ASAP
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December 13, 2023

Supreme Court Appears Ready to Hold Title VII Does Not Require a Materially Adverse Employment Action – Significant Implications for Employers on the Horizon

SCOTUS heard arguments in a potentially pivotal case concerning whether Title VII requires plaintiffs to establish a “materially adverse” employment action, “objective tangible harm,” or an “ultimate employment decision” to state a viable claim.

ASAP
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December 13, 2023

Act Fast: National Labor Relations Board Guidance Memorandum Serves as a Reminder of Shortened Election Timeframe

On December 8, 2023, NLRB General Counsel Jennifer Abruzzo issued a Guidance Memorandum describing the practical impact of the 2023 final rule amending federal regulations that govern representation election procedures.

ASAP
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December 13, 2023

Ontario, Canada Appellate Court Finds National Day of Mourning to Honour Memory of Queen Elizabeth II Not a Paid Holiday under Relevant Collective Agreements

The Ontario Superior Court of Justice (Divisional Court) has quashed an arbitrator’s decision allowing two grievances that claimed collective agreements had been violated because they did not recognize September 19, 2022 as a paid holiday.

ASAP
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December 13, 2023

National Day for Truth and Reconciliation (September 30): What Is it and Where in Canada Is it Observed as a Statutory Holiday?

Various Canadian jurisdictions observe a National Day for Truth and Reconciliation as a statutory holiday.

ASAP
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December 12, 2023

(Not So) Frozen in Time—Colorado District Court Enters Section 10(j) Order Preventing Hospital from Withholding Across-the-Board Wage Increases to Union Members Following Election

On November 16, 2023, a federal court in Colorado issued a lengthy opinion granting in part a petition for a temporary injunction pursuant to Section 10(j) of the National Labor Relations Act.

Dear Littler
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December 11, 2023

Dear Littler: What are the substance use concerns of workplaces past, present, and future?

A brief overview of substance use issues employers dealt with in the past, those employers are presently addressing, and emerging issues employers may need to grapple with in the near future.

ASAP
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December 7, 2023

New York City Passes Bill Requiring Employers to Provide an “Employee Bill of Rights” to All Employees Regardless of Immigration Status

On December 3, 2023, the NYC Council passed a bill requiring the Department of Consumer and Worker Production, in coordination with other entities, to publish a workers’ bill of rights on the City’s website.

ASAP
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December 7, 2023

UK’s Worker Protection (Amendment of Equality Act 2010) Bill Receives Royal Assent, but Does it Significantly Increase Employer Responsibilities?

The UK Worker Protection (Amendment of Equality Act 2010) Bill has now made its way through Parliament to become the Worker Protection (Amendment of Equality Act 2010) Act 2023.

Insight
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December 5, 2023

Supreme Court of Canada Confirms “Owners” of Construction Projects Are “Employers” Under OHSA

The Supreme Court of Canada has let stand a decision finding an “owner” of a construction project can be considered an “employer” within the meaning of the Occupational Health and Safety Act (OHSA).

ASAP
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December 5, 2023

Is a Bonus Clawback Provision a Restraint of Trade in the UK?

In a reassuring decision for employers, the UK High Court has confirmed that an employer’s use of a contractual provision to claw back an employee’s bonus was lawful.

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