In RAV Truck & Trailer Repairs, Inc., 372 NLRB No. 25 (Dec. 14, 2022), the National Labor Relations Board (NLRB) issued a supplemental decision in a case that will have implications for employers seeking to close shop, especially those operating in multiple locations.

In late January 2023, the UK Government published a draft Code of Practice on Dismissal and Re-engagement. The trigger for the draft Code was the increased attention on the use of dismissal and re-engagement (also known as “fire and rehire”) by employers during the COVID-19 pandemic.

Survey of more than 450 employers reveals critical insights on layoffs, hiring practices and more

(March 8, 2023) – Littler, the world’s largest employment and labor law practice representing management, has released the results of its latest Employer Pulse Survey Report: 2023 Economic Outlook, based on responses from more than 450 in-house lawyers, C-suite executives and human resources professionals across the United States.

On March 13, 2023, Ontario announced that it is proposing two amendments to the Employment Standards Act, 2000 (ESA) and related regulations.

Employees Who Work Solely from Home to Become Eligible to Receive Enhanced Notice in Context of Mass Termination  

On March 20, 2023, Ontario introduced Bill 79, Working for Workers Act, 2023 for First Reading.

In Pham v.

Compliance with the New York Worker Adjustment and Retraining Notification (NY WARN) Act just got harder (again). On June 21, 2023, the New York Department of Labor’s amendments to the NY WARN regulations took effect and some of the changes are sweeping.

Employer Coverage

Under the amended regulations, the definition of a covered employer is expanded to count not just employees at a single site of employment in the state, but also employees who work remotely but are “based at the employment site.”

New Notice Content Requirements

Governor Philip D. Murphy recently signed Assembly Bill 4682 / Senate Bill 2389, establishing various employment protections for specific “service employees” during changes of ownership. This bill goes into effect on October 22, 2023—90 days from signing.

Amber Spataro and David Ostern examine New Jersey’s new Assembly Bill 4682, which establishes various employment protections for specific "service employees" during changes of ownership.

SHRM Online

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On October 26, 2023, Ontario’s Bill 79, Working for Workers Act, 2023 (Bill 79) received Royal Assent and came into force. The statutes amended by Bill 79 include the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act (OHSA) and the Employment Protection for Foreign Nationals Act, 2009 (EPFNA).

ESA Amendments

Bill 79 made the following amendments to the ESA:

On November 25, 2023, O. Reg. 340/23: TERMINATION AND SEVERANCE OF EMPLOYMENT made under the Employment Standards Act, 2000 (ESA) (Regulation), amending O. Reg.

For In-house Counsel or HR professionals in Asia, what are some key issues to be aware of when implementing a business restructure?

There are some key areas you will want to focus on when restructuring a business operation in the APAC region.

Currently, employees in the UK on statutory maternity, adoption or shared parental leave who are at risk of redundancy have priority rights to be offered a suitable alternative vacancy (but only where such a vacancy exists).

New regulations have been introduced to extend redundancy protections, both before (for pregnant employees only) and after the return to work. These regulations arose in response to research that found that mothers returning from maternity leave still faced discrimination in the workplace after returning from leave.

Dear Littler,

 We are a professional services company with employees in various states. During the pandemic we shifted to fully remote work. As the pandemic subsided, we still leaned into remote work to attract and retain talent who preferred remote work. We also shifted our focus almost exclusively to digital services that did not require an in-person presence since our clients were also remote. We kept most of our physical offices intact but downsized some square footage to reduce our overhead.

Javier Thibault weighs in on the Spanish parliament’s recent labor reform agreement and its effects on the recovery and the labor market. 

Confilegal

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As many states are raising the minimum wage for state employees, Shannon Meade explains that minimum wage increases will differ based on where the employees are located.

Law360 Employment Authority

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Michael Lotito weighs in on a New York measure that would establish a policy-making council that would set rules on pay, safety and working conditions "as reasonably necessary" to protect worker welfare.

Law360 Employment Authority

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Diana Dickinson and Montgomery Paek write about how employers can protect themselves against employment law class actions and discuss a few issues in Nevada that have sparked significant class action litigation and appellate review.

Clark County Bar Association

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Shannon Meade talks about how the pandemic has upended the labor market, pushing employees to realize the benefits of higher pay and forcing employers to offer better pay and flexibility.

