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Supreme Court’s 2024 Term Could Transform Labor and Employment Law

  • The Supreme Court issued four decisions narrowing agencies’ power to make policy through formal rulemaking and adjudication.
  • In the short term, these decisions could make it harder for agencies to defend major rules on overtime, joint employment, prevailing wages, pregnancy accommodation and noncompete agreements.




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Agencies’ Influence over Employers May Erode After Supreme Court Decision

Alexander MacDonald says agencies may have to “regulate more modestly and litigate more often” after the U.S. Supreme Court overruled Chevron.

SHRM Online

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Supreme Court Scales Back Federal Agency Powers

Alex MacDonald says that federal agencies will have to look for new ways to advance their policy positions in the wake of SCOTUS overturning Chevron. 

Corporate Compliance Insights

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Supreme Court's 2024 term could transform labor and employment law

Alexander T. MacDonald and Michael J. Lotito review four decisions in the U.S. Supreme Court's recently completed term and discuss how the rulings may affect employment law.

Westlaw Today

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Connecticut Adopts Narrow Definition of “Supervisor” for Hostile Work Environment Claims

The Connecticut Supreme Court recently adopted the U.S. Supreme Court's relatively narrow definition of “supervisor” for use in determining when employers are liable under the Connecticut Fair Employment Practices Act (CFEPA) for creating or failing to remedy a hostile work environment. The decision provides employers with clarity as the term is not defined by the CFEPA.




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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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How to Identify Forced Labor in Supply Chains

Donald Dowling says abusive labor practices are a huge problem around the world, and often the smaller local manufacturers, miners and growers within countries that are committing labor abuses are bigger problems than the multinational firms.

SHRM Online

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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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Supreme Court: False Claims Act Liability Depends on Defendant’s Subjective Belief

On June 1, 2023, in United States ex rel.




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COVID-19: The New Normal – International Guide Supplement

Due to the effects of the COVID-19 pandemic, governments across the world have implemented various measures to slow the spread of the virus, protect workers’ health and safety, and assist employers to recover from the economic crisis, among other programs.




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Wisconsin Supreme Court Eases the Burden for Employers Defending Arrest and Conviction Record Discrimination Claims Under State Law

The Wisconsin Fair Employment Act (WFEA) prohibits employers from discriminating against applicants and employees on the basis of their arrest and conviction records.1  Generally, an employer cannot make decisions on the basis of an arrest or conviction record unless the crimes “substantially relate” to the circumstances of the job at issue.2  For many years, the state agencies responsible for enforcing this law—the Wisconsin Department of Workforce Development (DWD) and the Labor and Industry Review Commission (LIRC)—have taken the view that crimes of domestic violen




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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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Supreme Court finds exclusive arbitral jurisdiction in Manitoba human rights disputes

Rhonda B. Levy and Douglas Sanderson examine Northern Regional Health Authority v. Horrocks, in which the Supreme Court of Canada decided that in Manitoba, human rights disputes arising from the interpretation, application or alleged violation of a collective agreement fall within the exclusive jurisdiction of a labour arbitrator.

Human Resources Director Canada

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Supreme Court Permits Arbitration of Individual PAGA Claims

The United States Supreme Court’s decision in Viking River Cruises v. Moriana will dramatically impact employers’ rights to enforce arbitration agreements related to claims under California’s Private Attorneys General Act (PAGA).1  This decision, which is a significant win for employers with interests in California, will allow employers to compel arbitration of a PAGA plaintiff’s individual PAGA claims.




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Savings Clause Results in Oregon Supreme Court Affirming Enforceability of Arbitration Provision

On July 8, 2022, in Gist v. ZoAn Management, Inc., the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals granting the defendants’ motion to compel arbitration.  The court concluded that because nothing in the arbitration agreement prohibited the plaintiff from being awarded any relief he might be entitled to under Oregon’s wage and hour statutes, the arbitration provision was not unconscionable and therefore enforceable.

Background




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Oregon Supreme Court Affirms Enforceability of Arbitration Provision

Christine Sargent writes about an Oregon Supreme Court case that affirmed the importance of implementing enforceable arbitration agreements.

SHRM Online

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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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    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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    U.S. Supreme Court Clarifies When the Federal Arbitration Act’s “Transportation Exemption” Applies

    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”).




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    Pencils, Paper, and Now NLRA Legal Protections – New General Counsel Memorandum Provides College Student Athletes with a Very Significant New “School Supply”

    On September 29, 2021, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer A. Abruzzo released a nine-page memorandum taking the unequivocal position that “certain Players at Academic Institutions” are employees under Section 2(3) of the National Labor Relations Act (NLRA).  Refusing to call such players “student athletes,” Abruzzo asserts in the memorandum (GC 21-08) that:




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    How Will the Supreme Court’s Review of Two Affirmative Action Cases Affect Employers?

    • On October 31, 2022, the U.S. Supreme Court heard two cases that will determine the legality of affirmative action in college admissions decisions.
    • During oral arguments, Justice Elena Kagan raised the issue of whether employers may consider the benefits of diversity when making hiring decisions.




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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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    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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    What do recent Supreme Court decisions mean for OSHA and other safety agencies?

    Commenting on a SCOTUS decision, Alka Ramchandani-Raj said a type of OSHA matter that could see a future change in venue may be those involving certain General Duty Clause citations. 

    Safety+Health

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    The National Association of State Chambers and Littler’s Workplace Policy Institute Form Coalition and Support Workforce Development Legislation

    In a letter sent to Congress today, the Coalition expresses support for legislation that would modernize America’s workforce development and education system




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    TechNet and Littler’s Workplace Policy Institute Support the Illinois Senate’s Passage of Biometric Information Privacy Act Reform Bill

    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.




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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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    EHRC race discrimination fund supported 27 cases in 2022/23

    In light of news that the EHRC legal support scheme funded only 27 race discrimination cases during 2022-23, Philip Cameron and Lisa Cameron say it’s important that legal support schemes continue to support litigants in employment discrimination cases.

    Personnel Today

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    ETSI Licensed Shared Access specifications for a trial in Portugal to support 5G deployment

    ETSI Licensed Shared Access specifications for a trial in Portugal to support 5G deployment

    Sophia Antipolis, 27 March 2019

    Spectrum usage in the mid-term will tend to focus more on spectrum sharing among the various radiocommunications systems, as a principle rather than as an exception and technological and regulatory solutions need to be found that allow for this implementation. With 5G coming soon, Licensed Shared Access (LSA) gives carriers new spectrum capabilities in the absence of incumbent.

    Read More...




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    ETSI OSM Release SIX enhances Edge support and lets your Network Service fly

    ETSI OSM Release SIX enhances Edge support and lets your Network Service fly

    Sophia Antipolis, 20 June 2019

    ETSI OSM Release SIX is now available! The new Release brings a huge new set of capabilities to provide end-to-end orchestration across heterogeneous networks and cloud technologies.

    Read More...




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    ETSI NFV announces new features to its architecture to support 5G

    ETSI NFV announces new features to its architecture to support 5G

    Sophia Antipolis, 1 July 2019

    ETSI NFV has enhanced the system as well as designed new features to support 5G networks. Specifically, 5G resource management and orchestration aspects were added on top of the NFV Release 2 architecture framework.

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    New ETSI White Paper on Enhanced DNS Support in Distributed MEC Environments

    New ETSI White Paper on Enhanced DNS Support in Distributed MEC Environments

    Sophia Antipolis, 8 September 2020

    Today ETSI announces the publication of its White Paper on DNS Support in Distributed MEC Environments. DNS (Domain Name System) is a key infrastructure element in any distributed edge cloud as it is used to ensure that modern (i.e. URL/URI-based) services requests are resolved to the properly located service instances. The best instance may often be decided based on properties other than location, e.g., service latency, resource availability as well as the device identifier.

    Read More...




