Recent news

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

USA: Florida voters approve $15 minimum wage

The minimum wage rate in Florida will increase from the current $8 …

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USA: Labor Board asks for briefing on ‘scabby the rat’

The National Labor Relations Board (NLRB) has been re-examining the age-old question about what constitutes picketing …

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USA: Court actions for labour violations

Earlier this year, we warned about the possibility of a growing number of court actions for labour violations during the pandemic …

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USA: NJ voted to legalize marijuana

The recent ballot in New Jersey has overwhelmingly supported the lawful possession and use of marijuana …

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USA: Department of Labor proposes new rule on classifying workers as employees or independent contractors

The Department of Labor (DOL) has recently returned to that “old nut”: when is a job to be treated as employment and when is it a “contractor” role? DOL’s new approach has the advantage of being simpler and less dependent on multiple factors …

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USA: California voters approve independent contractor status for app-based rideshare and delivery drivers

Voters have approved a proposition allowing those undertaking App-based rideshare and delivery services to be classified as independent contractors …

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USA: Expansion of CA paid family leave effective January 1, 2021

The California Family Rights Act (CFRA) currently applies to employers with 50 or more employees (in a 75-mile radius) …

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USA: “No rehire” clause

In the event that employers and employees part company, there is sometimes a “no rehire” clause in the agreement …

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USA: Fifth Circuit holds that plaintiffs too can waive their right to arbitrate by litigation

When parties to litigation do so in the context of an available arbitration clause, especially on appeal, it is usually the plaintiff who seeks to obtain a waiver against the defendant, who is using the nature of arbitration to stall …

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USA: Tip pooling discussion is protected concerted activity

Recent advice issued by the NLRB concerns “tip pooling” …

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USA: Pension crisis

In the 1990s, several US States decided to exploit a quirk in demographics by offering public sector workers very generous pension uplifts …

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USA: Lawsuit challenges Trump administration’s new H-1B visa rules

A Federal injunction is being sought through the Northern District of California against the Department of Labor and the Department of Homeland Security for introducing overly restrictive rules, without prior consultation, concerning the issue of H-1B visas …

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USA: Advisory on unemployment insurance fraud during the Coronavirus pandemic

The Federal agency FinCEN has alerted financial institutions about several fraudulent practices that have emerged in respect to unemployment insurance (UI) during the health crisis …

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USA: Workers face permanent job losses as the virus persists

Temporary pay cuts made during the health crisis now threaten to becoming permanent when the crisis is over …

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USA: Competition rules

The current health crisis is giving numerous opportunities for companies to operate in a way that would normally infringe state competition rules …

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