than men by relying on salary …

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Deduction Denied for Settlement of Sexual Harassment Claims Subject to Nondisclosure Obligations

March 8, 2018

A little-noticed provision of the Tax Cuts and Jobs Act prohibits deductions for payments made after December 22, 2017, in settlement of sexual harassment or abuse claims, if such settlements …

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California Labor Commissioner and California Attorney General Issue Guidance on Immigration Enforcement Law

February 14, 2018

On Tuesday, February 13, California Attorney General Xavier Becerra and Labor Commissioner Julie Su issued two documents for California employers regarding California’s Immigrant Worker Protection Act (“AB 450”). The first document, …

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California Increases General Contractor Wage and Benefit Exposure

February 5, 2018

Effective with respect to development and construction contracts entered into on January 1, 2018 or after, California has implemented new legislation aimed at subjecting construction contractors to potential liability for …

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A Primer on The Displaced Janitors Opportunity Act and the Property Service Workers Protection Act: Two Acts Protecting California-Based Janitorial Workers

January 24, 2018

California-based janitorial workers are entitled to certain rights under California law. Specifically, there are two important Acts designed to protect the rights of these workers: The Displaced Janitors Opportunity Act …

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Deadline to Submit Input on the Overtime Rule is Approaching

August 29, 2017

On July 25, 2017, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued a Request for Information (“RFI”) concerning the Obama-era overtime rule. The final overtime rule issued …

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Third Circuit Clarifies “Severe or Pervasive” Standard for Section 1981 Hostile Environment Claim; Single Racial Slur May Be Sufficient

August 29, 2017

On July 14, 2017, a panel of the U.S. Court of Appeals for the Third Circuit clarified the standard for hostile work environment harassment claims under 42 U.S.C. § 1981 …

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Employee Wellness Programs: EEOC Must Review its Rules on Incentives

August 29, 2017

On August 22, 2017, the U.S. District Court for the District of Columbia sided with AARP in its Administrative Procedure Act challenge to the U.S. Equal Employment Opportunity Commission’s (“EEOC”) …

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Proposed Enforcement Guidance on Unlawful Harassment

January 10, 2017

The U.S. Equal Employment Opportunity Commission (EEOC) has released Proposed Enforcement Guidance on Unlawful Harassment for public comment. The proposed guidance explains the legal standards applicable to harassment claims under …

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Pennsylvania Employers May Legally Pay Employees’ Wages via Payroll Debit Cards

December 27, 2016

By: Heather S. Heidelbaugh, Esq.  On November 4, 2016, Pennsylvania Governor Tom Wolf signed into law Senate Bill 1265 (the “Bill”), confirming that Pennsylvania employers may legally pay their employees’ …

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