Employment / Labor Law

US Employers Prohibited from Requiring Arbitration for Sexual Misconduct Claims

On March 3, 2022, US President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which amends the Federal Arbitration Act to give employees who have arbitration agreements with their employers the option of bringing claims of sexual assault or sexual harassment either in arbitration or


President Biden Orders Use of PLAs for Major Federal Construction Projects

On February 4, 2022, President Biden issued Executive Order (EO) 14063 requiring the use of project labor agreements (PLAs) for large federal construction projects. The EO requires contractors or subcontractors proposing to work on a “large-scale” federal construction contract valued at greater than $35 million to negotiate or enter into a PLA with one or more “appropriate


Ontario Arbitrator Disallows “Automatic” Termination Element of Vaccine Policy

In a recently released arbitration award, an arbitrator in Ontario, Canada, held that a mandatory- vaccination policy that included the right of an employer to automatically terminate noncompliant employees was unreasonable and violated specific provisions of the relevant collective bargaining agreement. The determination, made by arbitrator Gail Misra, arose out of a dispute between employer


Here We Go Again? US NLRB Seeks Input on Appropriate Bargaining Unit Standards

The NLRB is hoping that the fourth time is the charm when it comes to designing an enduring standard for determining an appropriate bargaining unit. Last week, the National Labor Relations Board (NLRB) issued a notice in the case American Steel Construction inviting parties and amici to submit briefs addressing whether the board should reconsider its standard


$15 Minimum Wage for US Federal Contractors Takes Effect in January 2022

On November 22, 2021, the Wage and Hour Division of the US Department of Labor (DOL) published its final rule implementing Executive Order 14026, “Increasing the Minimum Wage for Federal Contractors.” The final rule adopts the terms of both the executive order and the proposed rule, and increases the hourly minimum wage for certain federal contractors performing work


New Biden Executive Order Signals Potential Action on Non-Compete Agreements

In his July 9, 2021, executive order, US President Joseph R. Biden established 72 initiatives designed to promote competition in the national economy, lower consumer prices, increase wages, and promote innovation and economic growth. Among other areas, the order took direct aim at non-compete agreements. The fact sheet released along with the order said that


Labor and Employment Law Changes to Watch for from the Biden Administration

Joseph R. Biden began his term as 46th president of the United States with at least part of what he needed to begin almost-immediate implementation of his legislative and policy initiatives: a Democratic majority in the House of Representatives, and a 50-50 split in the Senate that allows Vice President Kamala Harris to break, in


Working Mothers in Hong Kong to Receive Increased Maternity Leave

For the first time in nearly 40 years, Hong Kong has increased maternity leave, which — together with other legislation passed recently — also provides additional protections for breastfeeding mothers. Under the Employment (Amendment) Bill 2019, passed by the Legislative Council in July 2020, statutory maternity leave under the Employment Ordinance in Hong Kong will


US Employees’ Sick and Family Leave Wages are to be reported on W-2s

On July 8, 2020, the Internal Revenue Service (IRS) issued Notice 2020-54, which provides guidance to employers on reporting qualified sick and family leave wages paid to employees under the Families First Coronavirus Response Act (FFCRA). Enacted this past March 2020, the FFCRA generally requires employers with fewer than 500 employees to provide paid leave due


2020 – Title VII Finally Comes Out of the Closet

Yesterday, the Supreme Court of the United States issued a landmark civil rights decision, in three cases that had been consolidated together — Bostock v. Clayton County, Georgia, Altitude Express, Inc. v. Zarda, and R.G & G.R. Harris Funeral Homes, Inc. v. EEOC. The Court held that Title VII of the Civil Rights Act’s mandate that employers cannot


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