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.

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

XpertHR

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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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Alexander MacDonald discusses a case in which the ACLU, sharp critic of arbitration, is arguing that individual arbitration plays a “fundamental role” in protecting labor rights.

The Federalist Society

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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”).

Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC,¹ that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond the transportation industry, the U.S. Court of Appeals for the Ninth Circuit addressed whether the exemption applies to “contracts of employment” between business entities. In Fli-Lo Falcon, LLC v.

On May 3, Governor Ron DeSantis signed into law SB 2006 (codified as Section 381.00316, Florida Statutes).  The law prevents business entities from requiring that patrons or customers provide documentation certifying COVID-19 vaccination or post-infection recovery to enter or obtain service from a business in Florida. It also prohibits educational institutions from requiring students or residents, and governmental entities from requiring persons, to provide vaccination passports or proof of post-infection recovery.

William H. Foster and Katie E. Towery examine the impact President Biden’s “America’s Jobs Plan” might have on South Carolina’s growing businesses and workforce. 

Association of Corporate Counsel South Carolina

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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.

In a joint “Dear Colleague” letter (DCL) released May 19, 2023, the U.S. Department of Education’s Office of Civil Rights teamed up with the U.S.

Jim Paretti says two U.S. Supreme Court rulings on discrimination law that changed how employers evaluate religious accommodation requests and ended affirmative action in higher education will affect employers for years to come.

Law360 Employment Authority

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The F-1 nonimmigrant visa status allows noncitizens to study in the United States at U.S. colleges and universities. F-1 students may be eligible for off-campus employment under the following programs: Curricular Practical Training; Optional Practical Training (OPT); and Science, Technology, Engineering, and Mathematics Optional Practical Training Extension (STEM OPT). General eligibility requirements for off-campus F-1 employment include that the training be related to the student’s area of study and be authorized by the Designated School Official and U.S.

UPDATE: On March 21, 2024, Ontario’s Bill 149 - Working for Workers Four Act, 2024 received Royal Assent. The amendments to the ESA made by Bill 149 came into force on the day it received Royal Assent, with the following exceptions:

On November 24, 2022, Bill 41 – 2022: Workers Compensation Amendment Act (No. 2), 2022 (Bill 41), which introduced changes to British Columbia’s Workers Compensation Act, received Royal Assent. Effective January 1, 2024, Bill 41 imposes certain duties on employers and employees following a workplace injury.

Felicia Watson said lawmakers should oppose a proposed OSHA rule to protect workers from extreme heat because it would force employers into the role of taking care of employees like children.

E&E News

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The advent of Health Care Reform has not lessened the importance of complying with existing Employee Retirement Income Security Act (ERISA) and Internal Revenue Code requirements for employer-provided group health plans, such as COBRA, which requires covered health plans to provide certain notices and the opportunity to elect continued coverage to covered persons (qualified beneficiaries) who would otherwise lose coverage because of certain "qualifying events" such as termination of employment, loss of dependent status, and others.

IRS Updated COBRA Audit Guidelines

New York is postponing its AI bias law’s effective date, and Eli Freedberg says there really was no way that companies could have gotten compliant in time because of all the uncertainty still surrounding the law.

Law360 Employment Authority

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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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(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:

Update: On August 2, 2024, Illinois Governor J.B. Pritzker signed SB 2979 into law, reforming the liability guidelines under the Illinois Biometric Information Privacy Act.

CHICAGO (April 11, 2024) – Today, the Illinois Senate passed SB 2979, which would reform the liability guidelines under the state’s Biometric Information Privacy Act (BIPA). The bill marks an important milestone in the broader effort to resolve BIPA’s vague statutory language and courts’ expansive interpretations of the law, which have posed a threat to businesses that capture biometric information.

The Illinois Department of Labor (IDOL) has just issued some much-needed guidance, through Frequently Asked Questions (FAQs), on whether enrollment and use of E-Verify is prohibited in Illinois for private employers that do not have federal contracts. The answer is NO.

A bill introducing a right to bereavement leave was submitted this summer in the Netherlands. The following is a brief outline of this proposal.   

Current Law

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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Shannon Meade talks about how the Biometric Information Privacy Act (BIPA) has affected employers in Illinois and how SB 2979 would update it and tweak its liability guidelines.

Law360

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Orly M. Henry calls a law to amend language addressing claim accrual in BIPA litigation long overdue and “a huge step in the right direction.”

Chicago Daily Law Bulletin

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Zoe M. Argento, Philip L. Gordon, Kwabena A. Appenteng, Orly Henry and Alyssa Daniels discuss the Biometric Amendment, an amendment to the Colorado Privacy Act that requires employers to obtain consent before collecting and using biometric information.

SHRM Online

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Zoe Argento talks about the new compliance requirements for employers under Colorado’s biometric privacy law.

Law Week Colorado

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On August 2, 2024, Illinois Governor J.B. Pritzker signed into law Senate Bill 2979 (the “Amendment”), implementing long-awaited, highly anticipated reform to the Illinois Biometric Information Privacy Act (BIPA). The Amendment is a milestone in the broader ongoing effort to resolve BIPA’s vague statutory language and courts’ expansive interpretations of the law, which have resulted in businesses across Illinois paying hundreds of millions of dollars to settle the 1,000+ BIPA class actions filed in state and federal courts to date.

Orly Henry says a recent BIPA amendment is an important change that will help protect businesses and help Illinois remain competitive in the global economy.

Law360

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The Senate recessed, leaving two nominees key to the partisan balance on the National Labor Relations Board in limbo, and Michael Lotito says it’s a sign that their confirmations are not guaranteed.

Law360

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Kelly M. Cardin provides insight about why New York City is expanding its sick leave law to let workers use it to care for pets and service animals.

Law360

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Jim Paretti says the actions the EEOC embarked on during the first Trump administration offer clear insights as to what to expect in the second go-round.

Law360

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Jim Paretti says DEI initiatives under a Republican administration will "be under a lot more scrutiny" and subject to tighter limits.

Law360 Employment Authority

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Michael Lotito says everything is on the table when it comes to changes the Trump administration will make in American labor.

Bloomberg Law

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