Recent news

Latest items of recent news relevant to the United States as reported in our fortnightly newswire ‘Dernières nouvelles’.

USA: State and Municipal employment laws amendments (2021)

Employers are reminded that a number of important amendments are being made to State and Municipal employment laws over coming months …

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USA: Certain Illinois employers face demographics filing requirement starting in 2023

Each year, companies with 100+ employees and contractors with 50+ employees are required to file with the EEOC an online EEO-1 report containing a breakdown of workforce racial, ethnic and gender composition …

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USA: Amendments to Illinois Human Rights Act regulate use of criminal records in employment decisions

An amendment to the Illinois Human Rights Act now makes it unlawful for employers to rely on the criminal records of potential employees when making hiring decisions, unless they can show a clear risk due to the nature of the job being filled, or to property, potential colleagues or the general public …

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USA: California retroactively extends sick leave coverage for employees affected by COVID-19

California‘s COVID-19 supplemental paid sick leave (CSPSL) has now been extended for companies with 25+ employees through to 30th September 2021 …

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USA: Federal Court dismisses failure to accommodate and retaliation claims

Companies that face ADA claims from employees, or former employees, for failing to accommodate their disabilities may wish to review the recent summary judgement of the North District of Alabama in a case involving US Steel …

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USA: COBRA premium subsidy under the American Rescue Plan

The continuation of health benefits after involuntary job loss, or hours reduction, is guaranteed under a right called COBRA …

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USA: Form I-9 requirement flexibility extended until May 2021

The flexibilities in rules related to Form I-9 compliance have been extended until 31st May 2021 …

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USA: Tips regulations

The US Department of Labor is now likely to suspend various portions of the 2020 changes to “tips regulations” under the Fair Labor Standards Act (FLSA) until at least the end of the year …

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USA: Expansion of interview waiver eligibility until December 31, 2021

The Department of State (DOS) has extended its policy to expand interview waiver eligibility for individuals reapplying for a nonimmigrant visa in the same classification until 31st December 2021 …

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USA: Disparate treatment

Employers seeking to improve retention by offering selective pay increases to certain employees could easily find themselves at the pointed stick end of an equal pay claim …

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USA: Biden administration support for union neutrality agreements

The new US administration has signalled its support for union neutrality agreements …

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USA: Good Bye Schedule F

President Biden has been busy in the first few months of his administration unpicking many of the executive orders made by his predecessor …

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USA: DOJ antitrust division brings first criminal no-poach case

A recent criminal indictment by the Department of Justice involves Surgical Care Affiliates (SCA) and two other health care companies that the DOJ accuses of entering into an anti-trust arrangement to suppress competition over hiring senior level employees …

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USA: Biden’s new GPC’s potential major impact on employment law

The President’s new Gender Policy Council (GPC) has been given the deadline of 24th September 2021 to come up with recommendations on how the US administration can develop a legislative policy to address equality – both domestically and around the World …

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USA: ERISA fiduciary claims Not subject to arbitration

Employers operating employment retirement plans should note that ERISA class actions against investment advisors for breaches of fiduciary duties are not necessary covered by employment-related arbitration clauses …

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