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How ‘Ban-the-Box’ Ordinances Complicate Hiring at Hotels

Beginning Jan. 22, Los Angeles enacted the Fair Chance Ordinance, a so-called “ban-the-box” law that prevents employers from investigating the criminal histories of potential employees before submitting a conditional offer of employment. The goal of the law is to evaluate potential employees without acknowledging criminal history, but it also complicates the employment process. Michelle Sumner, ...
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The Future of Noncompetition Agreements in Massachusetts and Beyond

The landscape of employee noncompetition agreements is in flux: most states allow such agreements and many states have enacted legislation that governs them. In Massachusetts, the legislature has considered proposed noncompete bills in each of the past eight years, but has yet to enact any such legislation. On January 20, 2017, a new noncompete bill ...
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Supreme Court Agrees To Wade Into Class Action Waiver Conflict

In a widely expected move, the U.S. Supreme Court just agreed to settle a dispute about whether employers can use mandatory class action waivers with their workers. The decision, which should be issued by June 2017, will provide clarity to a topic that has become increasingly muddled over the past year. Employers will spend the ...
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Where Does Hotel Industry Joint Employment Liability End?

A big issue facing hotel owners is who is the employer—is it the owner or the manager, the franchisor or the franchisee, the client or the contractor? Who has the liability for employment claims? Many hotel owners today are real estate investment trusts, private funds, insurance companies and other institutional owners, which muddies dividing lines, ...
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Establishing “Workweeks” For Exempt Employees

We have written previously about how important the “workweek” concept is in complying with the federal Fair Labor Standards Act’s minimum-wage and overtime requirements. An FLSA workweek is a fixed, regularly-recurring period of seven, consecutive, 24-hour periods that management expressly adopts for FLSA purposes.  Employers must select and document at least one such workweek (or ...
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Anticipating Trump’s Impact on Labor Relations in the Hotel Industry

Unlike his oval office predecessor, President-elect Donald Trump is expected to limit federal labor and employment agency activism in wage and hour and other employment-related matters. Hotel owners and franchisors, which in recent months have experienced numerous workforce-related challenges, are likely to witness significant labor and employment policy shifts, a few of which are detailed ...
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FLSA Exemption Changes and the Election

Many employers are wondering whether Donald Trump’s election means that they may now forget about the coming [exemption] changes in the federal Fair Labor Standards Act’s “white collar” definitions. The answer is clear:  The election results do not suspend or reverse those changes. The Countdown Continues By their own terms, the new regulations are scheduled ...
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White House Pushes for Ban on Non-Competes

The enforceability of employee restrictions on competition has traditionally been up the states, with some, like California, largely banning such agreements, while others, like Texas, allowing them with reasonable limitations. On Tuesday, October 25, the White House took the unprecedented step of calling on state legislatures to ban non-competes […]. A news report on the ...
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Medical Marijuana and the Workplace

Dazed and Confused: How Upcoming Ballot Measures and Cases of Interest Continue to Change the Legal Landscape around Marijuana California’s Compassionate Use Act (CUA) of 1996 decriminalized the use of marijuana for medicinal purposes. However, it did not legalize marijuana. It only shields medical users and caregivers from criminal liability. Recently, Governor Brown signed into ...
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