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    CEN, CENELEC and ETSI held a workshop on standards in support of the industrial data value chain

    CEN, CENELEC AND ETSI HELD A WORKSHOP ON STANDARDS IN SUPPORT OF THE INDUSTRIAL DATA VALUE CHAIN

    Sophia Antipolis, 29 September 2021

    Industrial data has become one of the top strategic priorities for European and international industry in the recent years. Well managed and duly exploited, industrial data bring a significant competitive edge to businesses and can greatly improve overall efficiency, be it by supporting core processes or by providing a new source of insights.

    In this data-driven era, industrial data play an essential role in building the foundation of the next wave of digitization in Europe. For this reason, it is key to the success of a harmonized Single Market and European competitiveness in the global market, but also for the success of the twin transition (green and digital) at the heart of the EU policy agenda.

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    ETSI releases two Technical Reports to support US NIST standards for post-quantum cryptography

    ETSI releases two Technical Reports to support US NIST standards for post-quantum cryptography

    Sophia Antipolis, 6 October 2021

    In 2016 the US National Institute of Standards and Technology (NIST) announced their intention to develop new standards for post-quantum cryptography. They subsequently initiated a competition-like standardization process with a call for proposals for quantum-safe digital signatures, public-key encryption schemes, and key encapsulation mechanisms. NIST have stated that they intend to select quantum-safe schemes for standardization at the end of the current, third round of evaluation.

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    ETSI NFV Release 5 kicks off with increased support for cloud-enabled deployments

    ETSI NFV Release 5 kicks off with increased support for cloud-enabled deployments

    Sophia Antipolis, 9 November 2021

    The ETSI Industry Specification Group (ISG) for Network Functions Virtualization (NFV) has started working on its next specification release, known as "Release 5”, officially kicking off the new Release technical work after their September meeting.

    The Release 5 work program is expected to drive ETSI NFV’s work into two main directions: consolidating the NFV framework and expanding its applicability and functionality set. On the one hand, some aspects of the NFV concepts and functionalities that have been addressed in previous Releases, but need additional work, will be further developed in Release 5. For instance, based on development, deployment experience and feedback collected during testing events such as the “NFV/MEC Plugtests”, additional work on VNF configuration was deemed necessary. Another example is the more detailed specification work related to fault management modelling which aims at further defining faults and alarms information to improve interoperability during network operations, in particular for root cause analysis and fault resolution in multi-vendor environments.

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    New ETSI specification allows single UICC to support the use of multiple applications simultaneously

    New ETSI specification allows single UICC to support the use of multiple applications simultaneously

    Sophia Antipolis, 26 October 2022

    New specifications released by ETSI will enable multiple subscriptions and identities to exist in the same smartphone handset without needing several SIM cards to be within the device.

    The mobile telecom industry has been facing an increasing demand for applications running on mobile devices like banking, payments, transport and identity for some time. These new specifications address this demand by adding the possibility to host and address several "virtual secure elements" into the same UICC. This allows multiple virtual secure elements to coexist logically separated, whilst having the ability to be addressed independently through the same physical interface.

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    ETSI NFV Releases Architecture Enhancements to Support Cloud-Native Network Functions

    Sophia Antipolis, 26 January 2023

    The ETSI Industry Specification Group for Network Functions Virtualization (ISG NFV) has just published its next drop of specifications around new enhancements of the NFV architecture that will support cloud-native network functions.

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    How cybersecurity standards support the evolving EU legislative landscape

    Sophia Antipolis, 8 February 2023

    On 7 February, the European Standards Organizations (ESOs), CEN, CENELEC and ETSI, joined forces with ENISA, the European Union Agency for Cybersecurity, to organise their 7th annual conference. The hybrid conference took place at the Brussels Renaissance Hotel and focused on “European Standardization in support of the EU cybersecurity legislation”.

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    New ETSI White Paper on MEC Support for Edge Native Design: an application developer perspective

    Sophia Antipolis, 22 June 2023

    ETSI has just released a new White Paper on “MEC Support for Edge Native Design” written by members of the ETSI Multi-access Edge Computing group (ISG MEC). This White Paper provides an overview and vision about the Edge Native approach, as a natural evolution of Cloud Native. 

