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What’s New on the Employment Law Front for In-House Leaders




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San Francisco-Based Employees? Health Care Expenditures May Be Required

  • The San Francisco Health Care Security Ordinance (HCSO) requires employers to make certain health care expenditures on behalf of their San Francisco-based employees, even if the employer is not located in the City.
  • Given the complexity of the HCSO, it is advisable to consult with experienced legal counsel to ensure full compliance with all aspects of the law.




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Why Employers Should Care About Women’s Health And Its Impact On Workplace Policies

Mikayla Almeida, Kimberly Doud and Anne Sanchez LaWer explain to employers about how implementing benefits related to women’s health and fertility could reduce turnover and retain talent.

ACC Central Florida

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San Francisco-Based Employees: Health Care Expenditures May Be Required

Anne C. Sanchez and Briana M. Swift explain what employers need to know about the San Francisco Health Care Security Ordinance (HCSO), a local ordinance that requires employers to make certain healthcare expenditures on behalf of their San Francisco-based employees.

SHRM

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Supreme Court Will Decide if Former Employees Can Sue Over Post-Employment Benefits

Ellen Donovan McCann says post-employment benefits are often the first to be amended when businesses experience budget challenges, but employers may have to take more care in changing them if SCOTUS decides that former employees can sue over those benefits.

SHRM

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Navigating the New Jersey Department of Labor: Ensuring Wage, Hour and Benefit Compliance




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New Normal: New Challenges: Guidance for Navigating Facial Covering Requirements and the Challenges of Non-Compliance

Chelsea Lewis provides recommendations for navigating the challenges that may arise when customers or clients refuse to abide by COVID-19 mandates.

ACC South Florida

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Employment Law Implications of the New Anti-Money Laundering Act

When Congress overrode President Trump’s veto of the National Defense Authorization Act on January 1, 2021, it enacted the Anti-Money Laundering Act (AMLA), which was part of the defense authorization bill.  In doing so, Congress implemented the most sweeping anti-money-laundering statute since the USA PATRIOT Act.  In addition to a number of regulatory reforms and new disclosure requirements, the AMLA has put into place new whistleblower protections, adding to the range of statutes that have effectively created anti-retaliation provisions for virtually every activity regulated by federal




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Oregon Employment Law Update: Legislators Debate Big New Changes




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Compliance Coffee Talk: Colorado's New Equal Pay Transparency Job Posting and Internal Promotion Notice Requirements




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The Right to Recall: New Obligations for Employers in California and Beyond




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New Whistleblowing Law Applies to Internal Complaints

Philip Berkowitz weighs in on the Anti-Money Laundering Act’s whistleblower protections that took effect this year.

SHRM Online

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Avoid litigation, loss of trade secrets when employees leave

Joon Hwang advises employers to review and scope the terms of their restrictive covenants and confidentiality agreements to ensure they are well defined to meet their business interests.

Pit & Quarry

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7 Dos and Don'ts When an Employee Is at Risk for Self Harm

Terri Solomon talks to HR Dive about how employers can best handle mental health crises in the office.

HR Dive

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Arizona Employers Should Note Expanded State and Local Anti-Bias Laws

Steve Biddle examines the recently expanded Arizona Civil Rights Act (ACRA) as well as new ordinances passed by Arizona cities that expand protected categories and coverage.

SHRM Online

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Internal Disclosures from Compliance Audits –What Could Go Wrong?

Compliance or internal audit departments frequently carry out audits intended to assure that business partners in an organization, such as human resources or legal departments, have in place policies and procedures that are effective for maintaining corporate compliance and consistent with the myriad laws with which the organization must comply, including employment, whistleblower, and anti-bribery and corruption.  These reviews are often not confined to policies but may also seek review of actual compliance events and sensitive contemporaneous records.  For example, in the case of an inte




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4 Things Employers Should Know About the Vaccination Gap

Devjani Mishra discusses employers coming up with COVID-19 safety rules that are appropriate for their own workplace.

