On July 1, 2023, after a long delay, mandatory withholdings for the WA Cares Fund finally took effect. The WA Cares Fund is a state-run, long-term-care insurance program requiring employers to pay premiums through a mandatory payroll deduction from all employees who have not provided proof of an exemption.

All Canadian employers other than those in Quebec¹ are required to:

• Deduct Canada Pension Plan (CPP) contributions from their employees’ pensionable earnings if the employee meets certain conditions;
• Contribute an amount equal to the CPP contributions that were deducted; and
• Remit both amounts.

These obligations end when the employee reaches the maximum contribution for the year.

The IRS has issued a new fact sheet (FS-2024-22) to address frequently asked questions about educational assistance programs (EAPs), also known as Section 127 plans.¹ EAP plans have been an effective recruitment and retention tool for many employers over the past two decades and remain popular with employees because the payments are tax exempt to employees and tax deductible to employers.

Andrea M. Kirshenbaum discusses how Johnson v. NCAA is noteworthy beyond the realm of college athletics for its expansive discussion of the FLSA.

The Legal Intelligencer

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Joy Rosenquist discusses what California employers should watch for after the state’s AI bias bill failed and its Civil Rights Department continues work on proposed regulations that could be game-changing.

Law360 Employment Authority

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James A. Paretti Jr. and Melissa McDonagh offer insights into the implications of the court’s rejection of the Federal Trade Commission’s (FTC) proposed nationwide ban on noncompete agreements.

Thomson Reuters

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Rebecca Goldstein talks about new workplace violence prevention laws in California and New York.

Bloomberg Law

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Starting in January 2025, California’s Fair Employment & Housing Act (FEHA) will prohibit employers from including a statement in a job advertisement, posting, application, or other material that an applicant must have a driver’s license unless the employer “reasonably” anticipates driving to be an essential job function that cannot be comparably performed by alternative means. The stated purpose of the new FEHA amendment is to help facilitate employment for non-drivers who rely on ride hails, public transportation, biking, and walking as their primary means of transportation.

Adam Fiss and Sebastian Chilco review updates to California’s paid leave law.

Wolters Kluwer

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Bradford Kelley and Britney Torres predict politics in the workplace will remain an issue beyond the election and so California employers need a long-term plan measures for issues that include voter intimidation and discrimination and employees taking time off to vote.

Law360

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Adam Joshua Fiss and Sebastian Chilco discuss a new California law that will eliminate employers’ ability to require employees to use up to two weeks of company-provided vacation before they start receiving paid family leave benefits.

SHRM

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Rod M. Fliegel discusses California legislation that further amends the Fair Employment and Housing Act to prohibit discrimination in the hiring process based on the applicant’s lack of a driver’s license.

SHRM

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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”).

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.

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.  

Natasha Jenkins’ alma mater profiles her and her roles at Littler and as the president of Illinois’ Cook County Bar Association (CCBA). 

The Spectator

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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.

California’s legislature covered a wide array of labor and employment law topics this legislative session. The laws discussed below were signed into law by Governor Newsom and will become effective on January 1, 2024 unless otherwise noted.  This Insight includes highlights of new laws affecting employers and is not intended to cover every new state and local law that was enacted this session.

Employers should begin reviewing these requirements to help ensure compliance with these new laws. Time to update those Employee Handbooks and train the management team!

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

XpertHR

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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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William H. Foster and Katie E. Towery examine the impact President Biden’s “America’s Jobs Plan” might have on South Carolina’s growing businesses and workforce. 

Association of Corporate Counsel South Carolina

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On July 22, 2021 the Puerto Rico Department of Health (PRDOH) issued Administrative Order No. 2021-509 (AO) providing that, in order to physically attend school, post-school educational institutions, or universities, personnel and students age 12 and older must be vaccinated against COVID-19. According to the PRDOH, the vaccination requirement for in-person school attendance will play an essential role in controlling the pandemic and providing a safer educational environment for students.

On September 29, 2021, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer A. Abruzzo released a nine-page memorandum taking the unequivocal position that “certain Players at Academic Institutions” are employees under Section 2(3) of the National Labor Relations Act (NLRA).  Refusing to call such players “student athletes,” Abruzzo asserts in the memorandum (GC 21-08) that:

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.

SHRM Online

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The National Collegiate Athletic Association (NCAA) recently issued new guidance regarding name, image, and likeness (NIL) endorsement deals with college athletes. The NCAA’s most recent guidance aims to provide clarity on NIL rules and is important for all businesses entering NIL deals with collegiate athletes, as well as colleges and universities subject to NCAA rules.   

The NCAA’s Past Guidance

In a joint “Dear Colleague” letter (DCL) released May 19, 2023, the U.S. Department of Education’s Office of Civil Rights teamed up with the U.S.

The country’s colleges and universities will likely face significant labor cost pressures for the next year, according to a higher ed sector financial analysis released last week by Moody’s Investors Service. 

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 A. Sims says student athletes shouldn’t be classified as employees under the National Labor Relations Act.

Bloomberg Law

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Tyler A. Sims disagrees with a National Labor Relations Board (NLRB) regional director’s ruling that men’s college basketball players at Dartmouth College are employees for National Labor Relations Act (NLRA) purposes.

SHRM Online

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While testifying at a congressional hearing, Tyler A. Sims said the potential consequences of unionizing could be damaging for athletes.

Inside Higher Ed

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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.

HR Dive

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On April 29, 2024, The Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, announced that effective the fall semester 2024, international students holding a valid study permit will be permitted to work up to 24 hours per week off campus during the school term. The current policy permits international students to work up to only 20 hours per week off campus during the school term.

This change is designed to not only help students gain work experience and offset expenses, but also to address ongoing Canadian labour shortage needs.

Colleges and universities that employ their own students face conflicts about how to protect student information, as required by the Family Educational Rights and Privacy Act (FERPA), while disclosing information about student-employees who seek to unionize, as required by the National Labor Relations Act (NLRA).

On August 6, 2024, the National Labor Relations Board’s general counsel issued a memorandum with her advice about how higher education institutions should handle this dilemma.

UPDATE: On March 21, 2024, Ontario’s Bill 149 - Working for Workers Four Act, 2024 received Royal Assent. The amendments to the ESA made by Bill 149 came into force on the day it received Royal Assent, with the following exceptions: