ASAP
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April 14, 2022

Virginia Realigns Overtime Requirement with Federal FLSA

On April 11, 2022, Governor Glenn Youngkin signed into law HB 1173, rolling back the provisions of the Virginia Overtime Wage Act and realigning Virginia’s overtime obligations and exemptions with those of the federal FLSA.

ASAP
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April 14, 2022

McDonnell Douglas Lives Another Day: A Win for Employers at the Minnesota Supreme Court

The Minnesota Supreme Court recently reaffirmed the use of the familiar McDonnell Douglas burden-shifting framework to analyze Minnesota retaliation claims, despite the ask by the plaintiff-appellant and amici to abolish using that framework.

Insight
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April 13, 2022

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

An arbitrator in British Columbia held that an employer rightfully terminated an employee who was ineligible for work for refusing to receive a COVID-19 vaccine despite a government order requiring it.

ASAP
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April 13, 2022

Curricular and Optional Practical Training: A Primer on Employment Opportunities for Students with an F-1 Visa

Foreign students studying towards a degree program in the U.S. and maintaining a valid F-1 status can apply their theoretical knowledge and gain invaluable experience through the Curricular and Optional Practical training programs.

ASAP
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April 12, 2022

NLRB General Counsel Aggressively Seeks to Expand Unions’ Right to Demand Recognition; Restrict Employer Speech

NLRB General Counsel Jennifer Abruzzo continues to push the Board to take aggressive and unprecedented pro-labor stances, seeking to overturn decades of well-settled jurisprudence.

ASAP
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April 11, 2022

Following the Doctor’s Orders: NLRB Decision Prescribes Union Election for Physicians

The NLRB issued a Decision and Direction of Election in which it held that physicians are not supervisors under the National Labor Relations Act simply by virtue of their position in the healthcare institution.

ASAP
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April 11, 2022

Eleventh Circuit Holds FLSA Administrative Exemption Applies to Business Development Managers Who Drove Business to Car Manufacturer

On April 1, 2022, the Eleventh Circuit held that business development managers who solicited and sold vehicles to corporate clients are not entitled to overtime pay under the FLSA because they exercised discretion in the performance of their tasks.

ASAP
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April 8, 2022

Ontario, Canada: Mandatory Vaccination Policy Upheld Despite Government’s Reduction of COVID-19 Restrictions

An Ontario arbitrator recently upheld a retirement home’s mandatory vaccination policy as a reasonable workplace rule consistent with the collective agreement, the Occupational Health and Safety Act and the Retirement Homes Act, 2010.

ASAP
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April 7, 2022

NLRB General Counsel Abruzzo Seeks to Limit Long-Standing Employer Free Speech Right

On April 7, 2022, General Counsel (GC) Jennifer A. Abruzzo released Memorandum 22-04, The Right to Refrain from Captive Audience and other Mandatory Meetings.

Insight
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April 7, 2022

Judge Ketanji Brown Jackson is Confirmed as Next SCOTUS Justice

On April 7, 2022, the Senate confirmed the nomination of Judge Ketanji Brown Jackson to fill the next term’s vacancy on the bench with Justice Stephen Breyer’s upcoming retirement.

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