Insight
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March 22, 2022

Surreptitious Recording of Conversations with Colleagues May Justify Termination of Employment for Cause in British Columbia, Canada

The Supreme Court of British Columbia dismissed an employee’s wrongful dismissal claim and held that his surreptitious recording of conversations with his colleagues justified the termination of his employment for just cause.

2 the Point Video
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March 22, 2022

What issues should be considered when determining whether the “right to control” factor will weigh in favor of an independent contractor determination?

Even within the same jurisdiction, an organization may face different tests depending on the court or administrative agency making the assessment.

ASAP
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March 22, 2022

USCIS Now Processing AOS-Based EAD and AP Applications Separately

The USCIS recently issued an alert confirming the agency will decouple EAD and AP applications filed concurrently, where possible, to improve efficiency and reduce processing times.

ASAP
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March 21, 2022

Canada: Pre-entry COVID-19 Testing Will Soon Not Be Required for Fully Vaccinated Travellers

On March 17, 2022, Canada announced that, effective April 1, 2022, fully vaccinated travellers will no longer be required to provide a pre-entry COVID-19 test result to enter Canada.

ASAP
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March 21, 2022

Bill Seeks to Alleviate the Slowdown of Criminal Background Checks in California

Background check industry groups have mounted a full-court press to remedy the recent slowdown in criminal record searches in California state courts caused by last year’s court of appeal decision in All of Us or None v. Hamrick.

ASAP
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March 17, 2022

OSHA Announces Highly Focused Healthcare Facility Inspection Plan

OSHA recently announced it will proceed with a highly focused, short-term initiative directed at various healthcare facilities that provide care to or handle COVID-19 patients.

ASAP
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March 17, 2022

California Fair Employment & Housing Council Proposes Sweeping Regulation of Automated Decision-making and Artificial Intelligence in Employment

Draft regulations would dramatically expand the liability exposure and obligations of employers and third-party vendors in California that use, sell, or administer employment-screening tools or services that use AI in decision-making.

ASAP
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March 16, 2022

Ontario, Canada Court of Appeal Upholds 26-Month Reasonable Notice Period Due to Exceptional Circumstances

The Ontario Court of Appeal recently dismissed the employer’s appeal of a lower court decision in which the trial judge held “exceptional circumstances” existed to justify making an award that exceeded the 24-month “high end” amount of reasonable notice.

ASAP
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March 15, 2022

Federal Court Decision Protects Independent Contractor Status

On March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves.

ASAP
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March 15, 2022

DOL Issues Guidance on Use of Cryptocurrency in 401(k) Plans

On March 10, 2022, the Department of Labor issued guidance on the use of cryptocurrency in plans governed by ERISA.

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