In a significant decision focused on public employers, the Supreme Court of Canada (SCC) recently held that Ontario public school boards are “government” and, as such, they are subject to the provisions of the Canadian Charter of Rights and Freedoms (Charter), and their teachers are protected from unreasonable search and
New York Enacts Law Requiring Retail Employers to Implement Workplace Violence Prevention Training and Policies and Provide Panic Buttons
New York Governor Kathy Hochul signed a bill on September 4, 2024 that requires retail employers to develop and implement workplace violence prevention training and policies, among other measures. The law becomes effective 180 days after her signature, or March 3, 2025.
Politics in the Workplace and the Risks of Social Media
How employers address employees’ use of social media as a forum to engage on political issues entails a range of considerations. Social media’s potential to reach an outsized audience compared to traditional venues for political discourse may increase the negative effects of controversial political speech in the workplace.
The Accidental Success of the NLRA: How a Law about Unions Achieved Its Goals by Giving Us Fewer Unions
Alexander Thomas MacDonald explains how, through a century of trial and error, labor law has been wildly successful in giving us the most peaceful labor market in history.
The Federalist Society
4 ERISA Arguments To Watch In September
Sarah Bryan Fask says she is watching proceedings in a wholesale bakery’s appeal in a dispute over a $6.3 million withdrawal liability bill because the decision will be “incredibly significant.”
Law360
Alex MacDonald Explains How Unions’ Right to “Exclusive Representation” May Be Unconstitutional
Alexander MacDonald discusses the filing of an amicus brief with the U.S. Supreme Court asking the court to clarify a prior 1984 decision which, if successful, could weaken a new form of “exclusive representation” for unions.
Labor Union News (Podcast)
With FTC noncompete ban overturned, what does HR need to do?
Scott McDonald discusses the implications of the FTC’s noncompete ban and how the evolving landscape for noncompetes across states can impact HR professions and their respective organizations.
Human Resource Executive
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Deepfakes in Legal Proceedings: A Strategic Framework for Collaborative Solutions
As part of the EDRM-Clarity Working Group, Paul Weiner is contributing author of this white paper addressing the challenge of deepfakes being presented as relevant and authentic evidence in the justice system.
Legaltech News
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Should Workers Have the ‘Right to Disconnect’?
Joy Rosenquist discusses how “right to disconnect” laws subvert flexibility for exempt employees.
RetailWire
NYC Wage Info Bill Highlights Rise In Pay Transparency Laws
Kelly Cardin examines NYC’s proposed pay transparency legislation and what employers can do to navigate applicants’ and employees’ shifting expectations that have arisen as a result of salary disclosure laws and their requirements.
Law360
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What Effect Might the Rescheduling of Marijuana Have on Employers?
Nancy Delogu discusses the policy implications and modifications employers may have to make if marijuana is rescheduled from a controlled substance to a less dangerous drug, as proposed by the Biden administration.
SHRM
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When Is Reassignment a Reasonable Accommodation?
Peter Petesch discusses several key considerations for employers considering role reassignment as an accommodation – most notably, that reassignment should always be an option during the accommodation process.
SHRM
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Legal Battles Cloud Tipped Wage Limits After Fifth Cir. Ruling
David Jordan discusses the framework of the 80/20 tip-credit rule and its current impact on employers after the Fifth Circuit’s recent decision leaves a version of the rule up for questioning.
Bloomberg Law
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Littler Lightbulb: August Appellate Roundup
This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month.
Fifth Circuit Vacates DOL Tip Credit Rule
FDIC Approves Final Rule to Update Its Section 19 Regulations – Insured Depository Institutions Have Until October 1, 2024 to Comply
The FDIC has approved a final rule, effective October 1, 2024, to update its Section 19 regulations to conform to the Fair Hiring in Banking Act. While the FDIC made certain clarifying changes based on public comments received, as predicted, the final rule largely aligns with the proposed rule. Insured