Recent news

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

USA: Families First Coronavirus Response Act

Just to make life more uncertain for employers, a Federal Judge in New York has struck down several points of Department of Labour guidance in respect to the Families First Coronavirus Response Act …

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USA: New Jersey high court enforces arbitration agreement

Although the Federal Arbitration Act specifically excludes agreements with transport employees who are independent contractors, the New Jersey Supreme Court has qualified this exemption …

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USA: Minnesota Supreme Court rules in favor of employment protections for unpaid interns

According to the Minnesota Supreme Court, the serving of an unpaid internship does not remove the rights of individuals to be protected from race and sex-based discrimination under the Minnesota Human Rights Act [Meagan Abel v …

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USA: Minimum wage violations

The US Department of Labor’s investigation of a Southern Californian claims management company has led to payments averaging around $1,000 each for employees under the FLSA minimum wage obligations …

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USA: FDA raises legal age to buy tobacco products to 21

Employers operating workplace smoking policies should note that the new legal age across the USA for buying cigarettes and other tobacco products has been raised from 18 to 21 years old …

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USA: Simplified FMLA forms

The Department of Labor has just published simplified forms for use when applying for family and medical leave …

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USA: Temperature checks

Although the Equal Employment Opportunity Commission (EEOC) has given the all clear for employers to carry out temperature checks on employees entering the workplace, they have warned that any antibody test would infringe the Americans with Disabilities Act (ADA) …

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USA: Florida shortens statute of limitations for certain employment discrimination claims

Florida House Bill 255 (HB 255) has reduced the period of uncertainty for employers concerning an allegation of workplace discrimination …

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USA: Contract bar doctrine

Should employees have a right to choose which union represents them at any time? Thanks to the National Labor Relations Board (NLRB)’s “contract bar doctrine”, no election about union decertification can take place at a work unit once a collective bargaining agreement has taken effect …

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USA: Montana supreme court upholds $2.3 million judgment against former employees subject to restrictive covenant

The Montana Supreme Court has found that non-compete restrictions were applicable to former employees who had left an accountancy firm to work for their own firm and taken clients with them – even though state law is generally not favourable to restraints of trade …

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USA: Virginia Values Act

From July 1st 2020, the State of Virginia introduced a tranche of legal changes that entirely removed its reputation as an employer-friendly state …

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USA: Dangers of natural disasters

One thing that the current health crisis has taught us is that HR must not be immune to the dangers of natural disasters …

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USA: NLRB Greenlights company policy allowing searches of workers’ personal property on company premises

It has finally been ruled that US employers may operate a no-pilfering and corporate privacy policy and search the possessions of employees on company premises …

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USA: Georgia COVID-19 Pandemic Business Safety Act

The State of Georgia‘s Pandemic Business Safety Act has been passed by the state legislature …

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USA: Pennsylvania Supreme Court addresses consideration for noncompetes

What happens when a new employee fails to sign a non-compete agreement until significantly after they start work? The Pennsylvania Supreme Court has found (in Rullex Co …

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