On October 20, 2021, the U.S. Chamber of Commerce, the lead plaintiff challenging AB 51, filed a petition for rehearing en banc with the U.S. Court of Appeals for the Ninth Circuit, seeking to reverse the Ninth Circuit’s decision in Chamber of Commerce of the United States of America v.
Archives for October 22, 2021
Massachusetts Court Ruling Highlights Importance of Employer Responses to Personnel File Requests in Motions to Compel Arbitration
Judge Shannon Frison, sitting in the Middlesex County Superior Court in Massachusetts, recently issued a ruling that highlights for employers the importance of providing complete and timely responses to requests for employee personnel files. Judge Frison’s ruling arose in the context of an employer’s motion to dismiss or compel arbitration
Motion Dismissed: At-Will Employee, Laid-Off During COVID-19 Shutdown, Cannot Recover Commissions
Relying on the parties’ written employment agreement and compensation plans, a California federal district court held that an at-will employee who was laid off due to COVID-19 could not recover commissions that were not fully earned prior to his termination. Peak v. TigerGraph, Case no. 21-cv-02603 (Sept. 7, 2021).
Background
The NLRB’s Pro-Union Shift and The Ripple Effect On Your Workplace Policies
By: The NLRB’s Pro-Union Shift and The Ripple Effect On Your Workplace Policies
On February 17, 2021, President Biden nominated Jennifer Abruzzo as the General Counsel of the National Labor Relations Board (“NLRB” or “Board”). On July 21, 2021, the U.S Senate confirmed the nomination. As the board shifts to a
Beltway Buzz, October 22, 2021
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
Oregon Federal Court Joins Other Jurisdictions in Denying Challenge to Government-Issued Vaccine Mandate
On October 18, 2021, in a 55-page opinion, an Oregon federal district court denied a request for a temporary restraining order (TRO) to prevent the Oregon Health Authority’s (OHA) recent orders requiring that educational and health workers and certain state executives obtain the COVID-19 vaccine (“Vaccine Orders”) from taking
New York’s General Contractors are Jointly Liable for Construction Worker Wages
Last month, New York Governor Kathy Hochul signed legislation, S.2766C/A.3350A, that automatically makes general contractors jointly and severally liable for wages, benefits, or wage supplements owed by subcontractors to construction workers.
The REAL HR Show: A Whole Lotta People Getting Holy (Religious Exemptions)
The post The REAL HR Show: A Whole Lotta People Getting Holy (Religious Exemptions) appeared first on Evil HR Lady.
Employers May Lose Grip on Employee Monitoring
Zoe Argento explains that employers will soon see a sea of change in data protection law when it comes to electronic monitoring of employees.
Reuters
Massachusetts Provides Updated Poster Regarding Newly Extended and Expanded COVID-19 Paid Sick Leave
The law, which was set to expire on September 30, 2021, and which required employers to provide up to one week of reimbursable paid leave to employees for certain COVID-19 related reasons, was extended through April 1, 2022 (or earlier if funding is exhausted) and was also expanded to cover
2021 Diversity Roundtable Discussion
In a panel discussion, Nina Markey addresses diversity in the legal community and solutions for the issues the profession faces in recruiting, hiring and retaining diverse attorneys.
The Legal Intelligencer
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Vaccine protocols: You’ve got one shot at building employee trust
Devjani Mishra discusses how important it is for employers to explain their COVID-19 safety precautions and vaccination policies accurately and clearly.
HR Brew
Recent Massachusetts Paid Family & Medical Leave Updates
Key Changes
As of October 1, 2021, the average weekly wage for Massachusetts increased to $1,694.24 from $1,487.78.
By October 1 of each year, the DFML must adjust the maximum weekly paid family or medical leave (PFML) benefit to be 64% of the state average weekly wage, to take effect
Is it feasible for pensions to be calculated in minimum wages and not in UMA? This you should know
Jorge Boyoli talks about an initiative to calculate retirements and pensions in minimum wages and not in the Measurement and Update Unit (UMA).
El Heraldo de Mexico
People with disabilities: The pros and cons of the reform of the Federal Labor Law
Jorge Boyoli talks about a reform to the Federal Labor Law that requires companies in Mexico to designate at least 5% of jobs to people with disabilities.
El Heraldo de Mexico