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Salary History Ban Coming to Federal Employers and Contractors

Joy Rosenquist talks about the impact of an executive order banning the use of salary history in hiring by federal agencies and contractors.

WorldatWork

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These Denver law firms employ the highest percentage of women lawyers

Erin Webber talks about the importance of networks, mentors and benefits for women and working moms in law firms.

Denver Business Journal

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Preliminary Injunction Against Illinois Equivalent Benefits Law for Temporary Workers

In November 2023, soon after Illinois Governor JB Pritzker signed amendments to the Illinois Day and Temporary Labor Services Act (the “Act”), several staffing agencies and associations sued for an injunction against enforcement of certain provisions of the Act.  In Staffing Services Association of Illinois v. Flanagan, Case No. 23-CV-16208, these parties claimed that Sections 11, 42, and 67 of the Act were preempted by the National Labor Relations Act (NLRA), the Employee Retirement Income Security Act of 1974 (ERISA) and the due process clauses of the U.S.




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New Oregon Law (Mostly) Aligns OFLA and Paid Leave Oregon to Prevent Employees from Stacking Leave Benefits

  • SB 1515, which the governor is expected to sign, provides some relief to employers under the state’s various leave laws by amending Paid Leave Oregon and the Oregon Family Leave Act (OFLA) to better align.
  • Bill amends Oregon leave laws to mitigate employee leave stacking by eliminating some state leave law concurrency.
  • Bill amends OFLA bereavement leave to a maximum of four weeks in a leave year.




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New Guidance Permits Oregon Employers to Rescind Previously Protected Unpaid Family and Medical Leave Effective July 1, 2024

Oregon’s Paid Family and Medical Leave Insurance Program (“Paid Leave Oregon”) generally provides eligible employees with up to 12 weeks of paid time off for leave that qualifies as family, medical, or safe leave. Since Paid Leave Oregon took effect on September 3, 2023, employees have been stacking Paid Leave Oregon leave benefits and Oregon Family Leave Act (OFLA) leave benefits, leaving employers frustrated with staffing shortages.




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What’s New on the Employment Law Front for In-House Leaders




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San Francisco-Based Employees? Health Care Expenditures May Be Required

  • The San Francisco Health Care Security Ordinance (HCSO) requires employers to make certain health care expenditures on behalf of their San Francisco-based employees, even if the employer is not located in the City.
  • Given the complexity of the HCSO, it is advisable to consult with experienced legal counsel to ensure full compliance with all aspects of the law.




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Why Employers Should Care About Women’s Health And Its Impact On Workplace Policies

Mikayla Almeida, Kimberly Doud and Anne Sanchez LaWer explain to employers about how implementing benefits related to women’s health and fertility could reduce turnover and retain talent.

ACC Central Florida

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San Francisco-Based Employees: Health Care Expenditures May Be Required

Anne C. Sanchez and Briana M. Swift explain what employers need to know about the San Francisco Health Care Security Ordinance (HCSO), a local ordinance that requires employers to make certain healthcare expenditures on behalf of their San Francisco-based employees.

SHRM

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Supreme Court Will Decide if Former Employees Can Sue Over Post-Employment Benefits

Ellen Donovan McCann says post-employment benefits are often the first to be amended when businesses experience budget challenges, but employers may have to take more care in changing them if SCOTUS decides that former employees can sue over those benefits.

SHRM

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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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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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Oregon Employment Law Update: Legislators Debate Big New Changes




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




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




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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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7 Dos and Don'ts When an Employee Is at Risk for Self Harm

Terri Solomon talks to HR Dive about how employers can best handle mental health crises in the office.

HR Dive

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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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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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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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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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Employer Hiring Tips As 'Ban The Box' Laws Proliferate

Stephanie Chavez offers advice to employers who are considering hiring individuals who have a criminal record.

Law360 Employment Authority

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4 Tips For Employers Paying Disabled Workers Lower Wages

Libby Henninger offers tips for employers paying disabled workers lower wages.

Law360 Employment Authority

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2021 Houston Employer Conference




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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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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




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The New Normal: Continuing Considerations of Hybrid and Remote Work




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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.




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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?




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2023 Mid-Atlantic Regional Employer Conference




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Employers Should Purge Old I-9s

Speaking about I-9 retention periods, Jorge Lopez advises employers to be prudent and make a purge process part of the I-9 compliance module.

SHRM Online

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

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




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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.




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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.




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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. 




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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.




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Littler Lightbulb: September Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month.

Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs to Treat Anxiety and Muscle Spasms




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NLRB General Counsel Explains What Remedies She Wants for Non-Competes She Considers Illegal and Promises Crack-Down on “Stay-or-Pay” Agreements

  • NLRB General Counsel Memorandum 25-01 urges the Board to seek “make whole” remedies for non-compete agreements that run afoul of the NLRA.
  • The Memorandum also alleges certain “stay-or-pay” arrangements are unlawful unless narrowly tailored.




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How can employers address varying sensitivities to DEI issues in a multinational workforce?




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UK: The Employment Rights Bill – Phase One of Employment Law Reform

  • UK Employment Rights Bill includes 28 individual employment law reforms.
  • The Bill will now make its way through Parliament and may be amended along the way.
  • This Insight summarizes key provisions of the Bill, when they would take effect, and what proposals did not make it into the 158-page document.




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Dallas Cowboys Cheerleaders and Equal Pay: What the Hit Netflix Show Tells UK Employers

The latest binge watch for many of us at GQ|Littler was the Netflix hit, “America’s Sweethearts: Dallas Cowboys Cheerleaders,” which follows a year in the life of NFL’s Dallas Cowboys cheerleading team.




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I'm a U.S.-based employer and the Foreign Corrupt Practices Act is not front burner for us. Why should we care?




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Psychedelics and Marijuana on the Ballot: How Should Employers Prepare for Potential Legalization?

Voters in several states will decide whether marijuana or, in one case, psychedelic substances should be legal in the upcoming November 5, 2024 general election. Employers should keep their eyes on these ballot measures and prepare for questions regarding changes to workplace policies if some or all of them pass. A rundown of the ballot measures in these jurisdictions follows.




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Ontario, Canada Court Orders Independent Medical Examination of Employee Claiming Indefinite Inability to Mitigate Due to Mental Health Condition

Marshall v. Mercantile Exchange Corporation, 2024 CanLII 71128  (ONSC), is an action for wrongful dismissal where the employee claimed he could not mitigate his damages by seeking alternative employment indefinitely because of a mental health condition (i.e., stress and depression) allegedly arising out of his termination. He claimed a 26-month notice period. The employer sought an independent medical examination (IME) of the employee pursuant to s.




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Employment: North America - Canada (Ontario)

A number of Littler lawyers in our office in Toronto, Ontario, Canada recently authored the Ontario section of Employment: North America for Lexology, Getting The Deal Through.

This publication provides an overview of labour and employment law in Ontario, Canada, focusing on the following categories: 




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Littler's 2019 European Employer Survey Report

European companies are navigating a variety of social and equality-related issues impacting their workplaces and, according to Littler’s second annual European Employer Survey, are increasingly channeling their concerns into concrete actions.