Recent news
Latest items of recent news relevant to the United States as reported in our fortnightly newswire ‘Dernières nouvelles’.
USA: DHS extends Form I-9 requirement flexibility until 31st December 2020
Continued flexibility now exists on the part of the Department of Homeland Security in respect to Form I-9 employment verification requirements …
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USA: California provides additional guidance on employee pay data reporting
The California Department of Fair Employment and Housing has released 16 new FAQs regarding employers’ requirements to file employee compensation data with the State beginning in March of next year …
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USA: Cal/OSHA adopts emergency COVID-19 workplace standards
Employers operating in California must urgently review their Cal/OSHA COVID-19 Prevention Plans ahead of new standards/regulations now being introduced …
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USA: Face masks during the COVID-19 pandemic
Local orders concerning the wearing of face masks differ significantly by State and often depend on the amount of physical distance (usually a minimum of 6 feet) that can be maintained …
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USA: De-recognition
The NLRB has achieved the backing of a DC Circuit Court concerning a company’s claims that recognition of a trades union no longer applied because it no longer had the support of the workforce …
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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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