In a recent case issued by the Supreme Court of Puerto Rico (“the Court”), the Court addressed the standard and level of proof that must be presented by employers when raising as an affirmative defense a corporate reorganization. In Segarra Rivera vs. International Shipping Agency, 2022 T.S.P.R. 33, 208 D.P.R. ____ (Mar.

In RAV Truck & Trailer Repairs, Inc., 372 NLRB No. 25 (Dec. 14, 2022), the National Labor Relations Board (NLRB) issued a supplemental decision in a case that will have implications for employers seeking to close shop, especially those operating in multiple locations.

In Pham v.

Javier Thibault weighs in on the Spanish parliament’s recent labor reform agreement and its effects on the recovery and the labor market. 

Confilegal

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While significant bills impacting Connecticut employers were signed into law, proposed employer mandates on pay transparency, paid sick leave, and predictive scheduling failed to gain the necessary votes for passage in 2023. Here are some of the year’s notable legislative developments.

What Passed . . .

Effective October 1, 2023, unless otherwise noted:

The First Special Session of the 131^st Maine Legislature included debate about more than 2,000 bills. Many that were adopted will impact employers in the Pine Tree State. Below is a brief summary of important employment law changes enacted this session. 

An Act to Create the Maine Paid Family and Medical Leave Benefits Program

The budget signed by Maine Governor Janet Mills on July 11, 2023, included funding for one of the broadest and most generous paid family and medical leave programs in the country.

Sara Olabarría explains how courts determine whether stress is the cause of a work accident. 

El País

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The Colorado Court of Appeals recently decided an issue of first impression regarding the Employee Retirement Income Security Act’s (ERISA) preemptive power over Colorado’s divorce-revocation statute. The decision in Ragan v. Ragan, 2021 COA 75, settled an open question in Colorado regarding whether ERISA preempts “post-distribution” lawsuits under Colorado’s divorce-revocation statute. Specifically, the court held that ERISA preempts lawsuits against a former spouse to recover plan benefits that were distributed to the former spouse as the named beneficiary.

On January 27, 2022, in New York State Teamsters Conference Pension and Retirement Fund v. C&S Wholesale Grocers, Inc., the Second Circuit joined the Third, Seventh, and Ninth Circuits in applying the doctrine of successor liability to claims for withdrawal liability under the Employee Retirement Income Security Act (ERISA). The court did not, however, find successor liability in this case because the acquiring company specifically did not acquire the facility or employees that triggered the liability.

This podcast episode is dedicated to unraveling the complexities of filing an H-1B petition and remaining compliant following an approval.

The H-1B visa program is known for its competitiveness, intricate regulations, and fact-specific nature. Whether you're an employer looking to hire and maintain foreign talent or an H-1B applicant, our podcast explores the common pitfalls and crucial considerations you need to be aware of regarding the H-1B process.

In our final Pro Bono Week podcast, Jenny Schwendemann discusses homelessness, one of the most significant humanitarian challenges many Americans face today, with Director of Ending Youth Homelessness, Katie Meyer Scott, and Pro Bono Director, Carlton Martin, of the National Homelessness Law Center.

In June 2023, the Georgia Court of Appeals held in North American Senior Benefits, LLC v. Wimmer that an employee non-solicitation covenant must contain an express geographic limitation to be enforceable.

Kristy Peters shares her legal insight on recent changes in labor and employment laws.

Greater Phoenix In Business Magazine

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Following Disability Pride Month, we look to the past, present and future to examine how rights for people with disabilities in the workplace have developed in the UK and could develop further, before giving some practical steps for employers.

A brief history of disability laws

As more and more employers take steps to improve Diversity, Equity, and Inclusion in the workplace, there’s an increasing demand to know if those measures are successful. In this podcast, Alyesha Dotson, Littler Shareholder, discusses ways in which employers can track progress in their DE&I efforts without tripping over legal hazards, and gauge individual and organizational change.
  

Jim Paretti shares his opinion on the EEOC’s response to COVID-19 vaccine incentives.

Law360 Employment Authority

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USCIS has officially announced the dates for the fiscal year (FY) 2025 H-1B cap lottery, which will open on Wednesday, March 6, 2024 at noon ET and end on Friday, March 22, 2024, at noon ET. This annual lottery is meant to select new H-1B candidates, who will be eligible to file an H-1B petition and, if approved, begin H-1B employment on October 1, 2024 (the first day of FY 2025).

Immigration associates George Thompson and Deepti Orekondy discuss the nuances and intricacies of filing of an H-1B visa application, including H-1B Cap petitions, and how to help employers maintain H-1B compliance. This podcast delves into common pitfalls and strategic considerations for an employer filing an H-1B petition.
   

Alexander Thomas MacDonald explains how, through a century of trial and error, labor law has been wildly successful in giving us the most peaceful labor market in history. 

The Federalist Society

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Alex MacDonald discusses how a new study reveals how some union practices prioritize maintaining their political influence over delivering benefits.

U.S. Chamber of Commerce

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UPDATE: This law took effect on February 8, 2024.

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On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a new Directive 2022-02.  Its stated purpose is to provide “transparency on OFCCP’s compliance evaluation policies and expectations for contractors”—but upon review, it appears to be a retreat from the standards of transparency, certainty, and efficiency that guided OFCCP from 2017 through 2020.  The new directive radically alters OFCCP’s approach toward compliance reviews and removes guardrails that had been put in place t

OFCCP issued yet another notice today regarding its handling of a FOIA request for production of all federal contractors’ EEO-1 Type 2 data from 2016 through 2020.

The request keeps in place a February 17, 2023, deadline for submitting objections, but expands the grounds upon which employers may object, but only if the contractor includes an explanation as to why it did not object “in response to previous notices that we have issued, and why there is good cause for us to accept the objection at this point.”

On December 14, 2023, the U.S. Department of Labor issued final regulations requiring the so-called “nondisplacement” of workers performing work on contracts for the federal government under the Service Contract Act (SCA). These regulations implement Executive Order 14055, “Nondisplacement of Qualified Workers Under Service Contracts,” President Biden signed on November 18, 2021.

Alex MacDonald discusses recent court decisions that criticized the way the NLRB operates and that could transform American labor law.

Washington Legal Foundation

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In July, the Third Circuit upheld a District of New Jersey decision to throw out a withdrawal liability assessment, finding the multiemployer pension fund was barred from pursuing its claim because the fund unreasonably delayed notification of a withdrawal liability assessment for 12 years.

Withdrawal Liability Assessments Under ERISA

Sarah Bryan Fask says the dispute over retired miners’ health benefits is notable because the decision "could impact whether unions could try to use a dispute resolution procedure within a collective bargaining agreement as a venue to dispute anticipated post-collective bargaining agreement changes."

Law360 

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Mark Callaghan says the new UK government should increase Statutory Paternity Pay “in excess of inflation,” because it would benefit businesses and families alike.

People Management

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The Euless, Texas Fair Overtime and Scheduling Standards Ordinance that imposed predictive scheduling obligations on covered employers is no more.   

The Unusual Origin of the Ordinance 

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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Rod Fliegel co-authors a report that explains negligent hiring, employers’ risks and how they can protect their company. 

Legal Action Center

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Rod Fliegel says he's seeing an uptick in negligent hiring concerns because of the growth of gig work.

SHRM Online

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On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment purposes, i.e., for the purpose of evaluating an individual for employment, promotion, reassignment, or retention as an employee.  The legislation, entitled An Act Reducing Barriers to Employment Through Credit Discrimination (H.1434), is expected to be adopted by the Massachusetts Senate and promptly signed into law by Governor Maura Healy.  Once adopted, th

Since October 1, 2020, Oregon employers have operated under the Workplace Fairness Act (“OWFA”), which restricts employers from including confidentiality, non-disparagement, and no-rehire provisions in settlement agreements and separation agreements unless the employee specifically requests them. In March 2022, Governor Kate Brown signed Senate Bill 1586 into law, which amends the OWFA effective January 1, 2023, and clarifies many of the provisions of the original OWFA.

LaToi Mayo, Kellan Coffey and Amanda Combs discuss the new Kentucky laws that focus on measures to attract businesses, increase workforce participation and increase economic growth.

The Lane Report

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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