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What, If Any, Impact Does SEC v. Jarkesy Have on Immigration Compliance and Adjudication?
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New York Legislature Bans Consideration of Most Older Convictions in Employment Decisions
UPDATE: Governor Hochul signed this bill on November 16, 2023, which will take effect one year from signing.
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New York Bans Consideration of Sealed Convictions in Employment Decisions
Michael Paglialonga and Stephen Fuchs discuss New York’s new Clean Slate Act, which will prohibit employers from inquiring about sealed records or discriminating against applicants or employees based on sealed records.
SHRM Online
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Dear Littler: How should employers revise their releases, separation agreements, and settlement agreements in light of the Speak Out Act?
Dear Littler: Considering the recent passage of the federal Speak Out Act limiting the use of pre-dispute nondisclosure and non-disparagement clauses involving sexual assault and sexual harassment claims, what impact will this have on our template releases, separation agreements, and litigation settlement agreements? How do you recommend we revise those documents?
—Revising Releases
Dear Revising,
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Department of Labor and IRS Intensify Cooperation on Worker Misclassification
On December 14, 2022, the U.S. Department of Labor (DOL) and the Internal Revenue Service (IRS) signed and published a Memorandum of Understanding for Employment Tax Referrals (the “MOU”). The MOU establishes a system for referrals from the DOL’s Wage & Hour Division (WHD) to the Small Business/Self Employed Specialty Employment Tax unit (“SB/SE”).
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New Legislation and New PAGA in CA, New Administration in DC – How Can Employers Thrive in 2025?
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Fourth Circuit Finds Waiver of Appellate Review of Arbitration Enforceable
Employers concerned about the risks and expenses associated with employment litigation have increasingly required their employees to agree to arbitration in the event of a dispute. Even upon the issuance of the arbitrator’s final decision, however, a court’s intervention may still be necessary. At the very least, the court can actually enforce an arbitration award, whereas the arbitrator cannot. Moreover, the losing party in the arbitration may seek to vacate the arbitrator’s decision on limited grounds, or seek further review of the district court’s decision by filing an appeal with th
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EEOC’s Pandemic Operations Get High Marks From Lawyers
Jim Paretti offers his opinion on how things have gone in interactions with the U.S. Equal Employment Opportunity Commission during the pandemic.
Law360 Employment Authority
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Mediator Mark Rudy credits success to preparation, patience, persistence
Keith A. Jacoby explains what makes Mark Rudy a good mediator.
Daily 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
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Canada: Key Trends in Arbitration Awards Pertaining to Mandatory COVID-19 Vaccination Policies
Since late fall 2021, we have seen a steady flow of arbitration awards emerge in Ontario and British Columbia that consider issues relating to mandatory COVID-19 vaccination policies in the unionized workplace. In this Insight, we provide an overview of key trends in these awards.
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Key trends in arbitration awards pertaining to mandatory vaccines
Rhonda B. Levy and Barry Kuretzky provide an overview of key trends in arbitration awards in Ontario and British Columbia since fall 2021 that have considered issues relating to mandatory COVID-19 vaccination policies in the unionized workplace.
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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Ninth Circuit Eliminates Obstacles to Enforcement of Employment Arbitration Agreements in California
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U.S. Immigration Laws and the Peril of Using the United States as a Venue for International Arbitration Proceedings
Angel Valverde presents issues for development of international arbitration in the U.S., as there are no visas that specifically allow a foreign national to be employed as an arbitrator, attorney or expert witness in an arbitration proceeding.
International Law Quarterly
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California Supreme Court Holds Plaintiffs with Arbitration Agreements Retain Standing to Pursue Non-Individual PAGA Claims in Court
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California Appellate Court Decision Limits Power of Arbitrators to Cure Late Arbitration Payments
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.
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California's Mandatory Arbitration Ban Is Permanently Halted
Alexander MacDonald explains when California employers’ employment agreements are subject to state law and AB 51 may apply.
XpertHR
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The ACLU: Champion of Individual Arbitration?
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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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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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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A Look at the Proliferation of New Legislation Addressing IE&D Across the Country
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Cybersecurity Considerations for Employers Sponsoring ERISA Plans
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An Accidental Outcome? Alex MacDonald returns to discuss how the NLRA’s success has resulted in fewer unions & what might happen under a new administration in DC
Alex MacDonald discusses his article “The Accidental Success of the NLRA: How a Law About Unions Achieved Its Goals by Giving Us Fewer Unions” on a podcast.
Labor Union News
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Prized H-1B Worker Visas Threatened Amid Trump Immigration Plans
Jorge R. Lopez says the Trump administration’s regulatory agenda was stymied by legal battles and a slow transition the first time around, but could move much quicker to implement its immigration priorities in his second administration.