Law360 Employment Authority

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Lisa (Lee) Schreter weighs in on employers paying employees in cryptocurrencies and the legal questions that may raise.

Bloomberg Law

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As a result of subcontracting reform, Jorge Sales Boyoli explains that some companies want to distribute profits under conservative criteria and plan to compensate by distributing an additional bonus. 

El Diario Mexico

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Jorge Sales Boyoli weighs in on a reform that was almost passed in Mexico, which “violates the most sacred thing that a worker has: his salary.” 

El Heraldo de Mexico

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Jeanine Conley Daves discusses the fact that women still, in the year 2022, are rarely compensated on par with their male counterparts and suggests solutions for workplace parity.

Philadelphia Business Journal

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Jorge Sales Boyoli talks about the outsourcing law came into force last year, who will receive profits and the new challenges that have come with it. 

El Heraldo de México

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Jorge Sales Boyoli discusses the Participation of Workers in the Utilities (PTU) in Mexico and how it is affecting employers and employees this year.

El Heraldo de Aguascalientes

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William Foster and Katie Towery share the changes in the legal landscape and how it could result in manufacturers’ increased liability for workplace accidents. 

Industry Today

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Rhonda Levy and George Vassos discuss a recent British Columbia Supreme Court case that directed an employee’s CERB payment to be deducted from wrongful dismissal damage awards.

Human Resources Director Canada

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Eli Freedberg explains that there are lots of gray areas for employers in a New York City law that requires them to post pay ranges in their job ads.

Bloomberg Law

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Eli Freedberg discusses New York’s controversial new pay transparency law.

Law360 Employment Authority

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Lee Schreter and Justin Brown suggest four practical recommendations for companies that opt to issue crypto outright in connection with employees’ wages.

The Fashion Law

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Rhonda Levy and George Vassos explain Ontario’s Election Act, under which every employee who is qualified to vote is entitled to three consecutive hours to vote while the polls are open.

Human Resources Director Canada

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Iván López García de la Riva discusses Spain’s plan to raise severance payments in certain situations. 

CincoDías

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Lee Schreter comments on why raising the overtime salary threshold might not be a good idea with a recession on the way.

Law360 Employment Authority

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Lee Schreter comments on the U.S. Department of Labor’s proposed overtime rule, which is tentatively slated to be released in October, and the Fair Labor Standards Act’s independent contractor rule.

SHRM Online

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Shannon Meade talks about states implementing minimum wage increases, increases in employers’ total compensation packages and the trend in “unretirements.”

HR Dive

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Paul Piccigallo talks about considerations for employers when raising minimum wage in the midst of rising inflation.

SHRM Online

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David Carvalho Martins answers questions about the payment of remuneration – or benefits – in cryptocurrencies. 

Human Resources Portugal

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Melissa Cee and Erin Webber discuss hiring the sixth shareholder at Littler – Noah Garber – since July as part of Littler’s new talent strategy that the firm began developing last year. 

The Recorder

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Michael Lotito talks about the fifth-annual Labor Day Report from Littler’s Workplace Policy Institute, which examined the state of the labor market and several impending worker-friendly changes to state and federal workplace policy.

Law360 Employment Authority

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Denise Visconti offers tips to help employers navigate California’s SB 1162, which will require employers to disclose median and mean hourly rates and pay information on contractors, starting in May 2023.

Law360 Employment Authority

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Michael Lotito weighs in on the U.S. Department of Labor's Wage and Hour Division’s key proposals and nominations.

Law360 Employment Authority

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Claire Deason weighs in on whether employers are obligated to pay for remote employees' commutes into work, business expenses and paid sick time.

Law360 Employment Authority

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Sebastian Chilco and Wendy Buckingham discuss a new San Francisco law that aims to increase income and employment security for private-sector employees when they perform military service.

SHRM Online

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Joy Rosenquist offers employers tips to manage compliance challenges that may arise from California’s new regulations that are designed to increase pay transparency.

WorldatWork

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The state of epidemic emergency in Poland will be lifted on July 1, 2023, and Paweł Sych explains how this will affect workers and employers.

interia biznes

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While significant bills impacting Connecticut employers were signed into law, proposed employer mandates on pay transparency, paid sick leave, and predictive scheduling failed to gain the necessary votes for passage in 2023. Here are some of the year’s notable legislative developments.

What Passed . . .

Effective October 1, 2023, unless otherwise noted: