ASAP
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May 19, 2022

Congress Considers Banning Discretionary Clauses in ERISA Plans

The Employee and Retiree Access to Justice Act seeks to ban arbitration and discretionary clauses in employer-sponsored benefit plans governed by the Employee Retirement Income Security Act (ERISA).

Insight
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May 19, 2022

Canada: Another Arbitrator Dismisses Grievance Disputing Mandatory Vaccination Policy

An arbitrator recently dismissed a union grievance disputing that the unilateral imposition of a mandatory vaccination practice was a reasonable exercise of management rights and responsibilities under the collective agreement.

Insight
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May 18, 2022

Delaware Joins the Family (Paid Family-Medical Leave, That Is)

On May 10, 2022, Governor John Carney signed into law the Healthy Delaware Families Act, adding Delaware to an expanding list of jurisdictions with a paid family and/or medical leave (PFML) requirement.

Podcast
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May 18, 2022

Celebrating AAPI Heritage Month: Leadership and Collaboration

Littler attorneys discuss how their journeys to leadership were built on promoting collaboration, finding community and creating opportunities for other diverse attorneys.

Insight
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May 18, 2022

EEOC Issues Guidance on Artificial Intelligence and Americans with Disabilities Act Considerations

On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued a “Technical Assistance” document addressing compliance with ADA requirements and agency policy when using AI and other software to hire and assess employees.

Insight
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May 18, 2022

Ontario, Canada: Appeal Court Declines to Resolve Whether Employees Laid Off During Pandemic May Claim Constructive Dismissal at Common Law

On May 12, 2022, the Ontario Court of Appeal released its long-awaited decision in a case concerning whether an Ontario regulation precludes an employee who was laid off during the pandemic from claiming constructive dismissal at common law.

Insight
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May 17, 2022

Bouncing Back (and Forth): Statewide Reopening and Mitigation Steps

As the pandemic unfolds, officials are reevaluating their health and safety protocols and adjusting workplace guidance. This post provides links to key reopening orders and/or mitigation measures issued in recent weeks, at the statewide level.

ASAP
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May 16, 2022

New York State Senate Poised to Pass Expansive Lien Law for Wage Claims

The New York State Senate is poised to pass an employee-friendly bill that would amend New York’s lien law to enable employees to, upon filing a wage claim, obtain a temporary lien against their employer’s (or alleged employer’s) assets.

Insight
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May 16, 2022

Colorado Issues First Round of Regulations and Guidance on its Paid Family and Medical Leave Insurance (FAMLI) Program

Colorado has been building a new state-run Paid Family and Medical Leave Insurance (FAMLI) program pursuant to a law enacted in 2020, and recently published a series of guidance documents and regulations regarding FAMLI.

Insight
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May 16, 2022

HB 22-1317: A New, More Restrictive Era for Restrictive Covenants in Colorado

Among a number of new bills affecting Colorado employers, perhaps none was as closely watched as HB 22-1317, which provides substantial changes to noncompete and nonsolicitation agreements in the state.

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