co Employers Face June 1, 2024 Deadline to Comply with Lehigh County, Pennsylvania’s New Expansive Anti-Discrimination Ordinance By www.littler.com Published On :: Thu, 02 May 2024 16:48:51 +0000 The Lehigh County Human Relations Ordinance was enacted February 26, 2024, establishing county-specific non-discrimination requirements for employment, housing, education, health care and public accommodations. The ordinance also creates a Lehigh County Human Relations Commission charged with investigating and enforcing claims of discrimination. The ordinance becomes effective June 1, 2024. Expanded Protected Characteristics and Employer Coverage Full Article
co California Court of Appeal Thwarts Efforts to Conceal Important Driving History Information from Employers By www.littler.com Published On :: Mon, 08 Jul 2024 15:05:17 +0000 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. Full Article
co The County of Los Angeles Will Soon Post Notice and Sample Documents to Comply with the County’s Sweeping Fair Chance Ordinance By www.littler.com Published On :: Fri, 30 Aug 2024 16:11:47 +0000 Starting after Labor Day, employers with jobs located in the unincorporated areas of the County of Los Angeles, including work-from-home and hybrid positions, must comply with the County’s fair chance hiring ordinance. The ordinance, which imposes obligations well beyond existing federal and state law, and which extends to con Full Article
co FDIC Approves Final Rule to Update Its Section 19 Regulations – Insured Depository Institutions Have Until October 1, 2024 to Comply By www.littler.com Published On :: Fri, 06 Sep 2024 20:35:57 +0000 The FDIC has approved a final rule, effective October 1, 2024, to update its Section 19 regulations to conform to the Fair Hiring in Banking Act. While the FDIC made certain clarifying changes based on public comments received, as predicted, the final rule largely aligns with the proposed rule. Insured banks and credit unions must undertake a “reasonable, documented inquiry” to verify that a person with a covered offense on their record is not hired. Full Article
co Prince George’s County, MD Amends Criminal Background Check Law By www.littler.com Published On :: Tue, 01 Oct 2024 18:28:56 +0000 The Prince George’s, Maryland County Council recently enacted Bill CB-019-2024, amending the county's Fair Criminal Record Screening Standards. Effective September 16, 2024, the ordinance—renamed “Access to Employment for Returning Citizens”—significantly restricts employers' ability to conduct criminal background checks on job applicants. Changes to the law include a smaller threshold for employer coverage, expanded limitations on employer inquiries into applicant criminal histories, and expanded protections for employees. Employer Coverage Threshold Full Article
co San Diego County Adds a New Layer to California’s Complex Web of Laws Regulating the Use of Criminal Records in the Hiring Process By www.littler.com Published On :: Wed, 09 Oct 2024 19:40:42 +0000 Effective October 10, 2024, employers in San Diego County must assess compliance with new criminal record screening regulations. The ordinance applies only in the unincorporated areas of San Diego County. Full Article
co Now Is the Time for Post-COVID HR Audits By www.littler.com Published On :: Fri, 30 Jul 2021 16:07:53 +0000 Hinna Upal discusses things employers should consider in the post-pandemic workplace, including employees’ work-from-home arrangements. Rochester Business Journal View (Subscription required.) Full Article
co Federal Tax Credits Now Available When Certain Employees Use Emergency Paid Leave to Help Others Obtain or Recover from COVID-19 Vaccine By www.littler.com Published On :: Tue, 03 Aug 2021 13:25:35 +0000 The federal Internal Revenue Service (IRS) has announced that certain employers can claim federal tax credits when employees use emergency paid leave to accompany an individual to obtain a COVID-19 vaccination and/or to care for an individual recovering from an injury, disability, illness, or condition related to the vaccine. Full Article
co México: Incremento al valor de la Unidad de Medida y Actualización (UMA) para el 2022 By www.littler.com Published On :: Mon, 10 Jan 2022 17:40:06 +0000 El 7 de enero de 2022, el Instituto Nacional de Estadística y Geografía (INEGI) publicó los nuevos valores para la Unidad de Medida y Actualización (en adelante “UMA”) que entrará en vigor el 1 de febrero de 2022, de acuerdo con lo establecido en el Artículo 5 de la Ley para Determinar la Unidad de Medida y Actualización. Los valores de la UMA para el 2022 serán los siguientes: Año Full Article
