Blog
E-Voting in Union Elections at the NLRB?
July 22, 2021
As our two major political parties wage battle in statehouses around the country regarding the ways in which citizens cast their votes, the National Labor Relations Board seems primed to implement electronic voting in union elections.
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California Supreme Court Holds That Meal-Period, Rest-Period, And Recovery Premiums Must Include Nondiscretionary Earnings
July 21, 2021
On July 15, 2021, the California Supreme Court held that the calculation of premium pay for noncompliant meal, rest, and recovery periods must include not only the employee’s hourly rate of pay but also all other nondiscretionary payments for work performed by the employee.
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Illinois More than Doubles Penalties for Wage & Hour Violations
July 14, 2021
On Friday, July 9, 2021, Governor Pritzker signed an amendment to the Illinois Wage Payment and Collection Act that increases the penalty for underpaying wages from 2% of the amount of the underpayment per month to 5%.
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Ontario: Immigration Status By Any Other Name?
July 13, 2021
In Haseeb v Imperial Oil Limited, 2018 HRTO 957, the Human Rights Tribunal of Ontario awarded damages representing four years of lost wages to a job applicant who lied about his immigration status to a prospective employer. Thankfully for employers, the Divisional Court recently overturned that Tribunal decision.
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President Biden Targets Non-Compete Agreements
July 12, 2021
On Friday, July 9, 2021, President Biden issued a sweeping Executive Order which included in its scope possibly banning non-compete agreements.
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President Biden Issues Challenging Executive Order Seeking to Ban or Limit Non-Competes, Occupational Licensing Requirements, and Wage-Sharing
July 12, 2021
On July 9, 2021, President Biden signed a wide-ranging Executive Order intended to promote competition in the American economy.
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U.S. Supreme Court Strikes Down California Union Access Regulation
June 30, 2021
In a 6-3 decision, the U.S. Supreme Court, in a decision issued on June 23, 2021 struck down a California state law requiring agricultural employers to grant union organizers access to their property.
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Oregon Legislature, Nearing End of Session, Passes New Laws on Non-Competes, Hairstyles at Work, Equity at Public Schools, and Education Dress Codes
June 21, 2021
The Oregon Legislature is nearing the end of this Legislative Session and is busy with state budgeting and finding time to pass new laws impacting employers, employees, and public education.
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Latest U.S. Supreme Court Case Favors Religious Rights Over Laws Prohibiting Discrimination Against LGBTQ+, Signals Potential Expansion of Religious Rights
June 18, 2021
In a potential expansion of religious freedom rights, the U.S. Supreme Court in the case of Fulton v. City of Philadelphia, Pennsylvania, held that the City of Philadelphia could not require Catholic Social Services, a group contracting with the City to provide foster care services for over 50 years, to certify same-sex couples as foster care providers in violation of the Catholic church’s view that marriage is a sacred bond between one man and one woman.
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SOGI (Sexual Orientation and Gender Identity) Discrimination? The EEOC Offers Guidance
June 16, 2021
Coining a new acronym (which we are not sure how to pronounce), the federal Equal Employment Opportunity Commission announced new resources regarding LGBTQ+ workplace rights on June 14, 2021.
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Employers: Restrictive Covenant Reform Is Coming to Illinois in 2021
June 16, 2021
Recently, the Illinois General Assembly passed legislation significantly amending the Illinois Freedom to Work Act, which governs the legality and enforceability of non-compete agreements and other post-employment restrictive covenants.
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Why Employers Shouldn’t Dismiss Workplace Rumors and Gossip—Courts Aren’t
June 3, 2021
A workplace rumor, especially a salacious one involving a high echelon employee, can take on a life of its own and reverberate throughout the workplace in unforeseen ways that can result in potential liability to an employer and result in expensive litigation.
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