Marshall v. Mercantile Exchange Corporation, 2024 CanLII 71128  (ONSC), is an action for wrongful dismissal where the employee claimed he could not mitigate his damages by seeking alternative employment indefinitely because of a mental health condition (i.e., stress and depression) allegedly arising out of his termination. He claimed a 26-month notice period. The employer sought an independent medical examination (IME) of the employee pursuant to s.

Technology facilitates remote work in ways that, years ago, just were not possible. Take telecommuting. These days, all kinds of jobs that had to be performed at an employer site are now performed remotely. Some call center workers, for example, now work from home using home telephones — no brick-and-mortar call center needed. Some secretaries now telecommute using laptops and the internet. Some teachers now teach remotely using laptops and video links.

In mid-November, the UAE Cabinet approved a new Labour Law, Federal Law Number 33 of 2021 (the New Labour Law) which will come into force on 2 February 2022 and repeals Law Number 8 of 1980 (the Old Law), replacing it entirely. The New Labour Law consolidates many of the changes which have been introduced by the Ministry of Human Resources and Emiratisation (MHRE) through various regulations over the past five years and also introduces significant new changes, thus amounting to a radical overhaul of labour relations in the UAE.

The Wisconsin Fair Employment Act (WFEA) prohibits employers from discriminating against applicants and employees on the basis of their arrest and conviction records.¹  Generally, an employer cannot make decisions on the basis of an arrest or conviction record unless the crimes “substantially relate” to the circumstances of the job at issue.²  For many years, the state agencies responsible for enforcing this law—the Wisconsin Department of Workforce Development (DWD) and the Labor and Industry Review Commission (LIRC)—have taken the view that crimes of domestic violen

The City Council of Atlanta, Georgia recently passed an ordinance that amends its existing anti-discrimination law to include protection on the basis of “criminal history status” as well as “gender expression.”  The ordinance is effective immediately.

With regard to gender expression, the law simply amends existing law to include “gender expression” as an additional protected characteristic.

Rachel P. Kaercher, Wendy Buckingham and William J. Simmons examine a new ordinance passed by the Atlanta City Council that amends its existing anti-discrimination law to include protections on the basis of criminal history status and gender expression.

SHRM Online

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UPDATE: Governor Hochul signed this bill on November 16, 2023, which will take effect one year from signing.

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Michael Paglialonga and Stephen Fuchs discuss New York’s new Clean Slate Act, which will prohibit employers from inquiring about sealed records or discriminating against applicants or employees based on sealed records.

SHRM Online

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Companies that hire employees and engage independent contractors in California should brace themselves for an even greater slowdown in background checks that include criminal record searches in Los Angeles County.¹ This will result from the drastic impact of the court of appeal’s 2021 opinion in All of Us or None v.

Dear Littler: You alerted us to some wage & hour and leaves & benefits issues stemming from our “wandering workers” who have scattered across the country during the pandemic, yet continue to work for our Texas-based company.

The federal Internal Revenue Service (IRS) has announced that certain employers can claim federal tax credits when employees use emergency paid leave to accompany an individual to obtain a COVID-19 vaccination and/or to care for an individual recovering from an injury, disability, illness, or condition related to the vaccine.

In an opinion issued on June 20, 2023, the United States Court of Federal Claims reminded taxpayers that they must obtain a certificate of coverage in order to claim an exemption from Social Security and Medicare taxes (FICA) under a totalization agreement.

On June 15, 2023, Nevada Governor Joe Lombardo signed SB 290, which requires early wage access (EWA) providers to obtain a license from the Commissioner of Financial Institutions. This is the first EWA law enacted by any state. 

Early Wage Access Generally

Bradford J. Kelley and Maria Malaver-Reyes discuss how Loper Bright will impact federal and state administration of AI statutes, regulations and guidance.

Westlaw Today

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Bradford Kelley says the U.S. still lacks comprehensive AI legislation, but C-suite executives are taking note of a sharp rise in regulatory activity to address AI use in the workplace.

International Employment Lawyer

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Michael Lotito writes about unions and their allies’ attempts to sneak parts of the Protecting the Right to Organize (PRO) Act into the budget bill.

The Wall Street Journal

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On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting the dismissal of the grievor because she was ineligible to work under the order issued b

On May 12, 2022, the “Employee and Retiree Access to Justice Act” was introduced in the House of Representatives by Mark DeSaulnier (D-CA).  Senator Tina Smith (D-MN) introduced a companion bill in the Senate. The bill seeks to ban arbitration and discretionary clauses in employer-sponsored benefit plans governed by the Employee Retirement Income Security Act (ERISA).

Rhonda Levy, Adrian Jakibchuk, Barry Kuretzky and George Vassos comment on an arbitrator’s ruling that federal employers can count employees’ sick leave credits as paid medical leave days under the Canada Labour Code (CLC) if their own program provides “a more favourable benefit” to workers.

Human Resources Director Canada

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On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not apply—only relates to workers within the transportation industry. In Bissonnette v. LePage Bakeries Park St., LLC,¹ the Supreme Court unanimously held Section 1 of the FAA exempts classes of workers who are actively engaged in interstate transportation, even if the individuals are not employed by a company in the transportation industry (the “Transportation Exemption”).

