For nearly a decade, Chicago has maintained a “ban-the-box” ordinance restricting employer’s use of criminal records in employment screening. This ordinance largely mirrored the requirements of Illinois’ state-wide Job Opportunities for Qualified Applicants Act (JOQAA), albeit with some important differences.

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.

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”).

Keith A. Jacoby explains what makes Mark Rudy a good mediator.

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On November 9, 2021, in United Food and Commercial Workers Union, Canada Local 333 v.

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

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.

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.

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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.  

In light of President Biden signing the Speak Out Act, Elizabeth A. Lalik, Lauren M. Bridenbaugh and Jim Paretti say this is a good time for employers to review their policies and practices for handling sexual harassment incidents that fall under all applicable federal and state statutes.

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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

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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.

Alexander MacDonald explains when California employers’ employment agreements are subject to state law and AB 51 may apply. 

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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

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On August 2, 2021, Denver, Colorado Mayor Michael B. Hancock announced that all city employees, as well as private-sector workers in certain “high-risk” settings, must be fully vaccinated against COVID-19 by September 30, 2021. After September 30, unvaccinated individuals covered by this mandate will not be permitted to work onsite or in the field. In order to meet this September 30 deadline, employees covered by this requirement must receive their final doses of the vaccine by September 15.

Who is Affected by the Vaccine Mandate?

Puerto Rico Governor Pedro R. Pierluisi recently issued back-to-back executive orders (EO) regarding COVID-19. It appears that the third EO was stuck in holiday traffic. This latest EO, like her sisters, amends November’s EO-2021-075 to curtail COVID-19 infections.

Anabel Rodríguez-Alonso and José L. Maymí-González examine Puerto Rico’s new back-to-back executive orders regarding COVID-19.

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On February 5, 2024, the NLRB’s Regional Director for Region 1, Laura Sacks, issued a written decision finding that Dartmouth’s men’s basketball players are employees under the National Labor Relations Act. Based on their status as employees, Regional Director Sacks found, Dartmouth’s men’s basketball players are eligible to vote in a union election petitioned for by Local 560 of the Service Employees International Union, a labor union that already represents several other more traditional employee groups at Dartmouth.

Tyler Sims discusses the potential wage-and-hour implications of Dartmouth College’s men’s basketball team voting to form what may become the NCAA’s first-ever athlete labor union.

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On August 9, 2024, the NLRB denied Pardee RAND Graduate School’s (“RAND”) request for review of a regional director’s Decision and Direction of Election (DDE) finding that a petitioned-for unit of graduate policy researchers was an appropriate bargaining unit. The Board found that RAND’s request raised no substantial issue warranting review.

On March 26, 2024, the Phoenix (Arizona) City Council unanimously passed an ordinance requiring all city contractors and subcontractors to develop and maintain a written heat safety plan to prevent heat-related illnesses and injuries in the workplace. Outdoor workers in Phoenix may be susceptible to heat-related illness and injury due to the extreme Arizona temperatures.

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

David Goldstein talks about some differences as the Labor Department proposes changes to a Trump-era rule that it says “undermined” how it handles and resolves discrimination claims by federal contractors.

Government Executive

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Jim Paretti offers advice on the EEOC's latest warning about AI bias in hiring, which may prompt employers to conduct AI audits, either done internally or with independent third parties.

TechTarget

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A New York state judge has denied motions to dismiss actor Julia Ormond's claims against a film company, its parent company, and a talent agency based on conduct by film producer Harvey Weinstein, who Ormond alleges assaulted her in December 1995 in her Manhattan apartment. In her lawsuit, Ormond alleges that these entities knew about Harvey Weinstein's predatory behavior before he sexually assaulted her in 1995 and failed to protect her. The ruling allows the case to proceed, highlighting the potential scope of liability of these companies.

(November 16, 2023) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that attorneys in its Colombia, Portugal, Puerto Rico and Spain offices have been recognized in the 2024 edition of Best Lawyers^®.

The individual attorneys that were recognized include the following:

MEXICO (December 7, 2023) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that attorneys in its Mexico offices have been recognized in the 2024 edition of Best Lawyers^®.

