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Each month, College and University Professional Association for Human Resources (CUPA-HR) General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Read on for the latest from Ira.
On Wednesday, November 13, 2024, the National Labor Relations Board (NLRB) ruled that an employer may no longer require employees to attend meetings in which the employer expresses its views on unionization. The 3-1 decision overturned more than 75 years of labor law precedent that allowed companies...
Esports and the Law is a quarterly publication featuring news, case summaries, articles and strategies concerning esports and the law. This issue features the following articles: Unpacking Employment Classifications: Insights for Esports Players from the Beast Games Lawsuit by Chris Klein Esports...
When crafting an individual estate plan, you should consider whether a Revocable Trust is right for you. Below is an analysis of an artificial fact pattern and the estate plan I would recommend based on that fact pattern. For a more concise and technical explanation of the benefits of a Revocable...
The number of states enacting pay transparency laws increased by one on November 18, 2024, when New Jersey Governor Phil Murphy signed into law a pay transparency act (P.L.2024, c.91) that requires covered employers to disclose wage or salary information and a description of benefits in job postings...
Today, a federal court in the Eastern District of Texas vacated the Department of Labor’s (“DOL”) April 2024 Final Rule (the “Rule”) that would have raised the minimum salary level at which executive, administrative, professional and highly compensated employees can be classified as exempt from...
The Maryland Department of Labor (“MDOL”) recently issued guidance to address the Maryland Wage Range Transparency law (the “Wage Transparency Act”) and the Pay Stub and Pay Statement law (“Pay Stub Act”) that went into effect October 1, 2024. Wage Transparency Act According to the MDOL, employers...
On Oct. 16, the New York Department of Financial Services issued guidance and strategies for addressing cybersecurity risks arising from advancements in artificial intelligence. While AI technology has, in many cases, positively affected businesses, it has also opened the door to a myriad of...
In May 2022, a jury in the Circuit Court for Fairfax County, Virginia awarded Appian Corp. (apian) in excess of $2 billion in damages from Pegasystems, Inc. (Pegasystems) for misappropriating Appian’s trade secrets in violation of the Virginia Uniform Trade Secrets Act (VUTSA). This award was the...
The legal cannabis landscape has rapidly evolved, particularly in states like Delaware, which legalized medical marijuana in 2011 and recreational use in 2023. However, the complexities of cannabis law become more pronounced in the context of bankruptcy.
When creating trusts for estate-reduction purposes, nothing compares to the Intentionally Defective Grantor Trust. This type of trust is referred to by the acronym “IDGT.” Called by some as an I-D-G-T and others a word that rhymes with “digit,” the IDGT is an excellent tool for reducing the value of...
Account changes by a loved one are often done in secret, and direct evidence of undue influence is rarely available. In cases where manipulation has led to changes in a beneficiary designation that have caused you harm, the claim typically hinges on whether there was a confidential relationship...
Last month, in DraftKings Inc. v. Hermalyn, the First Circuit Court of Appeals issued a decision concerning the application of California’s non-compete ban to agreements formed outside the state. Broadly, the decision indicates that California’s ban on non-competes does not apply where the non...
On September 4, 2024, New York Governor Kathy Hochul signed the Retail Worker Safety Act (Labor Law §27-e), which requires certain employers to adopt a workplace violence prevention policy and implement annual training, and further mandates that large retail employers install panic buttons in the...
California recently enacted two laws that expand the scope of discrimination claims and prohibit retaliation against employees for failing to participate in employer-sponsored meetings regarding religious or political matters. Both laws will take effect on January 1, 2025. On September 27, 2024...
In 2022, The Kroger Co., one of the largest grocery retailers in the U.S., announced its intention to merge with rival Albertsons Cos. Inc. in a $24.6 billion deal. Kroger and Albertsons claim that the merger will lower consumer prices and improve efficiency while creating a combined entity better...