ASAP
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February 16, 2024

D.C. Circuit Breaks from Second Circuit, Finds Pension Fund May Retroactively Change Its Interest Rate Assumptions

On February 9, 2024, the U.S. Court of Appeals for the D.C. Circuit issued a decision affirming the district court’s decision to vacate an arbitration award for the employer in a pension fund withdrawal liability case.

2 the Point Video
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February 15, 2024

We are considering layoffs in the UK. How should we plan our approach to these dismissals?

UK dismissal law is different from the U.S., and different from other European countries. The business reasons for the reduction in force, or RIF, might be the same across borders, but your process has to flex to local requirements.

Insight
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February 14, 2024

Recent NLRB Activity is a Mixed Bag for Employers’ Use of Restrictive Covenants

Two recent developments involving the National Labor Relations Board’s scrutiny of restrictive covenant agreements, per its general counsel’s Memorandum 23-08, have provided a mix of good and bad news for employers.

ASAP
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February 14, 2024

USCIS Announces Upcoming H-1B Cap Lottery Dates and New Beneficiary-Centric Selection Process

USCIS has officially announced the dates for the fiscal year (FY) 2025 H-1B cap lottery, which will open on Wednesday, March 6, 2024 at noon ET and end on Friday, March 22, 2024, at noon ET.

Insight
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February 13, 2024

SCOTUS: Retaliatory Intent Not an Element of SOX Retaliation Claim

The Supreme Court resolved a circuit split on February 8, 2024, when it issued its opinion holding that a whistleblower need not prove that the employer acted with “retaliatory intent” in order to obtain the protections of the Sarbanes-Oxley Act.

ASAP
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February 9, 2024

Australia Aims to Give Employees the Right to Disconnect

Australia’s Senate on Thursday, February 8, 2024, passed a bill that would prevent an employer from contacting employees outside of work hours.

ASAP
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February 7, 2024

IRS Updates FAQs on 1099-Ks Used for Gig Workers and Others

The IRS recently updated its guidance for completing Form 1099-K, used primarily by “gig” companies providing compensation using payment apps or online marketplaces and for individuals selling goods on online marketplaces.

ASAP
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February 7, 2024

NLRB Regional Director Says Dartmouth Men’s Basketball Players Are Employees, Can Vote in Union Election

On February 5, 2024, the NLRB’s Regional Director for Region 1, Laura Sacks, issued a written decision finding that Dartmouth’s men’s basketball players are employees under the National Labor Relations Act.

ASAP
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February 6, 2024

Delaware Supreme Court Upholds Forfeiture for Competition Provisions, Holding Departed Partners Bargained Away Their Right to Have Their Cake and Eat It, Too

On January 29, 2024, the Delaware Supreme Court unanimously reversed a major Delaware Chancery Court decision that had analyzed the “forfeiture for competition” provisions in a limited partnership agreement.

Insight
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February 6, 2024

Littler Lightbulb – January Employment Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.

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