Insight
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November 18, 2021

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

An arbitrator recently considered issues relating to a Vaccinate or Test Policy that provided, among other things, that if employees refuse to test, they will be placed on an unpaid leave of absence for a maximum of six weeks and terminated thereafter.

ASAP
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November 17, 2021

NLRB Memo Addresses Bargaining Obligations Over OSHA’s COVID-19 Emergency Temporary Standard

Newly released NLRB Operations Management Memorandum 22-03 concerns bargaining obligations under the Department of Labor’s Emergency Temporary Standard to Protect Workers from Coronavirus.

Insight
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November 16, 2021

Ontario, Canada Arbitrator Deems Employer’s Mandatory COVID-19 Vaccination Policy Unreasonable

On November 11, 2021, only two days after Arbitrator Von Veh upheld a mandatory vaccination policy in a separate case, Arbitrator Stout struck down such a policy in Electrical Safety Authority and Power Workers’ Union.

ASAP
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November 16, 2021

NLRB Considers Rulemaking on Virtual Hearings

The NLRB is soliciting public comments regarding potential revision of its rules and regulations to incorporate permanently the optional use of videoconference technology for all aspects and phases of unfair labor practice and representation case hearings

2 the Point Video
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November 16, 2021

How can the employer prevent exposure to racial hate symbols, like the confederate flag, in the workplace?

One of the most effective tools for combating racism in workplaces is to create clear policies and messaging for employees to understand and regularly revisit throughout their employment.

ASAP
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November 16, 2021

The Netherlands: Get the tape rolling…

It is becoming increasingly common for employees in the Netherlands to record the smartphone conversations they have with their employers in order to collect evidence, exert some pressure, or for use in court proceedings, including for dismissal.

Insight
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November 15, 2021

Puerto Rico Governor Issues New Executive Order Providing for New Vaccination Mandates

On November 15, 2021, Puerto Rico Governor Pedro Pierluisi issued Executive Order No. 2021-075, which integrates prior COVID-19-related orders still in effect and, notably, includes vaccine/testing requirements for employers with over 50 employees.

ASAP
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November 15, 2021

EEOC Increases Focus on Artificial Intelligence and Algorithmic Fairness

The EEOC has announced the launch of an initiative aimed at ensuring that the use of artificial intelligence (AI) and other technology-driven tools utilized in hiring and other employment decisions complies with anti-discrimination laws.

ASAP
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November 13, 2021

Fifth Circuit Enjoins OSHA from Enforcing Mandatory Vaccination or Test Emergency Regulations

On Friday, November 12, the U.S. Court of Appeals for the Fifth Circuit issued an order staying enforcement and implementation of the federal Occupational Safety and Health Administration’s (OSHA) COVID-19 “vaccine or test” emergency temporary standard.

ASAP
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November 12, 2021

USCIS Settlement Agreement Will Expand Work Eligibility Authorization for L-2 and H-4 Visa Holders

The USCIS has entered into a settlement agreement in Shergill v. Mayorkas, which expands opportunities for certain L-2 and H-4 visa holders to maintain work authorization while awaiting USCIS adjudication.

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