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Maryland WARN Act Does Not Provide a Private Right of Action to Terminated Workers

Kerry E. Notestine, Chad J. Kaldor, Shawn Matthew Clark and Garrick D. Josephs compare and contrast the Maryland WARN Act and its federal counterpart, the Worker Adjustment and Retraining Notification (WARN) Act.

SHRM

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California Eliminates Employers' Ability to Require Employees to Use Vacation Before They Receive State Paid Family Leave Benefits

Adam Fiss and Sebastian Chilco review updates to California’s paid leave law.

Wolters Kluwer

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Politics In California Workplaces: What Employers Must Know

Bradford Kelley and Britney Torres predict politics in the workplace will remain an issue beyond the election and so California employers need a long-term plan measures for issues that include voter intimidation and discrimination and employees taking time off to vote.

Law360

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DOD imposes new requirements for employers participating in SkillBridge military internship program

Bradford J. Kelley and James A. McGehee discuss mandates for employers involved in the SkillBridge internship program, which provides military members with civilian work experience.

Westlaw Today

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California Eliminates Employers’ Ability to Require Vacation Use Before Receipt of State Paid Family Leave Benefits

Adam Joshua Fiss and Sebastian Chilco discuss a new California law that will eliminate employers’ ability to require employees to use up to two weeks of company-provided vacation before they start receiving paid family leave benefits.

SHRM

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California Limits Employers’ Discretion to Insist on a Driver’s License

Rod M. Fliegel discusses California legislation that further amends the Fair Employment and Housing Act to prohibit discrimination in the hiring process based on the applicant’s lack of a driver’s license.

SHRM

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Write It Down: California’s Freelance Worker Protection Act Imposes New Requirements for Engaging Independent Contractors

Following other states and cities across the nation, California Governor Gavin Newsom signed Senate Bill 988, the Freelance Worker Protection Act (FWPA), into law on September 28, 2024. This new law aims to provide greater protections to freelance workers (e.g., “independent contractors”).




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Maryland WARN Act does not provide a private right of action to terminated workers

Kerry Notestine, Chad Kaldor, Shawn Matthew Clark and Garrick Josephs discuss the Maryland WARN Act and compares and contrasts it with its federal counterpart, the Worker Adjustment and Retraining Notification (WARN) Act.

Wolters Kluwer

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This Legal Change Could "Severely Disrupt" Franchising. Learn About the PRO Act's Joint-Employer Standard

Michael Lotito offers insight on the Protecting the Right to Organize Act (or PRO Act), which includes a change to a standard known as “joint employer.”

Entrepreneur

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British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

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




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What We Learned from Whistleblowers and Their Complaints in 2022 and What to Watch Out for in 2023




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Ninth Circuit Eliminates Obstacles to Enforcement of Employment Arbitration Agreements in California

  • Ninth Circuit holds the Federal Arbitration Act (FAA) preempts AB 51, which attempted to prohibit employers from requiring employees to waive, as a condition of employment, the right to litigate claims under the FEHA and the California Labor Code.
  • Arbitration agreements are on an equal footing as other contracts and will be analyzed in the Ninth Circuit in accordance with FAA principles of “equal protection treatment.”




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Ontario, Canada Arbitrator Finds Employer Did Not Violate Collective Agreements by Not Recognizing National Day of Mourning as a Paid Holiday

  • Arbitrator dismissed four union grievances alleging National Day of Mourning should have been a paid holiday.
  • It is not enough for a day to be referred to as a “holiday” by a governmental entity to be deemed as such for collective agreement purposes; a legislative process culminating in the proclamation of the day as a “holiday” is required.




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U.S. Immigration Laws and the Peril of Using the United States as a Venue for International Arbitration Proceedings

Angel Valverde presents issues for development of international arbitration in the U.S., as there are no visas that specifically allow a foreign national to be employed as an arbitrator, attorney or expert witness in an arbitration proceeding.

International Law Quarterly

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California Supreme Court Holds Plaintiffs with Arbitration Agreements Retain Standing to Pursue Non-Individual PAGA Claims in Court

  • The California Supreme Court determined that plaintiffs seeking civil penalties under California’s Private Attorneys General Act (PAGA) retain standing to pursue representative PAGA claims on behalf of other alleged aggrieved employees in court despite being bound to arbitrate their individual PAGA claims.




