The pay gap – or paying women and other historically marginalized groups less for the same or substantially similar work – has long been in the media spotlight. But as employees, boards, consumers, and the public are increasingly expecting more from organizations surrounding diversity, equity, and inclusion, the stakes for employers regarding pay equity continue to rise. Politicians have also taken note.

The Decent Work Agenda (DWA) 2023 is the most important Portuguese legislative package dedicated to labor and employment law enacted over the last 10 years. The DWA entered into force on May 1, 2023, and has modified more than 70 aspects of the Portuguese Labor Code and other employment-related legislation (e.g., social security, temporary work law, Portuguese Labor Code of Procedure, and the Act for Services of Inspection by the Portuguese Labor Administration).

UPDATE: Governor Hochul signed this bill on November 16, 2023, which will take effect one year from signing.

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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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On November 10, 2021, the IRS released Revenue Procedure 2021-45, which contains its annual inflation adjustments for over 60 tax provisions, including not only individual income tax rates and deductions, but also many employer-provided benefits.

After two years of dealing with a pandemic, European countries are now shaken by record levels of inflation and flagging growth. To help households cope with this situation, which currently shows no sign of improving, governments and employers across Europe are adopting evolving policies.

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

Kerry E. Notestine, Chad J. Kaldor, Shawn Matthew Clark and Garrick D. Josephs compare and contrast the Maryland WARN Act and its federal counterpart, the Worker Adjustment and Retraining Notification (WARN) Act.

SHRM

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Kerry Notestine, Chad Kaldor, Shawn Matthew Clark and Garrick Josephs discuss the Maryland WARN Act and compares and contrasts it with its federal counterpart, the Worker Adjustment and Retraining Notification (WARN) Act.

Wolters Kluwer

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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

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).

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.  

William H. Foster and Katie E. Towery examine the impact President Biden’s “America’s Jobs Plan” might have on South Carolina’s growing businesses and workforce. 

Association of Corporate Counsel South Carolina

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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:

In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual basis an employer must possess to justify ordering a drug test based on suspicion of impairment.

Felicia Watson said lawmakers should oppose a proposed OSHA rule to protect workers from extreme heat because it would force employers into the role of taking care of employees like children.

E&E News

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The district court's opinion denying cross-motions for summary judgment in Bobbitt v. Broadband Interactive, Inc., No. 8:11-cv-2855 (M.D. Fla. Oct. 21, 2013) illustrates how not to structure an independent contractor relationship and how not to lay the groundwork to defend that relationship in the event of litigation.  The case also serves as a warning that even well-conceived independent contractor relationships may be open to question by a court that is inclined to distrust them.

Background

Mark Phillis discusses the practice of looking to HR professionals to testify in court and conduct workplace investigations.

Bloomberg BNA Human Resources Report

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PROVIDENCE, R.I. (May 20, 2024) – Littler, the world’s largest employment and labor law practice representing management, continues to expand its shareholder ranks with the addition of Gregory Tumolo in its Providence, Rhode Island office. He joins the firm from Lewis Brisbois Bisgaard & Smith, where he was co-chair of the Employment Advice and Counseling practice group. Tumolo’s arrival follows several recent additions at the shareholder level, including Stephen Shore (Toronto), John Tripoli (Milwaukee) and John Nordlund (San Diego).

(June 6, 2024) – Littler, the world’s largest employment and labor law practice representing management, and its attorneys have again been recognized by Chambers and Partners in its Chambers USA 2024 guide. Based on in-depth market analysis and independent study, the Chambers USA guide ranks the leading lawyers and law firms across all 50 states and Washington, D.C., covering hundreds of practice areas.

(August 22, 2024) – Littler, the world’s largest employment and labour law practice representing management, and its attorneys in several Latin American offices have once again been recognized by Chambers and Partners in the Chambers Latin America 2025 guide.

Littler’s Colombia and Costa Rica offices earned a Band 1 ranking for Labour & Employment and its Mexico, Puerto Rico and Venezuela offices received band rankings in the same practice area.

In addition, the following attorneys were named as leaders in the field for the Labour & Employment practice area:

Zoe Argento, Kwabena Appenteng, Alyssa Daniels, Philip Gordon, Rajko Herrmann, Soowon Hong, Renata Neeser, Naomi Seddon, Christina Stogov and Grace Yang share a comprehensive guide for how employers can ensure data protection as they implement artificial intelligence.

Corporate Compliance Insights

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Joycelyn Stevenson shares four key points employers should consider when it comes to politics at work.

Nashville Business Journal

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The Senate recessed, leaving two nominees key to the partisan balance on the National Labor Relations Board in limbo, and Michael Lotito says it’s a sign that their confirmations are not guaranteed.

Law360

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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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Bradford Kelley, Jim Paretti and Eduardo Reyes Chavez say a new administration could lead to changes in AI compliance requirements for employers nationwide.

Law360

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Michael Lotito, Jorge Lopez, Shannon Meade and Jim Paretti say employers are likely to see immigration raids, agency chair replacements, a slowing in regulatory activity and DEI limitations under the Trump administration.

HR Dive

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Michael Lotito says everything is on the table when it comes to changes the Trump administration will make in American labor.

Bloomberg Law

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Shannon Meade says Democrats and Republicans both want to make progress on paid leave, but no one is sure whether a national paid leave program will be among their priorities.

Corporate Counsel

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