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The FDIC Proposes Revised Regulations Concerning Section 19 of the Federal Deposit Insurance Act to Conform to the Fair Hiring in Banking Act

  • The FDIC has proposed revised regulations implementing Section 19 of the Federal Deposit Insurance Act.
  • Section 19 generally prohibits individuals convicted of certain offenses from participating in the affairs of an FDIC-insured depository institution.
  • The rule would affect approximately 4,680 FDIC-insured depository institutions.
  • Comments to the rule are due by January 16, 2024.




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Background Checks in Banks, and Conflicts with Ban-the-Box Laws

Philip M. Berkowitz talks about background checks and “Ban-the-Box” laws that financial services organizations must comply with when hiring.

Global Banking & Finance Review

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New Pennsylvania Legislation and Philadelphia Ordinance Amendment Tackle Pardoned Convictions, Expunged Records, and Negligent Hiring Liability

Pennsylvania and Philadelphia recently enacted changes that impact employer criminal background screening.

State Law

Enacted on December 14, 2023, and effective February 12, 2024, Pennsylvania’s House Bill No. 689 amends Pennsylvania law relating to the expungement of certain criminal record information and employer immunity when hiring individuals with expunged records. 




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Continuing Privacy Headache for Ordering Criminal Background Checks in California

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.




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California Court of Appeal Thwarts Efforts to Conceal Important Driving History Information from Employers

Employers with operations in California are all too familiar with how state and local officials continue to restrict the access employers have to public records, including criminal history information.1 For example, lengthy delays in completing standard criminal background checks are now routine in California.2 Apart from criminal background checks, many employers rely on motor vehicle record checks (MVRs) to vet candidates for positions that require driving as part of the job.  In Doe v. California Dept.




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The Massachusetts PFML: 2025 Contribution Rates and Benefit Amounts

The Massachusetts Department of Family and Medical Leave (Department) just announced the 2025 weekly benefit amount and contribution rates for both employers and employees under the state’s Paid Family and Medical Leave benefit program, which is funded through a payroll tax.




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Minding Wage and Hour Laws in Your Drycleaning Business (Conclusion)

Bradford Kelley and Mike Paglialonga explain the basics of wage and hour laws and why it’s critical for business owners to ensure their business complies with federal, state and local laws and regulations.

American Drycleaner

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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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4 W&H Bills to Watch for in the Second Half of 2021

Libby Henninger weighs in on several wage and hour bills that will be prevalent in the next six months.

Law360 Employment Authority

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Congressional Democrats Want to Weaponize Federal Labor Law

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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Supreme Court of Puerto Rico Validates Implicit Consent for Arbitration Agreements in the Employment Context

In Aponte Valentín v. Pfizer Pharmaceuticals, CC-2018-748,1 the Puerto Rico Supreme Court reinforced the strong public policy favoring arbitration agreements in Puerto Rico, validating continued employment as implicit consent for such agreements.




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Congress Passes Bipartisan Arbitration Limitation

Update: This bill was signed into law on March 3, 2022.




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Congress Considers Banning Discretionary Clauses in ERISA Plans

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).




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Ontario, Canada Human Rights Tribunal Finds it Has Concurrent Jurisdiction with Labour Arbitrators to Decide Human Rights Claims in Unionized Workplaces

The Human Rights Tribunal of Ontario recently held a preliminary hearing to determine whether allegations made under the Human Rights Code (Code) fell within the exclusive jurisdiction of a labour arbitrator, or whether the Tribunal had concurrent jurisdiction over employment-related human rights matters in a unionized workplace.  




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What's Contributing to the Decline in SF Superior Civil Filings?

Theodora Lee said overall case filings in the San Francisco state trial court have been down significantly compared to pre-pandemic levels, but she’s seeing an uptick in labor and employment law cases.

The Recorder

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Ninth Circuit: “Transportation Exemption” Does Not Apply to Arbitration Clauses Between Corporate Entities or in Commercial Contracts

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.




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U.S. Supreme Court Strikes Down Race-Conscious Admissions – What Does it Mean for Employers?

  • On June 29, 2023, the U.S. Supreme Court found that Harvard’s and UNC’s race-conscious admissions practices are unconstitutional.




