Recent news

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

USA: Massachusetts blue laws

Employers in Massachusetts are reminded that the State’s “Blue laws” place heavy restrictions on working during Christmas Day …

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USA: Employers can request documents to verify that an employee is a victim of domestic violence

Employers in Hawaii are legally required – on receiving a report of domestic or sexual violence – to seek confirmation of relevant events by requesting certain documents …

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USA: DOL issues wage and hour opinion letter

The Department of Labor (DOL) has issued an opinion letter concerning a question raised about the Fair Labor Standards Act …

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USA: Fourth Circuit ruling favors employers in high profile ADA case

What happens if a manager, who is disabled, is removed from office and not offered a similar position that is available in the company? Is it automatically an act of discrimination under the Americans with Disabilities Act? The US Court of Appeals (4th Circuit) has held in Elledge vs Lowe’s Home Centers LLC that if a company takes every reasonable step to accommodate a manager, but they continue to ignore their doctor’s advice and decline the offer of alternative – more suitable – employment, the company is entitled to offer a severance package …

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USA: SECURE Act

From next year, the SECURE Act is obliging employers to include “long-term, part-time employees” for 401(k) purposes, embracing too those working for less than 1,000 hours in the plan year …

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USA: EEOC lunches EEOC Explore for data & analytics

Employers handling Equal Opportunity cases will increasingly find that they are being confronted by data from the EEOC’s “Explore” database …

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USA: Illinois law requires that all employees receive sexual harassment training by December 31, 2020

Illinois employers are reminded of their obligation to conduct sexual harassment training for all their employees by 31st December 2020, and on an annual basis thereafter …

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USA: Illinois Biometric Information Protection Act

Companies operating in Illinois should take great care when handling and retaining employee biometric data because of the Biometric Information Protection Act (BIPA) …

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USA: Northern California District Court strikes down H-1B program changes

A District Court in Northern California has suspended the Department of Homeland Security’s (DHS) changes to the H-1B Visa programme …

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USA: House passes federal cannabis decriminalisation bill

The House of Representatives has now approved the MORE Bill to decriminalise the use of marijuana and remove the drug off the Controlled Substances Act at a Federal level …

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USA: Visa bonds to be imposed on more than 20 countries

Under a newly launched six-month “visa bond” pilot program, business visitors from 23 countries – mostly from Africa – with historically high overstay rates of B-1 visas, will be required to pay a refundable bond of $5,000, $10,000 or $15,000 as a condition of visa issuance …

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USA: Judge rejects rules limiting H-1B visas

The two Trump administration rules for H-1B visas – minimum salary thresholds and restricting their use to specialty occupations, have just been rejected by a federal judge …

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USA: “Distracted driving” laws

Employers should ensure that all staff in charge of vehicles are alerted to a change in the “distracted driving” laws …

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USA: Is travel time compensable worktime?

The US Department of Labor has been trying to give practical guidance on what constitutes worktime when an employee has to travel to a worksite that is not a fixed or conventional one …

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USA: Starbucks raises wages by 10%

With effect from 14th December 2020, baristas, shift supervisors and cafe attendants in the coffee chain, Starbucks, will receive a gross pay increase of at least 10% if they were hired on or before 24th September 2020 …

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