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U.S. Department of Labor Issued Final Rule to Protect Privacy of Workers

Published by on May 20, 2019

On January 24, 2019, the DOL’s Occupational Safety and Health Administration issued a final rule that eliminated previous employer reporting requirements to safeguard worker privacy and promote administrative efficiency.

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Employers Cannot Wait Until After Paid Leave Has Been Exhausted To Start FMLA Leave

Published by and on May 17, 2019

The U.S. Department of Labor (DOL) released an opinion letter stating that leave pursuant to the Family and Medical Leave Act (FMLA) must start as soon as an employer is aware the leave is for an FMLA-qualifying reason.

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Court Upholds Pennsylvania Employer’s Termination Of Plaintiff For Using Marijuana For Alleged Medical Purposes

Published by and on May 15, 2019

As more states legalize medical and recreational marijuana, courts continue to struggle with the issue of how medical marijuana–which is still illegal under federal law–should be treated under federal employment laws, such as the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA).

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First Circuit Establishes Pleading Standard for FCA Whistleblower Retaliation Claims

Published by and on April 25, 2019

In January, the First Circuit ruled that a plaintiff sufficiently alleges protected activity under the FCA whistleblower protection provision where he or she claims to have reported concerns about an employer’s conduct that could reasonably lead to a viable FCA action.

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Under “Reporting Time Pay” Law, California Employees Are Entitled to Pay Even If Told Not To Come To Work

Published by and on April 18, 2019

A California Court of Appeals holds that California employers with on-call polices are required to pay a minimum of two-hours reporting time pay, even if employees are told they are not required to come into work.

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