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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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.

At the November 5, 2024 election, California voters will determine the fate of Proposition 32, which proposes to increase the state minimum wage and provide for automatic future adjustments tied to inflation.

Attorneys Sarah Coats, Carly Compton, Christina Cordoza, Chris Johlie and Mark Flores share more about the nonpartisan election activities they have assisted with on a pro bono basis with Pro Bono Committee Member Breanne Martell.

As part of the annual National Celebration of Pro Bono hosted by the American Bar Association, Littler is highlighting various pro bono efforts from around the firm. Our attorneys and professional staff demonstrate their commitment to pro bono by providing significant efforts to organizations in their communities.
   

Attorneys Colette Kopon and August Johannsen join Pro Bono Committee Member Lavanga Wijekoon in discussing their participation in Littler’s pro bono clinic, held in collaboration with the National Immigrant Justice Center, focused on assisting migrant families seeking asylum in the U.S.

Pro Bono Committee Member Jenny Schwendemann is joined by Associate Don Nguyen, Customer Success Senior Coordinator Megan Gunn, Director Christie Bhageloe (Veterans Consortium Discharge Upgrade Program) and Associate Corporate Counsel Kate Brown (Amazon) to discuss Littler’s pro bono collaboration with Amazon in support of The Veterans Consortium.

Shareholder Rachel Fendell Satinsky speaks with Pro Bono Committee Member Dave Haase regarding her work with the Pennsylvania Innocence Project over the years.

As part of the annual National Celebration of Pro Bono hosted by the American Bar Association, Littler is highlighting various pro bono efforts from around the firm. Our attorneys and professional staff demonstrate their commitment to pro bono by providing significant efforts to organizations in their communities.
   

On June 29, 2024, Governor Newsom signed into law an amendment to California Code 1770, clarifying the scope of SB 478. Under SB 478 and previously published guidance from the attorney general, California restaurants were effectively prohibited from charging service fees or other surcharges, which many restaurants have implemented to offset rising costs, unless the amount of the service fee was specifically identified as part of the listed prices.

On October 4, 2024, the U.S. Supreme Court granted certiorari in Ames v. Ohio Department of Youth Services (Case No. 23-1039) to decide whether plaintiffs who are members of historically majority communities asserting “reverse discrimination” claims under Title VII must show there are “background circumstances” that support the inference that the defendant is the “unusual employer who discriminates against the majority.”

The “Background Circumstances” Requirement

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.

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: 

This Annual Report on EEOC Developments—Fiscal Year 2019 (hereafter “Report”), our ninth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case law and litigation statistics, but also analyzes the EEOC’s successes, setbacks, changes, and strategies. By focusing on key developments and anticipated trends, the Report provides employers with a roadmap to where the EEOC is headed in the year to come.

This year’s Report is organized into the following sections:

Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace Safety and Insurance Act, 1997, the Occupational Health and Safety Act, the Accessibility for Ontarians with Disabilities Act, 2005, the Pay Equity Act, and the Smoke-Free Ontario Act, 2017.  To make this information conveniently available, the Littler Toronto office assembled these requirements in a single publication. 

Employers subject to provincial legislation (i.e., not federal employers) that have employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training, postings, and information sheets under the Employment Standards Act, 2000, the Workplace Safety and Insurance Act, 1997, the Occupational Health and Safety Act, the Accessibility for Ontarians with Disabilities Act, 2005, the Pay Equity Act, the Smoke-Free Ontario Act, 2017, the Working for Workers Act, 2021, a

This Annual Report on EEOC Developments—Fiscal Year 2020 (hereafter “Report”), our tenth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case law and litigation statistics, but also analyzes the EEOC’s successes, setbacks, changes, and strategies. By focusing on key developments and anticipated trends, the Report provides employers with a roadmap to where the EEOC is headed in the year to come.

This year’s Report is organized into the following sections:

The Firm’s International Practice Group has once again updated its COVID-19 Vaccination: A Littler Global Guide on Legal & Practical Implications in the Workplace. Two years into the pandemic, experts agree that – in the absence of newly emerging and highly transmissible variants – COVID-19 might lose its pandemic status before the end of 2022 due to the development of various COVID-19 vaccines and increasing global vaccination rates.

Over the past year, employers have had to grapple with seismic social, cultural, and political developments impacting profoundly how they do business.

This Annual Report on EEOC Developments—Fiscal Year 2021 (hereafter “Report”), our eleventh annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case law and litigation statistics, but also analyzes the EEOC’s successes, setbacks, changes, and strategies.  By focusing on key developments and anticipated trends, the Report provides employers with a roadmap to where the EEOC is headed in the year to come.

This year’s Report is organized into the following sections:

Three years have already passed since the European Union agreed upon Directive 2019/1152 of June 20, 2019, addressing transparent and predictable working conditions in the EU in the area of civil law (Working Conditions Directive).

