Category: Employment & Labor

September 23, 2022

On September 14, 2022, the European Commission (the “Commission”) published its legislative proposal for a regulation prohibiting products made with forced labour on the European Union (EU) market1. The legislative proposal aims to prohibit producers, manufacturers and suppliers from placing […]

September 22, 2022

We often think of a fair trial in terms of having an impartial judge and jury, effective assistance of counsel, the opportunity to present evidence and witnesses, and the ability to cross-examine the adversary’s witnesses and present rebuttal evidence. However, […]

September 21, 2022

The Ontario Human Rights Commission recently reacted to a proposed housing by-law for migrant workers in Kingsville. In August 2021, the Kingsville Town Council passed an interim control by-law restricting off-site dwellings for temporary farm workers until a housing study […]

September 20, 2022

The California Legislature recently passed a bill prohibiting employers from penalizing workers for using marijuana during their off-work hours. Recreational use of marijuana has been legal in California since 2016. While off-duty use would be legally protected, the new bill […]

September 19, 2022

What Is Indentured Servitude? Indentured servitude is a form of labor where an individual is under contract to work without a salary to repay an indenture or loan within a certain timeframe. Indentured servitude was popular in the United States […]

September 19, 2022

The U.S. Department of Labor (DOL) has issued a proposed form revision calling for federal contractors that use “persuaders”—consultants or attorneys who inform employees about the possible effects of unionization—to be publicly identified. The proposal could result in fewer contractors […]

September 15, 2022

Labor Day 2022 comes at an optimistic time for U.S. labor unions. Prior to the COVID-19 pandemic, representation petitions and elections were declining steadily. However, National Labor Relations Board (NLRB) election filings have increased by 58% in the first nine […]

September 15, 2022

So awhile back, I wrote a blog post about DC laws that were passed but not implemented. But we just ran into the opposite issue – apparently DC has implemented a law that doesn’t – technically – exist! Let me […]

September 14, 2022

The New Jersey Cannabis Regulatory Commission (“the Commission”) on September 9, 2022 issued long-awaited guidance for employers on how to respond when employees are suspected of marijuana impairment. This is the Commission’s first workplace guidance since the adoption of the […]

September 13, 2022

An employer failed to show that the Fair Labor Standards Act’s (FLSA’s) administrative exemption applied to two former employees who were suing for unpaid overtime, the 11th U.S. Circuit Court of Appeals ruled. Although the employees’ investigative duties were important […]

September 12, 2022

The Canadian Civil Liberties Association (CCLA) and Women’s Legal Education & Action Fund (LEAF) have called for the immediate suspension and repeal of Newmarket By-Law 2020-31, which imposes new business license requirements on personal wellness establishments. CCLA and LEAF fear […]

September 9, 2022

1. Compensation in non-union jobs is outpacing compensation in union-represented jobs. A Bureau of Labor and Statistics report indicates the total wage and benefit costs for private-sector nonunionized employers was 3% higher than unionized employers for the 12-month period ending […]

September 8, 2022

On September 6, 2022, the National Labor Relations Board (the “Board”) issued a notice of proposed rulemaking (“NPRM”) regarding the standard for determining joint employer status under the National Labor Relations Act (“NLRA”). The rule as proposed would effectively overturn […]

September 7, 2022

For the past few years, California’s comprehensive privacy law known as the California Consumer Privacy Act (CCPA) included an important partial exemption for employees, applicants, and independent contractors, collectively known as workforce members. The California Privacy Rights Act, which amended […]

September 6, 2022

The National Labor Relations Board (NLRB) on Sept. 6 issued a notice of proposed rulemaking on the standard for who is a joint employer under the National Labor Relations Act (NLRA). The NLRB recommends replacing the proposed rule that took […]

August 31, 2022

On 21 May 2022, the Australian Federal Government changed with the election of the Australian Labour Party. During the election campaign, the new government proposed to conduct a summit to bring together employer, business, union and government leaders to explore […]

August 31, 2022

This week, the National Labor Relations Board (NLRB) reversed a 2019 decision concerning union apparel bans in the workplace. This decision was the first of the Biden Administration era NLRB to shift precedent. In the split decision, the NLRB ruled […]

August 30, 2022

An employee who settled individual claims against her employer for alleged labor code violations was not subsequently barred from bringing a Private Attorneys General Act (PAGA) enforcement action against the employer for the same labor code violations, even though—prior to […]

August 29, 2022

Starbucks unlawfully denied unionized workers raises that it provided to its nonunionized employees, the National Labor Relations Board (NLRB) maintained in an Aug. 24 complaint. The company denies any labor law violation. We’ve gathered articles on the news from SHRM […]

August 24, 2022

New Jersey employers will need to display revised posters, advising employees of their rights under the state’s anti-discrimination and family leave laws, according to regulations that were adopted by the New Jersey Division on Civil Rights (DCR) on Aug. 1. […]