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April 14, 2022

California Privacy Rights Act for Employers: Vendor Contracting Requirements

The impending effective date of the California Privacy Rights Act has created a lengthy list of compliance tasks for corporate HR and legal teams, including preparing and implementing an addendum for service agreements with vendors that handle HR data.

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April 13, 2022

British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

An arbitrator in British Columbia held that an employer rightfully terminated an employee who was ineligible for work for refusing to receive a COVID-19 vaccine despite a government order requiring it.

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April 7, 2022

Judge Ketanji Brown Jackson is Confirmed as Next SCOTUS Justice

On April 7, 2022, the Senate confirmed the nomination of Judge Ketanji Brown Jackson to fill the next term’s vacancy on the bench with Justice Stephen Breyer’s upcoming retirement.

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April 7, 2022

Cal/OSHA Publishes a Draft Readoption ETS that Eliminates Vaccination Status Distinctions and Relaxes Testing Methods, Yet Muddies Quarantine Standards

On April 6, 2022, Cal/OSHA issued a draft COVID-19 Emergency Temporary Standard (ETS) for readoption to replace the current version, which expires on May 5, 2022.

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April 7, 2022

Massachusetts High Court Expands Employer Liability for Late Payment of Wages

In Reuter v. City of Methuen (April 4, 2022), the Massachusetts Supreme Judicial Court expanded an employer’s liability for the late payment of wages.

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April 6, 2022

Alberta, Canada Court Deducts CERB Payments from Substantial Reasonable Notice Award to Long-term Employee

In Oostlander v Cervus Equipment Corporation, 2022 ABQB 200, the Court of Queen’s Bench of Alberta awarded 24 months’ pay in lieu of reasonable notice to a long-term heavy duty mechanic, less mitigation income.

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April 6, 2022

Eighth Circuit Holds Article III Standing Was Lacking for an Alleged Violation of the FCRA’s “Pre-Adverse Action” Notice Provision

On April 4, 2022, the U.S. Court of Appeals for the Eighth Circuit joined the Ninth Circuit in holding that a plaintiff lacked Article III standing to prosecute her statutory claims under the Fair Credit Reporting Act (FCRA) in federal court.

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April 5, 2022

New OFCCP Directive Increases Employer Burden in Compliance Review Process

On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a new Directive 2022-02.

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April 1, 2022

COVID-19 Labor & Employment Litigation Tracker: March 2020 – March 2022

Since March 12, 2020, there have been 5,659 lawsuits (including 646 class actions) filed against employers due to alleged labor and employment violations related to the coronavirus.

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March 31, 2022

Massachusetts Top Court Issues Key Ruling Impacting Independent Contractors

On March 24, 2022, the Massachusetts Supreme Judicial Court handed down a key ruling that could have a significant impact on franchising across the state.

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