This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission (“EEOC” or “the Commission”) developments over the past fiscal year. The Report does not merely summarize case law and litigation statistics, but also analyzes the EEOC’s successes, setbacks, changes, and strategies. By focusing on key developments and anticipated trends, the Report provides employers with a roadmap to where the EEOC is headed in the year to come.

This Annual Report on EEOC Developments—Fiscal Year 2023 (hereafter “Report”), our thirteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission (“EEOC” or “the Commission”) developments over the past fiscal year. The Report does not merely summarize case law and litigation statistics, but also analyzes the EEOC’s successes, setbacks, changes, and strategies. By focusing on key developments and anticipated trends, the Report provides employers with a roadmap to where the EEOC is headed in the year to come.

Background check industry groups have mounted a full-court press to remedy the recent slowdown in criminal record searches in California state courts caused by last year’s court of appeal decision in All of Us or None v.

Two noteworthy developments have occurred since the California Fair Employment & Housing Council released draft revisions to the state’s employment non-discrimination laws on March 15, 2022 that relate to the nascent law surrounding the use of artificial intelligence, machine learning, and other data-driven statistical processes to automate decision-making in the employment context.  

California state and local governmental bodies—our state legislature, and counties and cities—were active again this year in their efforts to regulate the workplace. Littler Workplace Policy Institute has been tracking these bills as they worked their way through the legislature. Some were signed into law by Governor Newsom earlier this year and have already gone into effect.

A May 2021 court decision in California, All of Us or None v.

Rod Fliegel, William Simmons and Wendy Buckingham discuss the current limitations on the use of background checks for employment in California.

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Updated July 31, 2023: The Council’s Modifications to Employment Regulations Regarding Criminal History discussed in this Insight have just been approved by the Office of Administrative Law, and the modified regulations will go into effect on October 1, 2023. Key changes from the initial proposal include:

Rod M. Fliegel and Alice H. Wang discuss the Civil Rights Council of the California Civil Rights Department’s latest revisions to the Fair Employment and Housing Act (FEHA) regulations that govern employers' use and consideration of criminal history in employment decisions.

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Alice Wang and Rod M. Fliegel say the Fair Chance Act of 2023, a California bill under consideration in the state senate, “would more or less upend the ordinary hiring process for just about every employer in California,” if passed.

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Rod Fliegel discusses California’s proposed Fair Chance Act of 2023, which would further restrict how employers can use information about the criminal histories of job seekers and employees, and offers tips for complying with the current Fair Chance Act.

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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.

The California Civil Rights Council previously issued draft revisions to the Fair Employment and Housing Act’s regulations governing inquiries into and consideration of a job applicant’s criminal history in making hiring decisions.  On July 24, 2023, the Office of Administrative Law approved the Council’s proposed modifications to the regulations. 

Two new laws will take effect next year that restrict how employers may respond to worker off-duty cannabis use.  One law will restrict employers’ ability to ask about prior cannabis use in the hiring process, and the other will limit employer actions based on positive marijuana drug tests.

Illinois state and local legislatures kept busy in 2023 with the enactment of numerous new labor and employment laws, including significant changes to paid and sick leave for employees and new protections for temporary laborers and independent contractors. While some laws took effect during 2023, implementation of others was pushed to 2024. These are some significant employment law changes requiring employer compliance in the new year.

IL Paid Leave for All Workers Act

Companies that hire employees and engage independent contractors in California should brace themselves for an even greater slowdown in background checks that include criminal record searches in Los Angeles County.¹ This will result from the drastic impact of the court of appeal’s 2021 opinion in All of Us or None v.

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.

Eric Compere, William Kim, Melissa Peters, Kennell Sambour and Krystal Weaver provide insight on Cal/OSHA’s new FAQs.

SHRM Online

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Damon Ott discusses some options that trucking companies in the state may pursue when the old way of doing business is no longer open to them. 

FreightWaves

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On September 17, 2022, Puerto Rico Governor Hon. Pedro Pierluisi issued Executive Order No. OE-2022-045, declaring a state of emergency due to the passing of Hurricane Fiona through the Island. Likewise, on September 21, 2022, President Joseph Biden authorized a disaster declaration for Puerto Rico, opening up additional relief and assistance for Puerto Rico's recovery process after the devastation left by the hurricane.

On December 14, 2022, the U.S. Department of Labor (DOL) and the Internal Revenue Service (IRS) signed and published a Memorandum of Understanding for Employment Tax Referrals (the “MOU”). The MOU establishes a system for referrals from the DOL’s Wage & Hour Division (WHD) to the Small Business/Self Employed Specialty Employment Tax unit (“SB/SE”).

In an opinion issued on June 20, 2023, the United States Court of Federal Claims reminded taxpayers that they must obtain a certificate of coverage in order to claim an exemption from Social Security and Medicare taxes (FICA) under a totalization agreement.