c

Insight: Puerto Rico Labor secretary clarifies application of Act 27-2024

Verónica M. Torres-Torres explains new guidance on exemptions for remote workers and airline staff in Puerto Rico.

News is My Business

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c

Navigating the New Jersey Department of Labor: Ensuring Wage, Hour and Benefit Compliance




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New Normal: New Challenges: Guidance for Navigating Facial Covering Requirements and the Challenges of Non-Compliance

Chelsea Lewis provides recommendations for navigating the challenges that may arise when customers or clients refuse to abide by COVID-19 mandates.

ACC South Florida

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The Playbook for Law Firm Leadership Has Been Rewritten During the Crisis

Erin Webber explains how a remote environment requires more leadership responsibility, skills and choices.

The American Lawyer

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Protection for Criminal Antitrust Whistleblowers Signed into Law

Largely overshadowed by the rise in COVID-19 deaths and the January 6, 2021, siege on the Capitol, the Criminal Antitrust Anti-Retaliation Act of 2019 (“the Act”) became law on December 23, 2020. See 15 U.S.C. § 7a-3. The Act, which Senator Chuck Grassley sponsored, prohibits employers from retaliating against individuals who report criminal antitrust violations to their employer or the federal government, or who participate in a federal governmental criminal antitrust investigation or proceeding.  

Background




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Employment Law Implications of the New Anti-Money Laundering Act

When Congress overrode President Trump’s veto of the National Defense Authorization Act on January 1, 2021, it enacted the Anti-Money Laundering Act (AMLA), which was part of the defense authorization bill.  In doing so, Congress implemented the most sweeping anti-money-laundering statute since the USA PATRIOT Act.  In addition to a number of regulatory reforms and new disclosure requirements, the AMLA has put into place new whistleblower protections, adding to the range of statutes that have effectively created anti-retaliation provisions for virtually every activity regulated by federal




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Medical and Recreational Marijuana in Arizona




c

Biden's DOL Pick Walsh In The Hot Seat: What To Watch For

Michael Lotito shares his predictions for workplace training and labor management under Marty Walsh’s leadership.

Law360

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c

Oregon Employment Law Update: Legislators Debate Big New Changes




c

Compliance Coffee Talk: Colorado's New Equal Pay Transparency Job Posting and Internal Promotion Notice Requirements




c

The Department of Labor Establishes New Whistleblower Protocols

On February 19, 2021, the U.S.




c

Avoiding Whistleblower Claims In The COVID-19 Era

Jeanine Conley Daves and Alexa Laborda Nelson explain how employers can take steps to ensure they are in compliance with the recent COVID-19 relief plans and avoid potential whistleblower litigation.

Chief Executive

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The Right to Recall: New Obligations for Employers in California and Beyond




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New Whistleblowing Law Applies to Internal Complaints

Philip Berkowitz weighs in on the Anti-Money Laundering Act’s whistleblower protections that took effect this year.

SHRM Online

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c

Avoid litigation, loss of trade secrets when employees leave

Joon Hwang advises employers to review and scope the terms of their restrictive covenants and confidentiality agreements to ensure they are well defined to meet their business interests.

Pit & Quarry

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The Anti-Money Laundering Act Expands Whistleblower Protections

The recently enacted Anti-Money Laundering Act significantly increases the potential value of awards for whistleblowers under the Bank Secrecy Act. The challenge for a financial services employer is to establish that discipline against an employee in a compliance role is supported by evidence that the decision was based on the employee's incompetence or other inappropriate behavior, and that any whistleblowing activity he or she engaged in was not a consideration. Philip M. Berkowitz explores the issues in this edition of his Employment Issues column.

 




c

FCA and PRA proposals for more intensive monitoring and public reporting of diversity are ground breaking

Natasha Adom discusses proposals from the FCA, PRA and Bank of England that would require financial services firms to provide more detailed monitoring and report of diversity and inclusion. 