co Mexico: Increase to the UMA Value Announced for 2022 By www.littler.com Published On :: Mon, 10 Jan 2022 17:42:36 +0000 On January 7, 2022, Mexico’s National Institute of Statistics and Geography (INEGI by its acronym in Spanish) published the new values for the Updated Metric Unit (Unidad de Medida y Actualización or UMA) that will take effect on February 1, 2022, as provided by Article 5 of the Law to determine the value of the UMA. The UMA serves as the basis for calculating the payments, obligations, or penalties that are owed to the government, whether under federal or state law. Its updated value is published on an annual basis. The values of the UMA for 2022 will be as follows: Full Article
co Puerto Rico Department of the Treasury Announces 2022 Limits on Qualified Retirement Plans By www.littler.com Published On :: Tue, 18 Jan 2022 23:00:00 +0000 On January 14, 2022, the Puerto Rico Department of the Treasury issued Internal Revenue Circular Letter No. 22-01 (CL IR 22-01) announcing the applicable 2022 limits for Puerto Rico qualified retirement plans. Full Article
co Puerto Rico Enacts New Legislation on Remote Workers of “Out-of-State” Employers By www.littler.com Published On :: Wed, 27 Jul 2022 14:52:57 +0000 On June 30, 2022, the governor of Puerto Rico signed into law Act No. 52 (Act 52-2022), which amended the concept of “engaged in trade or business” under the Puerto Rico Internal Revenue Code of 2011, to address the pandemic-related issue of employees working remotely from the Island for “out-of-state” employers with no business nexus to Puerto Rico. Pursuant to Act 52-2022, for taxable years commencing after December 31, 2021, businesses with employees working remotely from Puerto Rico will not be deemed “engaged in trade or business,” provided the following conditions are met: Full Article
co Puerto Rico Treasury Department Takes Action in Response to Hurricane Fiona By www.littler.com Published On :: Wed, 28 Sep 2022 20:55:07 +0000 On September 17, 2022, Puerto Rico Governor Hon. Pedro Pierluisi issued Executive Order No. OE-2022-045, declaring a state of emergency due to the passing of Hurricane Fiona through the Island. Likewise, on September 21, 2022, President Joseph Biden authorized a disaster declaration for Puerto Rico, opening up additional relief and assistance for Puerto Rico's recovery process after the devastation left by the hurricane. Full Article
co Employment Law Update 2023: New Compliance Obligations for the New Year By www.littler.com Published On :: Wed, 02 Nov 2022 13:53:12 +0000 2022 is coming to a close, and the new year will be here before we know it. While many states, cities and counties seem to be willing to pass employment laws and regulations at any time, the first day of a new year is still the number one day for new employment laws to take effect. 2023 will be no exception. Full Article
co Department of Labor and IRS Intensify Cooperation on Worker Misclassification By www.littler.com Published On :: Tue, 27 Dec 2022 21:57:40 +0000 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”). Full Article
co Settled a Lawsuit with a Government Agency Last Year? Form 1098-F Reporting of Fines and Penalties is Coming Due By www.littler.com Published On :: Fri, 20 Jan 2023 15:46:03 +0000 2017 Tax Cuts and Jobs Act changed rules relating to when penalties/fines paid to or at the direction of a government agency can be deducted as a business expense. Certain payments to government agencies, such as the EEOC, as part of employment lawsuit settlements, are affected. To this end, Agencies will start issuing information returns, IRS Form 1098-F, to affected employers. Full Article
co Puerto Rico Department of the Treasury Announces 2023 Limits on Qualified Retirement Plans By www.littler.com Published On :: Thu, 09 Feb 2023 15:48:58 +0000 The Puerto Rico Department of the Treasury recently issued Internal Revenue Circular Letter No. 23-01 (CL IR 23-01) announcing the applicable 2023 limits for Puerto Rico qualified retirement plans. Full Article
co Certificates of Coverage Necessary for Expatriate Workers to Claim FICA Exemption under Totalization Agreements By www.littler.com Published On :: Fri, 23 Jun 2023 19:14:04 +0000 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. Full Article
co Court Holds Backup Withholding Required by Law Does Not Violate a Settlement Agreement By www.littler.com Published On :: Fri, 26 Jan 2024 18:50:10 +0000 In Escano v. Innovative Financial Partners, LLC,1 a magistrate judge held that the defendants’ decision to withhold funds from a payment required under a settlement agreement when the plaintiff refused to provide a Form W-9 did not violate the agreement. Full Article