The individual attorneys that were acknowledged include:

(January 2, 2024) – Littler, the world’s largest employment and labor law practice representing management, is ringing in the new year with a new shareholder class. The firm elevated 26 attorneys to shareholder across its U.S., Mexico and Singapore offices, effective January 1, 2024.

(January 24, 2024) – Littler, the world’s largest employment and labor law practice representing management, has elected five new members to its 2024 board of directors: William Anthony (New York), Kristine Grady Derewicz (Philadelphia), Danielle Herring (Houston), Charlotte Main (Atlanta) and Stephan Swinkels (Amsterdam). Additionally, Michael Wilder has been reelected as board chair.

(April 3, 2024) – Three attorneys from Littler, the world’s largest employment and labor law practice representing management, have been selected for the 2024 Leadership Council on Legal Diversity (LCLD) Fellows and Pathfinders programs. Shareholder Karimah J. Lamar (San Diego) will serve in the 2024 LCLD fellows class, and Associates Warsame Y.

TORONTO (April 15, 2024) – Littler, the world’s largest employment and labour law practice representing management, has added Stephen Shore as a partner in its Toronto office. Shore joins from Ogletree Deakins and represents employers across all areas of employment and labour law.

New arrival comes as Stephen Shore is appointed Littler’s Toronto Office Managing Partner

TORONTO (June 3, 2024) – Littler, the world’s largest employment and labour law practice representing management, has added Shana French as a partner in its Toronto office. Her arrival comes as Stephen Shore, who joined Littler in April, is named Office Managing Partner in Toronto. French joins from Sherrard Kuzz and marks Littler’s seventh partner level addition since the beginning of April.

NASHVILLE, Tenn. (June 4, 2024) – Bruce Buchanan, an attorney in the Nashville office of Littler, the world’s largest employment and labor law practice representing management, has published the 2024 edition of The I-9 and E-Verify Handbook, along with co-author Greg Siskind of Siskind Susser, PC.

TORONTO (June 17, 2024) – Littler, the world’s largest employment and labour law practice representing management, continues its hiring streak in Toronto today with the addition of Matthew Badrov as a partner. Badrov, who joins from Sherrard Kuzz, marks Littler’s third partner addition in Toronto in recent months, following the arrivals of Shana French and Stephen Shore.

(June 21, 2024) – Littler, the world’s largest employment and labor law practice representing management, and its attorneys have been featured in the 2025 editions of Best Lawyers^® in France, Germany, Italy and the United Kingdom.

The individual attorneys that were listed include the following:

New Additions Follow Arrival of Three Partners in Recent Months

(August 15, 2024) – More than 240 lawyers  from Littler, the world’s largest employment and labor law practice representing management, have been included in the 31st edition of The Best Lawyers in America^® guide.

LOS ANGELES (August 19, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Phillip Antablin as a shareholder in its Century City office in Los Angeles. Antablin previously served as Senior Counsel at Epstein Becker Green.

Joy C. Rosenquist, Rick Reyes and Blair C. Senesi examine California’s new Freelance Worker Protection Act (FWPA), which aims to provide greater protections to freelance workers.

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(May 8, 2024) – In an election year that could significantly impact the future of employment and labor law, U.S. employers expect heightened regulatory enforcement as they navigate a host of workplace issues, including the disruptive impact of artificial intelligence (AI) and managing divisive political beliefs among employees.

Stephen Shore discusses a new law in Saskatchewan, Canada, that requires employers to create workplace violence prevention programs and inform employees about other workers who have a history of violent behavior.

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Rod M. Fliegel and Cirrus Jahangiri discuss what a recent court of appeal decision means for employers in California, who are often restricted from access to employees’ public records, including criminal history information.

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In a significant decision focused on public employers, the Supreme Court of Canada (SCC) recently held that Ontario public school boards are “government” and, as such, they are subject to the provisions of the Canadian Charter of Rights and Freedoms (Charter), and their teachers are protected from unreasonable search and seizure in their places of employment. In York Region District School Board v.

Jim Paretti says the Trump administration’s previous agenda and stance toward IE&D will likely repeat when he returns to office.

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