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Employment / Labor Law

Australia’s Updates to the Fair Work Act Bring Major Changes to the Workplace

The Federal Government’s Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 passed parliament on 2 December 2022, after negotiations in the Senate. The new laws represent the most significant changes to Australia’s industrial relations system since the commencement of the Fair Work Act 2009 (Cth). While some employers will be affected more than others, the changes

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Understanding Employee Pay During and After a Hurricane

For many employers, Hurricane Ian brought questions related to employee pay. One of the most frequently asked questions was, “Should I pay exempt employees who miss work due to bad weather conditions?” Similar questions arise with regard to non-exempt employees. An exempt employee is someone who is not entitled to overtime pay for more than

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EEOC Provides New COVID-19 Workplace Guidance (Again)

Given the easing of the pandemic, the US Equal Employment Opportunity Commission (EEOC) has once again updated its guidelines relating to employers’ handling of COVID-19. These adjustments reflect the evolving nature of the pandemic and serve as a reminder that what was appropriate in 2020 and 2021 may no longer be the case. Most recently, the EEOC

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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

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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

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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

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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

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$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

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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

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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

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