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    ETSI Standardization in support of AI

    Sophia Antipolis, 13 February 2024

    Sharing intelligence: ETSI AI Conference highlights role of standardization in supporting ICT industry transformation.

    Held at ETSI’s Sophia Antipolis headquarters from 5-7 February, the event welcomed close to 200 participants from 25+ countries, with featured speakers including AI experts from government agencies, standards bodies, academia and industry.

    Artificial Intelligence/Machine Learning (AI/ML) technologies are enabling disruptive new applications across a wide range of digital products and services. Reviewing the current status of AI developments worldwide, the Conference explored the role of standardization in ETSI and other SDOs to support the development of a robust market for safe, lawful AI applications and services within the framework of European policymaking.

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    TeraFlowSDN Release 3 Provides a Cloud-based Network Automation Platform Featuring New Optical SDN Controller and Expanded Support for Disaggregated Networks

    Sophia Antipolis, 30 April 2024

    The ETSI TeraFlowSDN community is proud to announce the third release of TeraFlowSDN, an innovative and robust SDN orchestrator and controller, delivering a fully featured Network Automation Platform. In this latest release, TeraFlowSDN enhances its capabilities with the integration of an Optical SDN controller, expanding device support to include gNMI and OpenConfig protocols. It also features enriched network integrations for end-to-end orchestration like IP over DWDM, L3VPN, MEC, and network topology exposure. The management of network topologies is improved with the addition of a new BGP-LS speaker able to discover the topologies, and a new Forecaster component is introduced, providing predictive insights for network management. These additions substantially augment the versatility and management capabilities of the TeraFlowSDN platform.

    Read More...




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    2024 Martin J. Forman Lecture | Supporting and shaping the global nutrition agenda with evidence




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    2024 Martin J. Forman Lecture | Supporting and shaping the global nutrition agenda with evidence




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    Supporting and shaping the global nutrition agenda with evidence: A three-decade journey of resea…




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    Learning Support for a Multi-Country Climate Resilience Programme for Food Security

    https://www.youtube.com/watch?v=UHhFYrwJjow



    • From Our Channel
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    Learning Support for a Multi-Country Climate Resilience Programme for Food Security

    https://www.youtube.com/watch?v=Ata12_CZy4A



    • From Our Channel
    • News

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    Yo-kai watch. 17 / story and art by Noriyuki Konishi ; original concept and supervised by Level-5 Inc. ; translation, Tetsuichiro Miyaki ; English adaptation, Aubrey Sitterson ; lettering, John Hunt.

    "Nate Adams is just an average kid until the mysterious Whisper gives him the Yo-kai Watch. Now he can see what others cannot: Yo-kai of all shapes and forms! … A mysterious door opens, causing Nate to run into weird and wacky Yo-kai from the past, present and future. Watch as they participate in a battle royale to decide which Yo-kai is the strongest!" -- Provided by publisher.




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    Volume 47, Issue 38 (Supp-2)




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    Global Food Policy Report 2024: Improving governance to create supportive environments for diet and nutrition policies

    Global Food Policy Report 2024: Improving governance to create supportive environments for diet and nutrition policies

    Key steps to strengthen institutions and relationships

    The post Global Food Policy Report 2024: Improving governance to create supportive environments for diet and nutrition policies appeared first on IFPRI.




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    Supporting and shaping the global nutrition agenda with evidence: A three-decade journey of research and partnerships for impact

    Supporting and shaping the global nutrition agenda with evidence: A three-decade journey of research and partnerships for impact

    This year’s Forman Lecture will be delivered by Dr. Marie Ruel, Senior Research Fellow in the Nutrition, Diets, and Health Unit at IFPRI. She served as the Director of IFPRI’s Poverty, Health, and Nutrition Division from 2004 to 2023, after serving as Senior Research Fellow and Research Fellow in that division beginning in 1996. Dr. […]

    The post Supporting and shaping the global nutrition agenda with evidence: A three-decade journey of research and partnerships for impact appeared first on IFPRI.