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June 24, 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.

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June 23, 2022

July is the New January – New State Laws Do Not Take the Summer Off

It used to be that employers had the luxury of waiting until January 1 to be vigilant for new employment laws and compliance challenges. For the past several years, we have reported on employment and labor laws taking effect mid-year.

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June 22, 2022

Fifth Circuit Rules that COVID-19 Pandemic Did Not Trigger the “Natural Disaster” Exception to WARN Notice Requirements

In the first such decision from a federal appellate court, the Fifth Circuit has ruled the COVID-19 pandemic is not a “natural disaster” that exempts employers from providing advance notice of mass layoffs and plant closures under the WARN Act.

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June 21, 2022

Hot off the Press: New Labor Reform Bill for Puerto Rico

On June 20, 2022, Governor Pedro Pierluisi signed into law Act No. 41-2022, instituting drastic changes to labor and employment laws in Puerto Rico and extending employment rights for employees in the private sector.

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June 21, 2022

Ontario, Canada Court Applies the Rule in Waksdale and Provides Insight on Calculating Reasonable Notice Damages

A recent wrongful dismissal opinion from the Ontario Superior Court of Justice weighed the impact of the pandemic and alleged failure to mitigate when deciding how much reasonable notice damages were owed the plaintiff.

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June 17, 2022

Supreme Court Permits Arbitration of Individual PAGA Claims

The United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana will dramatically impact employers’ rights to enforce arbitration agreements related to claims under California’s Private Attorneys General Act (PAGA).

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June 16, 2022

Ontario, Canada Appeal Court Decides Employment Not Continuous for Purposes of Reasonable Notice Calculation for Employee Dismissed Then Rehired Following CCAA Proceedings

In Antchipalovskaia v. Guestlogix Inc., the employer appealed a decision that the employee was entitled to 12 months’ notice for her dismissal without cause, which was based in part on a finding that she was continuously employed from 2011 to 2019.

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June 15, 2022

Facing Your Face Mask Duties – A List of Statewide Orders

As COVID-19 case rates fluctuate, face coverings are not uncommon as a preventative measure. This post identifies the jurisdictions where face coverings are recommended or required.

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June 13, 2022

Firing on All Four Cylinders: Bloomington, Minnesota Becomes the Fourth Minnesota City to Mandate Paid Sick and Safe Time

On June 6, 2022, the Bloomington City Council passed an Earned Sick and Safe Leave Ordinance, joining its local counterparts Minneapolis, St. Paul, and Duluth to provide paid sick and safe time to employees.

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June 9, 2022

San Francisco’s Newest (and Permanent) Public Health Emergency Leave Ordinance

Based on provisional results from the June 7, 2022, election, it appears San Francisco, California voters have approved Proposition G, which will create a permanent public health emergency leave ordinance that will become operative on October 1, 2022.

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