IFA Magazine

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c

Arizona Employers Should Note Expanded State and Local Anti-Bias Laws

Steve Biddle examines the recently expanded Arizona Civil Rights Act (ACRA) as well as new ordinances passed by Arizona cities that expand protected categories and coverage.

SHRM Online

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FCA diversity plans: 'My client said, don't let them know you’re gay’

Natasha Adom discusses measures FCA, PRA and BoE regulators are considering to improve diversity and inclusion in the financial services sector. 

Investment Week

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c

Internal Disclosures from Compliance Audits –What Could Go Wrong?

Compliance or internal audit departments frequently carry out audits intended to assure that business partners in an organization, such as human resources or legal departments, have in place policies and procedures that are effective for maintaining corporate compliance and consistent with the myriad laws with which the organization must comply, including employment, whistleblower, and anti-bribery and corruption.  These reviews are often not confined to policies but may also seek review of actual compliance events and sensitive contemporaneous records.  For example, in the case of an inte




c

4 Things Employers Should Know About the Vaccination Gap

Devjani Mishra discusses employers coming up with COVID-19 safety rules that are appropriate for their own workplace.

Law360 Employment Authority

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c

Certain California Employers Face Hurdles When Recalling Laid-Off Workers

Michael Lotito and Bruce Sarchet share their thoughts on SB 93, a new California law that requires some employers in the hospitality industry to prioritize recalling workers who were laid off due to COVID-19.

SHRM Online

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c

Connecticut Limits Inquiries into Age of Job Applicants

Kyle Roseman and Lori Alexander examine a new law in Connecticut, Public Act 21-69, which bans employers from inquiring into the ages of prospective employees "on an initial employment application."

SHRM Online

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c

Positive discrimination: the case for legal reform

Raoul Parekh and Natasha Adom write in support of updating laws to help give employers more freedom to create the real change that so many want and promote more diversity and equality in workplaces.

The Law Society Gazette

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c

Texas Expands Protections for Employees Asserting Sexual-Harassment Claims

Michael Royal and Alyssa Peterson discuss two new laws that will bring changes for employers in Texas by expanding protections for employees who assert claims of sexual harassment under the Texas Labor Code.

SHRM Online

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c

Allyship: An Important Part of the Inclusion, Equity, and Diversity Conversation

Kimberly J. Dowd, Chelsea Lewis and Kameron Miller explain the meaning of “allyship” and how it can be applied in the workplace. 

ACC North Florida

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c

Can they force you to get vaccinated at work?

Jorge Sales Boyoli answers questions about whether mandates requiring employees to get vaccinated are legal under Mexico’s labor laws.

Entrepreneur

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c

When Does Tough Talk Rise to an Ethical Violation or Even Extortion?




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2021 Houston Employer Conference




c

Europe and Canada Seek to Mandate Human Rights Due Diligence and Transparency Obligations on Companies and Their Global Partners

This year has seen a number of international and regional legislative efforts imposing human rights due diligence and transparency obligations on multinational employers. 




c

Azeem Rafiq racism case a ‘classic example of failure’

Natasha Adom weighs in on racism experienced by former cricket player Azeem Rafiq.

Personnel Today

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c

U.S. Enacts Law Barring Products Made With Forced Labor in China

On December 23, 2021, President Joe Biden signed into law the Uyghur Forced Labor Prevention Act (the “Act”),1 which bars the importation into the United States of products made from forced labor in the Xinjiang region of China.  This Act will significantly impact many multinational employers’ supply chains because raw materials from this region – such as cotton, coal, chemicals, sugar, tomatoes and polysilicon (a component in solar panels) – have found their way into many global supply chains.  Indeed, these materials arrive on U.S.




c

Corporate Board Diversity: Next Steps for Employers After Court Strikes Down California Board Diversity Law

On April 1, 2022, a Los Angeles County Superior Court ruled that California Assembly Bill 979—a bill designed to increase diversity and improve the persistently low number of underrepresented groups on corporate boards—violated the Equal Protection Clause of the California Constitution and was therefore unenforceable. In its ruling, the court acknowledged the pitfalls of homogeneity in business and communities, but it cautioned against quotas and specific number requirements.