Law360 Employment Authority

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Certain California Employers Face Hurdles When Recalling Laid-Off Workers

Michael Lotito and Bruce Sarchet share their thoughts on SB 93, a new California law that requires some employers in the hospitality industry to prioritize recalling workers who were laid off due to COVID-19.

SHRM Online

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Texas Expands Protections for Employees Asserting Sexual-Harassment Claims

Michael Royal and Alyssa Peterson discuss two new laws that will bring changes for employers in Texas by expanding protections for employees who assert claims of sexual harassment under the Texas Labor Code.

SHRM Online

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Allyship: An Important Part of the Inclusion, Equity, and Diversity Conversation

Kimberly J. Dowd, Chelsea Lewis and Kameron Miller explain the meaning of “allyship” and how it can be applied in the workplace. 

ACC North Florida

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Employer Hiring Tips As 'Ban The Box' Laws Proliferate

Stephanie Chavez offers advice to employers who are considering hiring individuals who have a criminal record.

Law360 Employment Authority

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4 Tips For Employers Paying Disabled Workers Lower Wages

Libby Henninger offers tips for employers paying disabled workers lower wages.

Law360 Employment Authority

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2021 Houston Employer Conference




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Europe and Canada Seek to Mandate Human Rights Due Diligence and Transparency Obligations on Companies and Their Global Partners

This year has seen a number of international and regional legislative efforts imposing human rights due diligence and transparency obligations on multinational employers. 




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Azeem Rafiq racism case a ‘classic example of failure’

Natasha Adom weighs in on racism experienced by former cricket player Azeem Rafiq.

Personnel Today

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Corporate Board Diversity: Next Steps for Employers After Court Strikes Down California Board Diversity Law

On April 1, 2022, a Los Angeles County Superior Court ruled that California Assembly Bill 979—a bill designed to increase diversity and improve the persistently low number of underrepresented groups on corporate boards—violated the Equal Protection Clause of the California Constitution and was therefore unenforceable. In its ruling, the court acknowledged the pitfalls of homogeneity in business and communities, but it cautioned against quotas and specific number requirements.




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2022 Nevada Regional Employer Conference - Las Vegas




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2022 Nevada Regional Employer Conference - Reno




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2022 St. Louis Regional Employer Conference




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Election Impact: Upcoming Policies to Consider




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New Anti-Money Laundering Whistleblower Improvement Act Expands Coverage and Strengthens Incentives for Whistleblowers

On December 29, 2022, President Biden signed a new whistleblower law that significantly increases the risk and cost of whistleblower claims for domestic and overseas financial services institutions that must be cognizant of anti-money laundering (AML) laws and regulations. This covers 26 categories of institutions, including banks, branches and agencies of foreign banks, broker-dealers, insurance companies, operators of credit card systems, mutual funds, certain casinos, and travel agencies.




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What Does the Supreme Court’s Decision Not to Review the Standard for Attorney-Client Privilege Mean for Employers?

As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the requirements of employment laws and regulations. When is such advice protected from disclosure under the attorney-client privilege?




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2023 Mid-Atlantic Regional Employer Conference




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Employers Should Purge Old I-9s

Speaking about I-9 retention periods, Jorge Lopez advises employers to be prudent and make a purge process part of the I-9 compliance module.

SHRM Online

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Canada Imposes New Language and Field of Study Requirements on Its Post-Graduation Work Permit Program

On September 18, 2024, Canada announced that it would impose new language and field of study eligibility requirements on its Post-Graduation Work Permit (PGWP) Program.




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Sixth Circuit Clarifies Employer’s Bargaining Obligations During Public Health Emergencies

  • A recent Sixth Circuit decision provides some guidance to employers regarding bargaining obligations during exigent circumstances like the COVID-19 pandemic or other public health emergencies.
  • In general, an employer can make unilateral decisions to address unforeseen circumstances that have a major effect on the economics of its operations, but this right is not without limits.




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Bracing for Impact if California Voters Approve Statewide Minimum Wage Increase

At the November 5, 2024 election, California voters will determine the fate of Proposition 32, which proposes to increase the state minimum wage and provide for automatic future adjustments tied to inflation.