co Puerto Rico Department of the Treasury Announces 2024 Limits on Qualified Retirement Plans By www.littler.com Published On :: Mon, 05 Feb 2024 22:26:05 +0000 On January 31, 2024, the Puerto Rico Department of the Treasury issued Internal Revenue Circular Letter No. 24-01 (CL IR 24-01) announcing the applicable 2024 limits for Puerto Rico qualified retirement plans. Full Article
co The Massachusetts PFML: 2025 Contribution Rates and Benefit Amounts By www.littler.com Published On :: Thu, 03 Oct 2024 22:04:51 +0000 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. Full Article
co Third Circuit's 'Johnson v. NCAA' Opinion: What It Means for College Athletics and Beyond By www.littler.com Published On :: Thu, 24 Oct 2024 15:14:05 +0000 Andrea M. Kirshenbaum discusses how Johnson v. NCAA is noteworthy beyond the realm of college athletics for its expansive discussion of the FLSA. The Legal Intelligencer View (Subscription required) Full Article
co Employer Tab for Exiting Pensions at Stake in High Court Appeal By www.littler.com Published On :: Thu, 24 Oct 2024 15:29:27 +0000 Sarah Bryan Fask says a decision clarifying when employers can exit union-brokered pension plans “potentially opens up the floodgates for a lot of employer uncertainty.” Bloomberg Law View (Subscription required) Full Article
co Experts Weigh in on Implications of Failed FTC Non-Compete Ban By www.littler.com Published On :: Fri, 13 Sep 2024 19:14:45 +0000 James A. Paretti Jr. and Melissa McDonagh offer insights into the implications of the court’s rejection of the Federal Trade Commission’s (FTC) proposed nationwide ban on noncompete agreements. Thomson Reuters View Full Article
co Minding Wage and Hour Laws in Your Drycleaning Business (Conclusion) By www.littler.com Published On :: Tue, 17 Sep 2024 14:22:13 +0000 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 View Full Article
co Cos. Should Focus On State AI Laws Despite New DOL Site By www.littler.com Published On :: Wed, 16 Oct 2024 14:45:30 +0000 Bradford Kelley, Sean O’Brien and Alice Wang discuss a new AI framework from the U.S. Department of Labor and what it means for employers. (Subscription required) Law360 View (Subscription required) Full Article
co Write It Down: California’s Freelance Worker Protection Act Imposes New Requirements for Engaging Independent Contractors By www.littler.com Published On :: Mon, 21 Oct 2024 16:07:37 +0000 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”). Full Article
co This Legal Change Could "Severely Disrupt" Franchising. Learn About the PRO Act's Joint-Employer Standard By www.littler.com Published On :: Wed, 30 Jun 2021 21:27:23 +0000 Michael Lotito offers insight on the Protecting the Right to Organize Act (or PRO Act), which includes a change to a standard known as “joint employer.” Entrepreneur View Full Article
co 4 W&H Bills to Watch for in the Second Half of 2021 By www.littler.com Published On :: Wed, 07 Jul 2021 17:22:42 +0000 Libby Henninger weighs in on several wage and hour bills that will be prevalent in the next six months. Law360 Employment Authority View (Subscription required.) Full Article
co Congressional Democrats Want to Weaponize Federal Labor Law By www.littler.com Published On :: Tue, 21 Sep 2021 21:37:05 +0000 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 View (Subscription required.) Full Article
co British Columbia Updates Rules for Investigations, Working Children By www.littler.com Published On :: Wed, 29 Sep 2021 16:08:08 +0000 George Vassos explains new rules that broaden and clarify British Columbia’s ability to investigate employment compliance matters and tighten rules for hiring children younger than 16 years old. SHRM Online View (Subscription required.) Full Article
co Supreme Court of Puerto Rico Validates Implicit Consent for Arbitration Agreements in the Employment Context By www.littler.com Published On :: Fri, 12 Nov 2021 20:12:07 +0000 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. Full Article
co Ontario, Canada: Arbitrator Upholds Mandatory COVID-19 Vaccination Policy By www.littler.com Published On :: Fri, 12 Nov 2021 21:23:15 +0000 On November 9, 2021, in United Food and Commercial Workers Union, Canada Local 333 v. Full Article
co Supreme Court finds exclusive arbitral jurisdiction in Manitoba human rights disputes By www.littler.com Published On :: Tue, 21 Dec 2021 16:21:38 +0000 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 View Full Article