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2022 Nevada Regional Employer Conference - Las Vegas




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2022 Nevada Regional Employer Conference - Reno




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2022 St. Louis Regional Employer Conference




c

Beware of lying on the resume: Not only can you lose your job but commit a crime

Miguel Arberas explains that those who lie about their training and training to get a job can be dismissed even if there is no damage. 

EL PAÍS

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c

Election Impact: Upcoming Policies to Consider




c

How to Identify Forced Labor in Supply Chains

Donald Dowling says abusive labor practices are a huge problem around the world, and often the smaller local manufacturers, miners and growers within countries that are committing labor abuses are bigger problems than the multinational firms.

SHRM Online

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c

The New Normal: Continuing Considerations of Hybrid and Remote Work




c

New Anti-Money Laundering Whistleblower Improvement Act Expands Coverage and Strengthens Incentives for Whistleblowers

On December 29, 2022, President Biden signed a new whistleblower law that significantly increases the risk and cost of whistleblower claims for domestic and overseas financial services institutions that must be cognizant of anti-money laundering (AML) laws and regulations. This covers 26 categories of institutions, including banks, branches and agencies of foreign banks, broker-dealers, insurance companies, operators of credit card systems, mutual funds, certain casinos, and travel agencies.




c

What Does the Supreme Court’s Decision Not to Review the Standard for Attorney-Client Privilege Mean for Employers?

As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the requirements of employment laws and regulations. When is such advice protected from disclosure under the attorney-client privilege?




c

2023 Mid-Atlantic Regional Employer Conference




c

Supreme Court: False Claims Act Liability Depends on Defendant’s Subjective Belief

On June 1, 2023, in United States ex rel.




c

Massachusetts Expands Reasons for Use of Earned Sick Time

The Massachusetts legislature has expanded the reasons employees can use Massachusetts Earned Sick Time through provisions in a larger bill entitled, “An Act Promoting Access to Midwifery Care and Out-of-Hospital Birth Options.”  Employees may now use Massachusetts Earned Sick Time to “address the employee’s own physical and mental health needs, and those of their spouse, if the employee or the employee’s spouse experiences pregnancy loss or a failed assisted reproduction, adoption or surrogacy.”




c

New OFCCP Construction Scheduling Letter and Itemized Listing

  • OFCCP’s new Construction Scheduling Letter and Itemized Listing include a number of key revisions and obligations for covered construction contractors and subcontractors.
  • Changes include a new Item to the Construction Scheduling Letter seeking information about tests and selection procedures, including those using artificial intelligence, algorithms, and automated systems.




c

New Developments on the Enforceability of Releases in Brazil

In 2017, companies in Brazil welcomed changes to its labor code that introduced the option for securing enforceable releases to employment law claims. The changes to the labor code included allowing parties to seek a ratification of a private settlement with the labor courts. The rationale behind the new law was to permit parties to settle matters in an amicable way, thereby reducing judicial disputes.




c

Canada Imposes New Language and Field of Study Requirements on Its Post-Graduation Work Permit Program

On September 18, 2024, Canada announced that it would impose new language and field of study eligibility requirements on its Post-Graduation Work Permit (PGWP) Program.




c

Ontario, Canada Human Rights Tribunal Determines Volunteer Asked to Remove Rainbow Sticker Did Not Experience Discrimination

  • HRTO dismissed a volunteer’s claim that he experienced discrimination because of his sexual orientation, gender identity and gender expression when he was asked to remove 2SLGBTQ2 symbol from his name badge, because the organization’s Dress Code applied to all volunteers and to any and all alterations to name badges. 




c

Sixth Circuit Clarifies Employer’s Bargaining Obligations During Public Health Emergencies

  • A recent Sixth Circuit decision provides some guidance to employers regarding bargaining obligations during exigent circumstances like the COVID-19 pandemic or other public health emergencies.
  • In general, an employer can make unilateral decisions to address unforeseen circumstances that have a major effect on the economics of its operations, but this right is not without limits.