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NLRB General Counsel Explains What Remedies She Wants for Non-Competes She Considers Illegal and Promises Crack-Down on “Stay-or-Pay” Agreements

  • NLRB General Counsel Memorandum 25-01 urges the Board to seek “make whole” remedies for non-compete agreements that run afoul of the NLRA.
  • The Memorandum also alleges certain “stay-or-pay” arrangements are unlawful unless narrowly tailored.




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How can employers address varying sensitivities to DEI issues in a multinational workforce?




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UK: The Employment Rights Bill – Phase One of Employment Law Reform

  • UK Employment Rights Bill includes 28 individual employment law reforms.
  • The Bill will now make its way through Parliament and may be amended along the way.
  • This Insight summarizes key provisions of the Bill, when they would take effect, and what proposals did not make it into the 158-page document.




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Ontario, Canada Court Reinforces Waksdale’s Impact on Enforceability of Termination Provisions and Provides Guidance on Proving Failure to Mitigate

  • Ontario’s Superior Court of Justice held that because a termination for cause provision in an employment contract defined “cause” more broadly than does the Employment Standards Act, 2000 it was unenforceable.
  • Court also held the employer failed to prove the employee did not mitigate her damages.




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Dallas Cowboys Cheerleaders and Equal Pay: What the Hit Netflix Show Tells UK Employers

The latest binge watch for many of us at GQ|Littler was the Netflix hit, “America’s Sweethearts: Dallas Cowboys Cheerleaders,” which follows a year in the life of NFL’s Dallas Cowboys cheerleading team.




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The Impact of the Presidential Election on Artificial Intelligence Regulations in the Workplace

As artificial intelligence (AI) continues to transform the workplace, lawmakers and agencies are grappling with how to regulate its use in employment settings, from hiring practices to employee monitoring. The next administration’s approach to AI regulation will help shape the balance between innovation and worker protection, with each political party offering distinct views on the role of government oversight. A shift in power could lead to changes in how the U.S. Department of Labor (DOL), the U.S.




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I'm a U.S.-based employer and the Foreign Corrupt Practices Act is not front burner for us. Why should we care?




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Psychedelics and Marijuana on the Ballot: How Should Employers Prepare for Potential Legalization?

Voters in several states will decide whether marijuana or, in one case, psychedelic substances should be legal in the upcoming November 5, 2024 general election. Employers should keep their eyes on these ballot measures and prepare for questions regarding changes to workplace policies if some or all of them pass. A rundown of the ballot measures in these jurisdictions follows.




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Ontario, Canada Court Orders Independent Medical Examination of Employee Claiming Indefinite Inability to Mitigate Due to Mental Health Condition

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.




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Employment: North America - Canada (Ontario)

A number of Littler lawyers in our office in Toronto, Ontario, Canada recently authored the Ontario section of Employment: North America for Lexology, Getting The Deal Through.

This publication provides an overview of labour and employment law in Ontario, Canada, focusing on the following categories: 




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Littler's 2019 European Employer Survey Report

European companies are navigating a variety of social and equality-related issues impacting their workplaces and, according to Littler’s second annual European Employer Survey, are increasingly channeling their concerns into concrete actions.




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Ontario, Canada Mandatory Policies, Training and Postings—Are You In Compliance?

Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace Safety and Insurance Act, 1997, the Occupational Health and Safety Act, the Accessibility for Ontarians with Disabilities Act, 2005, the Pay Equity Act, and the Smoke-Free Ontario Act, 2017.  To make this information conveniently available, the Littler Toronto office assembled these requirements in a single publication. 




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The Race for a COVID-19 Vaccine – Planning for the Employer Response

Many employers are hopeful that a vaccine for COVID-19 will be the silver bullet that will enable employers to return to some semblance of a pre-COVID workplace. Assuming a vaccine is developed, can an employer mandate that employees be vaccinated before coming back to work? What happens when an employee cannot or will not take this vaccine, either for religious, medical, or other personal reasons? Can a union or group of workers successfully challenge employer-mandated vaccines?