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    California Appellate Court Decision Limits Power of Arbitrators to Cure Late Arbitration Payments

    On June 28, 2023, the California Second District Court of Appeal issued a decision interpreting the scope of California Code of Civil Procedure section 1281.98(a)(1), a recently amended California statute that requires employers to pay all arbitration costs and fees within 30 days of the due date, or risk being in material breach of the arbitration agreement.  In Cvejic v. Skyview Capital, the court held that an arbitrator cannot cure a missed or late arbitration fee payment.




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    Calling all California Employers! The Latest Employment Laws from the Golden State

    California’s legislature covered a wide array of labor and employment law topics this legislative session. The laws discussed below were signed into law by Governor Newsom and will become effective on January 1, 2024 unless otherwise noted.  This Insight includes highlights of new laws affecting employers and is not intended to cover every new state and local law that was enacted this session.

    Employers should begin reviewing these requirements to help ensure compliance with these new laws. Time to update those Employee Handbooks and train the management team!




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    California's Mandatory Arbitration Ban Is Permanently Halted

    Alexander MacDonald explains when California employers’ employment agreements are subject to state law and AB 51 may apply. 

    XpertHR

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    Florida’s Governor Signs Bill to Defund DEI Initiatives at Colleges

    Governor Ron DeSantis has signed Senate Bill (SB) 266, officially prohibiting the state’s public colleges and universities from spending state or federal money on programs or campus activities that advocate for Diversity, Equity, and Inclusion (DEI).  The legislation aims to replace “niche subjects” like Critical Race Theory (CRT) and gender studies with “more employable majors,” according to the governor.  The law would also restrict public colleges from providing initiatives like anti-bias, DEI, and cultural competence training for educators, staff members, and students.




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    USCIS Updates Policy Guidance for International Students

    The U.S. Citizenship and Immigration Services (USCIS) recently updated guidance in its policy manual regarding international students within F and M student classifications. This new guidance consolidates and provides greater clarity on existing policy for international students.




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    House Republicans Warn Against College Athlete Unions

    While testifying at a congressional hearing, Tyler A. Sims said the potential consequences of unionizing could be damaging for athletes.

    Inside Higher Ed

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    Dartmouth basketball vote shows unionization ‘can happen anywhere,’ attorney says

    Tyler Sims discusses the potential wage-and-hour implications of Dartmouth College’s men’s basketball team voting to form what may become the NCAA’s first-ever athlete labor union.

    HR Dive

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    State Legislation to Curb Workplace Violence Raises Compliance Concerns

    Alka Ramchandani-Raj talks about California’s SB 553, which represents the nation's first general industry workplace violence prevention safety requirements for employers.

    State Net Capitol Journal

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    New regulation raises compliance concerns for large employers

    Janell Ahnert discusses OSHA’s expanded electronic recordkeeping rule and how it may change OSHA inspections going forward.

    Birmingham Business Journal

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    California Indoor Worker Heat Rule’s Revival Too Late for Summer

    Alka Ramchandani-Raj talks about the revised Cal/OSHA rule on indoor heat standards that would apply to all industries.

    Bloomberg Law

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    California’s Indoor Heat Illness Prevention Regulation Takes Immediate Effect

    • California’s indoor heat illness regulation, the first of its kind in the United States, is now in effect.
    • New requirements apply to all indoor work areas where the temperature is 82° F or above, with few exceptions. Additional requirements apply for higher temperatures.
    • California employers with any work settings that are covered by the new regulation should immediately develop indoor heat illness plans and provide training to their employees.




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    House Subcommittee Hearing Raises Concerns About Proposed Heat Illness Rule

    Felicia Watson discusses three concerns about a proposed OSHA rule that would protect indoor and outdoor workers from heat illness.

    SHRM

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    Business Concerns Loom Over California’s Indoor Worker Heat Rule

    Alka Ramchandani-Raj discusses California’s new indoor and outdoor heat rule for employees and the ambiguity surrounding how the rule will be enforced.

    Bloomberg Law

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    California’s New Indoor Heat Illness Prevention Regulation Is Already in Effect




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    Annual California Legislative Employment Law Update




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    Return-to-Office Policies: Key Employer Considerations




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    Confidentiality and Attorney-Client Privilege Issues When Conducting Internal Investigations and Audits




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    California Restricts Employer’s Ability to Make Decisions Based on an Individual’s Criminal History




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    Love Your Lawyer: Littler Lawyers Answer Your Most Burning Labor and Employment Questions




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    Risks in Internal Audits of Compliance Policies

    In this edition of his Employment Issues column, Philip Berkowitz writes that if you are internal counsel or a human resources executive, your compliance department may want to review not only policies, but also backup data.

    By Philip Berkowitz | July 7, 2021




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    Vaccines and Returning to Work: How the Pandemic Is Changing ADA Workplace Accommodations - Utah Edition




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    Littler Attorneys Named in 2024 Best Lawyers™ for Colombia, Portugal, Puerto Rico and Spain

    (November 16, 2023) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that attorneys in its Colombia, Portugal, Puerto Rico and Spain offices have been recognized in the 2024 edition of Best Lawyers®.

    The individual attorneys that were recognized include the following:




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    Littler Attorneys Named to 2024 Best Lawyers™ List in Mexico

    MEXICO (December 7, 2023) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that attorneys in its Mexico offices have been recognized in the 2024 edition of Best Lawyers®.

    The individual attorneys that were acknowledged include:




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    Littler Elevates 26 Attorneys to Shareholder to Kick Off the New Year

    (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.




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    Three Littler Attorneys Selected for 2024 Leadership Council on Legal Diversity Programs

    (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.




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    Littler Attorney Bruce Buchanan Publishes 2024 Edition of The I-9 and E-Verify Handbook

    NASHVILLE, Tenn. (June 4, 2024) – Bruce Buchanan, an attorney in the Nashville office of Littler, the world’s largest employment and labor law practice representing management, has published the 2024 edition of The I-9 and E-Verify Handbook, along with co-author Greg Siskind of Siskind Susser, PC.




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    Littler Attorneys in Four European Countries Recognized in the 2025 Editions of Best Lawyers™

    (June 21, 2024) – Littler, the world’s largest employment and labor law practice representing management, and its attorneys have been featured in the 2025 editions of Best Lawyers® in France, Germany, Italy and the United Kingdom.

    The individual attorneys that were listed include the following:




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    More Than 240 Littler Attorneys Recognized in 2025 Editions of Best Lawyers in America® and Best Lawyers: Ones To Watch® in America

    (August 15, 2024) – More than 240 lawyers  from Littler, the world’s largest employment and labor law practice representing management, have been included in the 31st edition of The Best Lawyers in America® guide.




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    Leading Business Coalition Urges Supreme Court Review in Key Case on Government-Forced Union Representation

    Littler’s Workplace Policy Institute files brief for the Coalition for a Democratic Workplace urging court to grant review of Goldstein v. Professional Staff Congress and reaffirm Constitutional protections against compulsory union representation




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    Write it down: California's Freelance Worker Protection Act imposes new requirements for engaging independent contractors

    Joy C. Rosenquist, Rick Reyes and Blair C. Senesi examine California’s new Freelance Worker Protection Act (FWPA), which aims to provide greater protections to freelance workers.

    Wolters Kluwer

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    The Board and the Modern Labor Movement

    Brendan Fitzgerald explains why directors must understand their company's workforce risks and devise strategies to minimize potential business disruptions.

    Directors & Boards

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    New amendments to California bill clarify scope of prohibition on junk fees for restaurant industry

    Stacey James and Jamie L. Santos discuss a California amendment that seeks to allow restaurants to support higher wages and benefits while clearly disclosing service fees to consumers upfront.

    Wolters Kluwer

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    Time for Employers to Complete California Privacy Rights Act Compliance as Court of Appeal Lifts Injunction on Enforcement

    • The California Court of Appeal’s decision on February 9, 2024 immediately restores the California Privacy Protection Agency’s enforcement power.
    • The decision impacts finalized regulations – which are no longer subject to enforcement delay. 
    • Upcoming and pending regulations are unlikely to face enforcement delay once finalized.




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    California’s SB 1047 establishes stringent requirements for large-scale AI models

    Niloy Ray and Alice H. Wang say California’s Senate Bill 1047 represents another significant step forward in the state’s wide-ranging efforts to regulate the development and use of AI.

    Daily Journal

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    Saskatchewan firms must soon warn of history of violence

    Stephen Shore discusses a new law in Saskatchewan, Canada, that requires employers to create workplace violence prevention programs and inform employees about other workers who have a history of violent behavior.

    International Employment Lawyer

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