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Congress Debates over NLRB’s Classification of Student Athletes as Employees

Tyler A. Sims disagrees with a National Labor Relations Board (NLRB) regional director’s ruling that men’s college basketball players at Dartmouth College are employees for National Labor Relations Act (NLRA) purposes.

SHRM Online

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Pay to Play? Third Circuit Holds NCAA Athletes Can Be Considered Employees

  • The Third Circuit in Johnson v. NCAA ruled that athletes at NCAA Division I schools may be considered employees under the Fair Labor Standards Act.
  • The Johnson decision creates a circuit split that could lead the United States Supreme Court to resolve this issue.
  • Colleges and universities could face substantial back pay claims from current and former college athletes based on Johnson.




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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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Supreme Court of Canada Confirms “Owners” of Construction Projects Are “Employers” Under OHSA

  • Supreme Court of Canada lets stand decision finding an “owner” of a construction project can be considered an “employer” within the meaning of the Occupational Health and Safety Act (OHSA).
  • This decision has significant implications for the construction sector, as a project owner can now be liable for OHSA violations of its contractor, subject to a due diligence defence.  




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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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Connecticut Employers Can Terminate Employees Impaired by Medical Marijuana While Working; Appellate Court Also Provides Guidance for Reasonable Suspicion Drug Tests

In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual basis an employer must possess to justify ordering a drug test based on suspicion of impairment.




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Phoenix City Council Requires Heat Safety Plans from City Contractors

On March 26, 2024, the Phoenix (Arizona) City Council unanimously passed an ordinance requiring all city contractors and subcontractors to develop and maintain a written heat safety plan to prevent heat-related illnesses and injuries in the workplace. Outdoor workers in Phoenix may be susceptible to heat-related illness and injury due to the extreme Arizona temperatures.




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What Artificial Intelligence Means for the Construction Workplace

James McGehee and Bradford Kelley provide insight into the potential impact of AI on the construction industry. 

For Construction Pros

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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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Ontario, Canada Court Affirms City Lacked Control of Workplace and Exercised Due Diligence, Upholding Acquittal of OHSA Charges

In R. v. Greater Sudbury (City), 2024 ONSC 3959, the Ontario Superior Court of Justice (OSCJ) dismissed an appeal of the trial judge’s decision in which she acquitted the City of Sudbury (City) of various charges under the Occupational Health and Safety Act (OHSA).




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Considerations for Compliance with FTC Noncompete Rule




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The Presidential Elections and the Immigration Consequences




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Return-to-Office Policies: Key Employer Considerations




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U.S. Department of Labor Targets Connecticut and Rhode Island Construction Industry Employers

Connecticut and Rhode Island construction industry employers are facing a significant increase in government scrutiny of their labor and employment practices over the next several years. On November 30, 2011, the Hartford office of the U.S Department of Labor's Wage and Hour Division ("U.S. DOL") issued a press release announcing a "multiyear enforcement initiative" aimed at improving what it sees as "widespread noncompliance with minimum wage, overtime and record-keeping provisions of the Fair Labor Standards Act" in the construction industry in both Connecticut and Rhode Island.




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New Case Provides Lessons That May Help Companies Avoid Pitfalls When Structuring Independent Contractor Relationships

The district court's opinion denying cross-motions for summary judgment in Bobbitt v. Broadband Interactive, Inc., No. 8:11-cv-2855 (M.D. Fla. Oct. 21, 2013) illustrates how not to structure an independent contractor relationship and how not to lay the groundwork to defend that relationship in the event of litigation.  The case also serves as a warning that even well-conceived independent contractor relationships may be open to question by a court that is inclined to distrust them.

Background




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




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Connecticut Addresses E-Cigarettes and Vapor Products, Imposes Signage Requirements on Select Employers

Connecticut has passed a new law regulating electronic nicotine delivery systems and vapor products in various venues, including numerous places of employment.  Effective October 1, 2015, Public Act No. 15 206 (the Act) supersedes and preempts any relevant provisions of municipal laws or ordinances regarding the use of these products. 

The Law

The Act prohibits the use of electronic nicotine delivery systems and vapor products in:

1. buildings owned or leased and operated by the state or its political subdivisions,




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2017 Florida Employer Conference




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Federal Contractor Affirmative Action: Are You Up to Date?




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The Labor Dept. Wants to Revise a Trump-Era Policy on Handling of Discrimination Claims Against Contractors

David Goldstein talks about some differences as the Labor Department proposes changes to a Trump-era rule that it says “undermined” how it handles and resolves discrimination claims by federal contractors.

Government Executive

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#MeToo: New York State Court Allows Actor’s Claims Against Entertainment Companies to Proceed Based on Alleged Conduct in 1995 by Weinstein

A New York state judge has denied motions to dismiss actor Julia Ormond's claims against a film company, its parent company, and a talent agency based on conduct by film producer Harvey Weinstein, who Ormond alleges assaulted her in December 1995 in her Manhattan apartment. In her lawsuit, Ormond alleges that these entities knew about Harvey Weinstein's predatory behavior before he sexually assaulted her in 1995 and failed to protect her. The ruling allows the case to proceed, highlighting the potential scope of liability of these companies.




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Littler Receives 15th Consecutive Perfect Score in the Human Rights Campaign Foundation's 2023-2024 Corporate Equality Index

(December 1, 2023) – Littler, the world’s largest employment and labor law practice representing management, earned the top score of 100 on the Human Rights Campaign Foundation’s 2023-2024 Corporate Equality Index (CEI) for the 15th consecutive year. The firm joins the ranks of 545 major U.S. businesses who also earned top marks in this year’s benchmarking survey and report, which measures corporate policies and practices related to LGBTQ+ workplace equality.




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Littler’s Tyler Sims Testifies Before Congress on Effects of Student-Athletes’ Employment Status, Unionization Efforts

WASHINGTON, D.C. (March 12, 2024) – Littler shareholder Tyler A. Sims testified today before the U.S. House of Representatives Committee on Education and the Workforce at a joint hearing of the Subcommittee on Higher Education and Workforce Development and the Subcommittee on Health, Employment, Labor, and Pensions on “Safeguarding Student-Athletes from NLRB Misclassification.”




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Littler Continues Hiring Streak with Addition of Shareholder Kelly Cardin in New York City

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.




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Littler Continues Toronto Growth with the Addition of Shana French as Partner

New arrival comes as Stephen Shore is appointed Littler’s Toronto Office Managing Partner

TORONTO (June 3, 2024) – Littler, the world’s largest employment and labour law practice representing management, has added Shana French as a partner in its Toronto office. Her arrival comes as Stephen Shore, who joined Littler in April, is named Office Managing Partner in Toronto. French joins from Sherrard Kuzz and marks Littler’s seventh partner level addition since the beginning of April.




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Littler Continues Robust Canadian Expansion with Five New Additions to Toronto Office

New Additions Follow Arrival of Three Partners in Recent Months




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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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Australia Aims to Give Employees the Right to Disconnect

Australia’s Senate on Thursday, February 8, 2024, passed a bill that would prevent an employer from contacting employees outside of work hours. The bill gives the employee the right to refuse to monitor, read or respond to contact, or attempted contact, from an employer outside of the employee’s working hours without fear of being penalized, unless the employee’s refusal is unreasonable.




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Brazil Data Protection Law – Litigation in the Context of Employment

  • Employers operating in Brazil will likely see an uptick in litigation involving claims filed under the country’s Data Protection Law (LGPD).
  • The Brazilian National Data Protection Agency, the entity charged with enforcing the LGPD, recently issued new guidance on this law.

The Brazilian Data Protection Law (LGPD) in effect since 2020 is starting to show its effects in the litigation landscape.




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Legal-Ease: Your Lawyer as Your Business Consultant – A Labor & Employment Perspective

Kristy Peters discusses how employment law attorneys can be critical partners for employers to help them identify challenges and opportunities for their business.

InBusiness Phoenix

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Court Thwarts Efforts to Conceal Driving History Information from Employers

Rod M. Fliegel and Cirrus Jahangiri discuss what a recent court of appeal decision means for employers in California, who are often restricted from access to employees’ public records, including criminal history information.

SHRM Online

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New Colorado Law Protects Consumer Biological and Neural Data

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

Law Week Colorado

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