Bloomberg Law
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22nd Global Standards Collaboration meeting convenes world’s leading standards bodies in Montreux, Switzerland
22nd Global Standards Collaboration meeting convenes world’s leading standards bodies in Montreux, Switzerland
Sophia Antipolis, 28 March 2019
The 22nd meeting of the Global Standards Collaboration (GSC), a high-level gathering of the world’s leading information and communication technologies (ICT) standards organizations, took place from 26-27 March 2019, hosted by IEC (International Electrotechnical Commission) and ISO (International Organization for Standardization) in Montreux, Switzerland. GSC members shared their priorities and focused on Smart Sustainable Cities and AI (Artificial Intelligence).
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ETSI and the Linux Foundation sign Memorandum of Understanding enabling industry standards and Open Source collaboration
ETSI and the Linux Foundation sign Memorandum of Understanding enabling industry standards and Open Source collaboration
San Francisco, US, and Sophia Antipolis, France, 26 April 2019
Today, the Linux Foundation, the nonprofit organization enabling mass innovation through sustainable open source, signed a Memorandum of Understanding with ETSI, the independent organization providing global standards for ICT services across all sectors of industry, to bring open source and standards closer and foster synergies between them.
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COAI and ETSI sign MoU to foster a closer co-operation on Telecom Standardization
COAI and ETSI sign MoU to foster a closer co-operation on Telecom Standardization
New Delhi & Sophia Antipolis, 13 May 2019
Acknowledging the role of standards, especially in the context of emerging technologies and technologies of the future and the need to collaborate and work in partnership with different types of organizations around the world, COAI, the apex industry association representing leading Telecom, Internet, Technology and Digital Services companies and ETSI, a leading standardization organization for Information and Communication Technology (ICT) standards fulfilling European and global market needs announced to come together once again to work and collaborate on areas of mutual interest.
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ETSI NFV Release 4 empowers orchestration and cloud enabled deployments
ETSI NFV Release 4 empowers orchestration and cloud enabled deployments
Offers increased support for automation
Sophia Antipolis, 8 October 2019
The ETSI Industry Specification Group (ISG) for Network Functions Virtualisation (NFV) has started working on its next specification release, known as Release 4. While NFV-based deployments are expanding worldwide and show the benefits of network function virtualization, new technologies are expected to be leveraged and features are being added in support of 5G and novel fixed access network deployments that are emerging in many countries. The release 4 work programme will provide the right setting to further enhance the NFV framework by considering recent technological advances, as well as ways to simplify its usage, that are aligned with the current trends in the industry towards network transformation.
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ETSI issues two major standards for emergency calls: Next Generation 112 and Advanced Mobile Location
ETSI issues two major standards for emergency calls: Next Generation 112 and Advanced Mobile Location
Sophia Antipolis, 20 January 2020
ETSI’s Emergency Communication Special Committee has recently released two major specifications, ETSI TS 103 479, for NG112, the next generation of European emergency services and ETSI TS 103 625, for the specific Advanced Mobile Location function. AML is already implemented in 22 countries worldwide following the publication of the first ETSI technical report TR 103 393.
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ETSI launches new group on 5th generation Fixed Network shifting the paradigm from Fibre to the Home to Fiber to Everything Everywhere
ETSI launches new group on 5th generation Fixed Network shifting the paradigm from Fibre to the Home to Fiber to Everything Everywhere
Sophia Antipolis, 26 February 2020
ETSI announces today the launch of a new group dedicated to specifying the fifth generation of Fixed Network (ETSI ISG F5G). In a launch via an online press and industry briefing yesterday, various speakers expressed their view on the need for standardization in this area.
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ETSI increases outreach to the research community to accelerate innovation and standards cooperation
ETSI increases outreach to the research community to accelerate innovation and standards cooperation
Sophia Antipolis, 16 June 2020
Engaging with Standards at the appropriate stages of research and innovation cycles is crucial to the development of new and evolved technologies. Identifying research topics for standardization at an early stage ensures that the requisite standards will be available to the industry when they are needed to support the relevant new technologies and products as they go to market.
Currently ETSI’s research and academic membership includes over 120 organizations, including public and private research institutes and universities from Europe and beyond. ETSI seeks to expand the existing research and academic community as well as reinforce the links with European research projects and platforms in order to build an active community of research and industrial partners, working towards a shared goal.
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ETSI releases migration strategies and recommendations for Quantum-Safe schemes
ETSI releases migration strategies and recommendations for Quantum-Safe schemes
Sophia Antipolis, 11 August 2020
The ETSI Quantum-Safe Cryptography (QSC) working group is pleased to announce the release of Technical Report TR 103 619 defining migration strategies and recommendations for Quantum-Safe schemes, and enhancing cryptography awareness across all business sectors.