Puerto Rico Governor Pedro R. Pierluisi recently issued back-to-back executive orders (EO) regarding COVID-19. It appears that the third EO was stuck in holiday traffic. This latest EO, like her sisters, amends November’s EO-2021-075 to curtail COVID-19 infections.

On April 29, 2024, The Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, announced that effective the fall semester 2024, international students holding a valid study permit will be permitted to work up to 24 hours per week off campus during the school term. The current policy permits international students to work up to only 20 hours per week off campus during the school term.

This change is designed to not only help students gain work experience and offset expenses, but also to address ongoing Canadian labour shortage needs.

On August 9, 2024, the NLRB denied Pardee RAND Graduate School’s (“RAND”) request for review of a regional director’s Decision and Direction of Election (DDE) finding that a petitioned-for unit of graduate policy researchers was an appropriate bargaining unit. The Board found that RAND’s request raised no substantial issue warranting review.

Grant Goerke and Jennifer Chierek Znosko discuss a recent federal court decision that agreed an Illinois employer had the right to enforce a zero-tolerance policy on marijuana use.

Westlaw Today

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Jim Paretti offers advice on the EEOC's latest warning about AI bias in hiring, which may prompt employers to conduct AI audits, either done internally or with independent third parties.

TechTarget

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(January 2, 2024) – Littler, the world’s largest employment and labor law practice representing management, is ringing in the new year with a new shareholder class. The firm elevated 26 attorneys to shareholder across its U.S., Mexico and Singapore offices, effective January 1, 2024.

NEW HAVEN, Conn. (January 4, 2024) – Littler, the world’s largest employment and labor law practice representing management, has appointed Paula Anthony as office managing shareholder (OMS) of the firm’s New Haven, Connecticut office, effective January 1, 2024. Anthony succeeds Lori Alexander who will be stepping down to continue to focus on her full-time litigation and advice practice.

PORTLAND, Ore. (January 9, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Lisa P. Shevlin as a shareholder in its Portland, Oregon office. Shevlin joins from Lewis Brisbois Bisgaard & Smith LLP with wide-ranging experience as an employment law advisor and litigator.

MIAMI (March 25, 2024) – Emily Selig, an associate in the Miami office of Littler, the world’s largest employment and labor law practice representing management, has been selected as a 2024 fellow for The Leadership Academy, a South Florida-based program dedicated to advancing women in the legal profession.

“On behalf of the firm, I congratulate Emily on her selection as a Leadership Academy fellow,” said Lori Brown, Miami office managing shareholder. “Emily is an incredible talent, and we are proud to have her represent Littler.”

(March 26, 2024) – Littler, the world’s largest employment and labor law practice representing management, has appointed new leadership for its Bollo affinity group. Shareholders Kimberly N. Dobson (Long Island) and Kimberly J. Duplechain (Washington, D.C.) will serve as co-chairs, succeeding Shareholders Eric Mack (Providence) and LaToi Mayo (Lexington). Bollo provides support, development and networking opportunities for attorneys who identify as Black, African American, African, and Caribbean, and their allies.

SAN DIEGO (April 1, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added John Nordlund as its newest shareholder in its San Diego office. Nordlund joins the firm from Jackson Lewis P.C.

(April 3, 2024) – Three attorneys from Littler, the world’s largest employment and labor law practice representing management, have been selected for the 2024 Leadership Council on Legal Diversity (LCLD) Fellows and Pathfinders programs. Shareholder Karimah J. Lamar (San Diego) will serve in the 2024 LCLD fellows class, and Associates Warsame Y.

MILWAUKEE (April 8, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added John D. (J.D.) Tripoli as a shareholder in its Milwaukee office. Tripoli joins from Eimer Stahl LLP and focuses his practice on employment-related litigation.

MIAMI (May 8, 2024) – Littler, the world’s largest employment and labor law practice representing management, has appointed D. Porpoise Evans as office managing shareholder (OMS) of the firm’s Miami office. Evans succeeds Lori Brown, who will fully shift her role to focus on her firmwide management and operational responsibilities.

PROVIDENCE, R.I. (May 20, 2024) – Littler, the world’s largest employment and labor law practice representing management, continues to expand its shareholder ranks with the addition of Gregory Tumolo in its Providence, Rhode Island office. He joins the firm from Lewis Brisbois Bisgaard & Smith, where he was co-chair of the Employment Advice and Counseling practice group. Tumolo’s arrival follows several recent additions at the shareholder level, including Stephen Shore (Toronto), John Tripoli (Milwaukee) and John Nordlund (San Diego).

SEATTLE (May 28, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Briana M. Swift as a shareholder in its Seattle office. She joins the firm from K&L Gates and focuses her practice on employee benefits and executive compensation. Swift is the sixth attorney to join Littler at the shareholder level since the beginning of April.

NEW YORK (May 28, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Kelly M. Cardin as a shareholder in its New York City office. Cardin – who joins the firm from Ogletree Deakins, where she was co-chair of the Pay Equity practice group – marks Littler’s fifth shareholder level addition since the beginning of April.