Insight
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January 20, 2023

D.C. Circuit Issues Mixed Ruling Regarding Major Provisions of the NLRB’s 2019 Election Rule

On January 17, 2023, a divided D.C. Circuit panel struck down three provisions of the National Labor Relations Board’s 2019 final rule on representation case procedures related to union elections, while upholding two challenged provisions.

Insight
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January 20, 2023

Settled a Lawsuit with a Government Agency Last Year? Form 1098-F Reporting of Fines and Penalties is Coming Due

As part of the 2017 Tax Cuts and Jobs Act, Congress enacted IRC §6050X, which requires government agencies (and certain nongovernmental regulatory agencies) to issue information returns to payors of fines and penalties to the government.

ASAP
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January 20, 2023

Alberta, Canada Court of Appeal Decides CERB Payments Should Not Be Deducted from Damages for Wrongful Dismissal

The Alberta Court of Appeal recently addressed an increasingly common question—whether financial support provided under the CERB program to workers directly affected by COVID-19 should be factored into wrongful dismissal damages awards.

Insight
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January 19, 2023

IE&D Hot Topics for Employers: Looking Back at 2022 and Preparing for 2023

In the past few years, the global trend towards prioritizing inclusion, equity, and diversity (IE&D) has inspired and challenged employers in every industry.

Insight
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January 17, 2023

Illinois Set to Become Third State to Mandate Paid Leave for Any Reason

After a “gut and replace” of Illinois Senate Bill 208 at the beginning of the 2023 legislative session, the Paid Leave for All Workers Act passed both houses of the legislature on January 10, 2023.

ASAP
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January 17, 2023

Minnesota Expected to Pass CROWN Act Prohibiting Discrimination Based on Natural Hair

Minnesota is poised to join at least 19 other states in enacting a CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair.”

ASAP
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January 17, 2023

Inflation Causes Significant Increase in Immigration-Related Fines

The United States government has increased a variety of immigration-related fines/penalties, effective January 13, 2023.

Insight
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January 17, 2023

Ontario, Canada Court Addresses Statutory Tort of Human Trafficking in Labour Context

In Osmani v. Universal Structural Restorations Ltd., 2022 ONSC 6979, an Ontario court was the first to consider a claim for damages for the statutory tort of human trafficking under the Prevention of and Remedies for Human Trafficking Act (PRHTA).

Insight
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January 17, 2023

Reports About the Wholesale Demise of Claims Against Employers Under the Fair Credit Reporting Act (FCRA) are Premature

The continued filing of lawsuits against employers under the FCRA underscores the need for in-house counsel, Human Resources, and Talent Acquisition to comply with the statute, especially the “pre-adverse action” notice requirement.

Insight
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January 17, 2023

New Jersey’s New Year’s Resolution: A New Law Limiting Restrictive Covenants?

Currently pending in the NJ Legislature is a bill that would upend decades of New Jersey jurisprudence governing restrictive covenants in employment contracts and severance agreements, and impose an array of new requirements for restrictive covenants.

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