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ETSI Fifth Generation Fixed Network White Paper paves the way for Fibre to Everywhere and Everything
ETSI Fifth Generation Fixed Network White Paper paves the way for Fibre to Everywhere and Everything
Sophia Antipolis, 30 September 2020
The ETSI ISG F5G (Fifth Generation Fixed Network) has released a White Paper that sets the scene for the evolution of on-premise, fixed access, and aggregation networks. In this White Paper, ETSI presents the vision, value, use cases, features, and technologies of F5G, aiming to foster a global effort to realize its full potential.
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ETSI announces MEC 5G Integration Report and extension of ISG MEC
ETSI announces MEC 5G Integration Report and extension of ISG MEC
Sophia Antipolis, 7 December 2020
The ETSI Multi-access Edge Computing group (ETSI ISG MEC) has recently released the Group Report ETSI GR MEC 031 that describes the key issues, solution proposals and recommendations for MEC integration into 3GPP 5G systems.
ETSI ISG MEC started their endeavour with the 3GPP 5G system specification when working on their White Paper published in June 2018. This White Paper confirmed the great synergies between the 3GPP 5G and MEC systems and how they both complemented each other in serving the edge computing demands of the 5G era. The Paper also highlighted main topics for further study, which provided the motivation for the creation of the ETSI GR MEC 031 MEC 5G Integration Report.
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ETSI enables intercontinental testing for next-generation emergency communications
ETSI enables intercontinental testing for next-generation emergency communications
Sophia Antipolis, 23 March 2021
ETSI has successfully completed its international emergency communications interoperability testing event. 285 test pairings, with 87% demonstrating interoperability, were run from 22 February to 5 March 2021, both in Europe and across the Atlantic to assess the compatibility of products for mission-critical public safety services. This remote event was a cooperation between ETSI, EENA, the European Emergency Number Association and for the first time NENA, the 9-1-1 Association.
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ETSI releases the first Group Report on Encrypted Traffic Integration, protecting end users from malicious attacks
ETSI releases the first Group Report on Encrypted Traffic Integration, protecting end users from malicious attacks
Sophia Antipolis, 1 September 2021
ETSI’s Industry Specification Group on Encrypted Traffic Integration (ISG ETI) has concluded the early part of its work, by identifying problems arising from pervasive encrypted traffic in communications networks.
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ETSI launches first specification for the 5th Generation Fixed Network, F5G technology landscape
ETSI launches first specification for the 5th Generation Fixed Network, F5G technology landscape
Sophia Antipolis, 23 September 2021
ETSI's 5th Generation Fixed Network group (F5G ISG) has just released its first specification, ETSI GS F5G 003, entitled F5G Technology Landscape. In this specification, the ISG studies the technical requirements, existing standards and gaps for 10 different new use cases, for home, enterprises or industrial needs.
ETSI GS F5G 003 use cases include PON (passive optical network) on-premises and passive optical LAN. In this case, a PON system could connect end devices (like HDTV, HD surveillance cameras and VR/AR helmets) and provide higher data rate, better coordination and controlled latency than current Ethernet and Wi-Fi mesh.
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ETSI launches new education programme for the next generation of ICT standards professionals
ETSI launches new education programme for the next generation of ICT standards professionals
Sophia Antipolis, 8 February 2022
ICT standardization plays an important role for interoperability and innovation and its practice remains a topic that is not easily accessible. To try to remedy this situation and prepare the next generation of standards professionals, ETSI has developed comprehensive teaching materials on education about ICT standardization. With this programme ETSI leads ICT standardization education, bringing the expertise of its global membership from various sectors.
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ETSI releases first specification on 5th Generation Fixed Network (F5G) architecture
ETSI releases first specification on 5th Generation Fixed Network (F5G) architecture
Sophia Antipolis, 12 May 2022
ETSI's 5th Generation Fixed Network group (ISG F5G) has released its first specification for F5G Network Architecture ETSI GS F5G 004. This architecture will deliver a variety of services to residential and business customers over a single physical network with guaranteed SLAs (service level agreements).
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ETSI and MIPI Alliance Announce Incorporation of MIPI I3C Basic into ETSI Smart Secure Platform
ETSI and MIPI Alliance Announce Incorporation of MIPI I3C Basic into ETSI Smart Secure Platform
I3C Interface for SSP provides higher data rate and improved integration flexibility with decreased power consumption
Piscataway, N.J. and Sophia Antipolis, France 30 June, 2022
The MIPI Alliance, an international organization that develops interface specifications for mobile and mobile-influenced industries, and ETSI Technical Committee Secure Element Technologies (TC SET) today announced the adoption of the I3C Interface for SSP (ETSI TS 103 818) specification, allowing the MIPI I3C Basic specification to serve as a physical and logical link layer for the ETSI Smart Secure Platform (SSP). The I3C Interface for SSP joins the family of specifications that underpin the ETSI SSP, the next-generation platform for Universal Subscriber Identity Module (USIM) and Secure Elements to meet new market requirements driven by emerging Internet of Things (IoT), 5G and other security-sensitive applications.