News & Analysis as of

Employer Mandates Arbitration

Employer Mandates is a term commonly used to describe employer insurance obligations under the Affordable Care Act. Under the Affordable Care Act, employers with 50 or more employees are required to provide... more +
Employer Mandates is a term commonly used to describe employer insurance obligations under the Affordable Care Act. Under the Affordable Care Act, employers with 50 or more employees are required to provide minimum essential insurance coverage to their employees or else pay statutory penalties. The concept of an employer mandate is not unique to the Affordable Care Act; many EU countries have their own versions with different and/or expanded employer obligations.  less -
JAMS

Remote Work Is Still a Focus of Mediation and Arbitration Cases

JAMS on

Rising numbers of remote workers and changing state and federal employment laws bring challenges for employers in the new year. Gary Fowler, a JAMS arbitration and mediation neutral, analyzes the issues and steps employers...more

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

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Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

DirectEmployers Association

OFCCP Week In Review: August 2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

Littler

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

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On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting...more

Bradley Arant Boult Cummings LLP

Closing the gate to arbitrate: New law bans pre-dispute arbitration agreements on sex harassment and abuse claims

On March 3, 2022, President Biden signed the long-titled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Seen as a result of the #MeToo movement, this fairly simple amendment to Title 9 of the...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights: Issue 2, 2022

What Does Biden's Union Mandate Mean for Construction Projects? "President Biden signed an executive order that would require large projects funded by the infrastructure law to use project labor agreements — pre-contract...more

International Lawyers Network

Vaccine Requirements – Canada: Montréal

Canada’s Constitution makes it such that the presumptive and preeminent jurisdiction in matters of employment, labour relations writ large, privacy and health and safety at work is provincial, not federal. This is in marked...more

Littler

Ontario, Canada Arbitrator Denies Union’s Cease and Desist Application Regarding Employer’s Mandatory COVID-19 Vaccination Policy

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In Canada Post Corporation and Canadian Union of Postal Workers (CUPW), Arbitrator Kevin Burkett denied CUPW’s cease and desist application filed under the collective agreement (CA), which arose when the employer imposed a...more

Littler

Ontario, Canada Court Confirms Unions Must Challenge Mandatory Vaccination Policies Before Labour Arbitrators Rather than Courts

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On November 19, 2021, in Amalgamated Transit Union, Local 113 v. Toronto Transit Commission and National Organized Workers Union v. Sinai Health System, 2021 ONSC 7658 (TTC/Sinai Decision), the Ontario Superior Court...more

Littler

Ontario, Canada: Arbitration Award Considers Issues Pertaining to “Vaccinate or Test” Policies

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On November 12, 2021, in Ontario Power Generation and The Power Worker Union (OPG), Arbitrator John C. Murray considered issues relating to a Vaccinate or Test Policy (Policy) that provided, among other things, that if...more

Miller Canfield

CANADA: Are Mandatory COVID-19 Vaccination Policies Enforceable? Maybe, Maybe Not.

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Since the release of government-approved vaccines to help fight the COVID-19 pandemic, employers have been wrestling with how to implement vaccination policies in the workplace. For those employers who have implemented a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - November 2021

OSHA Issues Vaccine ETS - The Occupational Safety and Health Administration (OSHA) published its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) on November 5, 2021. The ETS, which is effective...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

...3, 2, 1 Happy New Year! Countdown to 2020’s 10 New California Employment Laws

As 2019 winds down, employers operating in California will not want to forget that January 1, 2020, rings in several new California laws affecting the workplace. Here’s a New Year’s Eve countdown of 10 important new...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Wait is Over: New York State Model Policy and Training, and New York City Postings Are Here

As we previously reported, New York State and New York City each recently passed aggressive laws to combat sexual harassment in the workplace. On August 23, 2018, the New York State Department of Labor (NYSDOL) released...more

Epstein Becker & Green

New Regulations Proposed for New York’s Paid Family Leave Benefits Law

Epstein Becker & Green on

On February 22, 2017, the New York State Workers’ Compensation Board published proposed regulations (“Proposed Regulations”) to implement the New York Paid Family Leave Benefits Law (“PFLBL”), which goes into effect on...more

Littler

New Administration Orders Freeze of Pending Regulations, Takes Aim at the Affordable Care Act

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One of the first acts of the new Administration on Inauguration Day was to issue a memorandum putting the brakes—at least temporarily—on federal regulations that have not yet taken effect, and to release an executive order...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

“Fair Pay and Safe Workplaces” Guidance Explains Broad Labor Reporting Requirements for Federal Contractors

Today, the U.S. Department of Labor (DOL) published proposed guidance addressing the controversial Fair Pay and Safe Workplaces Executive Order 13673, which President Obama signed on July 31, 2014 (80 Fed. Reg. 30574 (May 28,...more

Fenwick & West LLP

Fenwick Employment Brief - February 2015

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On Premises, On-Call Time Compensable; Sleep Time Not Excluded - Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS...more

Proskauer - Labor Relations

NLRB General Counsel Issues Guidance on Deferral to Grievance Arbitration and Settlements

Following the decision of the National Labor Relations Board in Babcock & Wilcox Construction Co., 361 NLRB No. 132 (December 14, 2014), the NLRB General Counsel has issued Memorandum GC 15-02 (February 10, 2015), which...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2014 Year in Review - Overview of the Board's Significant Actions

Introduction - If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although...more

Littler

NLRB Changes Standard for Deferral to Arbitration in Discrimination and Retaliation Cases

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In a significant recent decision, the National Labor Relations Board (NLRB or Board) again abandoned long-standing, accepted Board precedent.  In Babcock & Wilcox Construction Co., 361 NLRB No. 132 (Dec. 15, 2014), the Board...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - December 2014

In This Issue: - Supreme Court Rejects Security Screening Time Pay - NLRB Finalizes Union Election Rule - NLRB Reverses Employers’ Ability To Ban Employee Nonwork Email Use - EEOC Challenges Employer...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Eviscerates Standards for Deferral to Arbitration and Settlement

The foundation of the relationship between an employer and a union is the collective bargaining agreement negotiated by the parties. Central to those agreements are dispute resolution processes that allow for expedited...more

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