co Congress Passes Bipartisan Arbitration Limitation By www.littler.com Published On :: Fri, 11 Feb 2022 23:22:55 +0000 Update: This bill was signed into law on March 3, 2022. Full Article
co British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination By www.littler.com Published On :: Wed, 13 Apr 2022 17:35:47 +0000 On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting the dismissal of the grievor because she was ineligible to work under the order issued b Full Article
co Canada: Key Trends in Arbitration Awards Pertaining to Mandatory COVID-19 Vaccination Policies By www.littler.com Published On :: Wed, 27 Apr 2022 14:34:41 +0000 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. Full Article
co Congress Considers Banning Discretionary Clauses in ERISA Plans By www.littler.com Published On :: Thu, 19 May 2022 17:44:57 +0000 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). Full Article
co Supreme Court Permits Arbitration of Individual PAGA Claims By www.littler.com Published On :: Fri, 17 Jun 2022 13:27:17 +0000 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. Full Article
co Savings Clause Results in Oregon Supreme Court Affirming Enforceability of Arbitration Provision By www.littler.com Published On :: Fri, 15 Jul 2022 19:45:07 +0000 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 Full Article
co Oregon Supreme Court Affirms Enforceability of Arbitration Provision By www.littler.com Published On :: Tue, 26 Jul 2022 16:21:21 +0000 Christine Sargent writes about an Oregon Supreme Court case that affirmed the importance of implementing enforceable arbitration agreements. SHRM Online View (Subscription required.) Full Article
co Ontario, Canada Human Rights Tribunal Finds it Has Concurrent Jurisdiction with Labour Arbitrators to Decide Human Rights Claims in Unionized Workplaces By www.littler.com Published On :: Thu, 13 Oct 2022 20:25:07 +0000 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. Full Article
co What We Learned from Whistleblowers and Their Complaints in 2022 and What to Watch Out for in 2023 By www.littler.com Published On :: Fri, 10 Feb 2023 15:46:41 +0000 Full Article
co Ontario, Canada Arbitrator Finds Employer Did Not Violate Collective Agreements by Not Recognizing National Day of Mourning as a Paid Holiday By www.littler.com Published On :: Tue, 07 Mar 2023 16:02:15 +0000 Arbitrator dismissed four union grievances alleging National Day of Mourning should have been a paid holiday. It is not enough for a day to be referred to as a “holiday” by a governmental entity to be deemed as such for collective agreement purposes; a legislative process culminating in the proclamation of the day as a “holiday” is required. Full Article
co Arbitrator upholds reasonableness of hospital vaccination policy for termination of non-compliant By www.littler.com Published On :: Thu, 22 Jun 2023 19:08:17 +0000 Rhonda B. Levy and Barry Kuretzky discuss a case in which an arbitrator issued the first award in Ontario to address and uphold the reasonableness of a hospital vaccination policy that allows employers to terminate employees for non-compliance. Human Resources Director Canada View (Subscription required.) Full Article
co California Supreme Court Holds Plaintiffs with Arbitration Agreements Retain Standing to Pursue Non-Individual PAGA Claims in Court By www.littler.com Published On :: Tue, 18 Jul 2023 22:11:01 +0000 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. Full Article
co California Appellate Court Decision Limits Power of Arbitrators to Cure Late Arbitration Payments By www.littler.com Published On :: Mon, 14 Aug 2023 21:16:32 +0000 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. Full Article
co What's Contributing to the Decline in SF Superior Civil Filings? By www.littler.com Published On :: Wed, 15 Nov 2023 16:24:04 +0000 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 View (Subscription required.) Full Article
co Employers can count sick leave credits as paid medical leave days under CLC: arbitrator By www.littler.com Published On :: Tue, 12 Mar 2024 19:38:37 +0000 Rhonda Levy, Adrian Jakibchuk, Barry Kuretzky and George Vassos comment on an arbitrator’s ruling that federal employers can count employees’ sick leave credits as paid medical leave days under the Canada Labour Code (CLC) if their own program provides “a more favourable benefit” to workers. Human Resources Director Canada View Full Article
co U.S. Supreme Court Clarifies When the Federal Arbitration Act’s “Transportation Exemption” Applies By www.littler.com Published On :: Mon, 15 Apr 2024 21:47:00 +0000 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”). Full Article