On June 5, 2023, Governor Polis Signed SB 23-105 into law, which will significantly change employers’ job posting and promotional notice obligations in Colorado.
An arbitrator recently issued the first award in Ontario to address and uphold the reasonableness of a hospital vaccination policy that provides for the termination of employment for non-compliance.
In Teljeur v Aurora Hotel Group, a wrongful dismissal case, the court awarded the plaintiff-employee seven months’ damages for reasonable notice, and $15,000 in moral damages due to the employer’s bad-faith conduct in the manner of dismissal.
A recent decision of the British Columbia, Canada Civil Resolution Tribunal is especially relevant now that remote work has become common. The Tribunal found the employer had just cause for terminating a remote worker’s employment for time theft.
On May 11, 2023, British Columbia, Canada’s Bill 13, Pay Transparency Act, received Royal Assent. Section 2 of the Act, which addresses the employer’s obligations regarding publicly advertised job opportunities, comes into force on November 1, 2023.
In April 2023, the long-anticipated new and modernized PERM Form 9089 was introduced to the public by the U.S. Department of Labor, Foreign Labor Certification (FLC) unit.
On May 4, 2023, the Department of Homeland Security (DHS) and Immigration Customs and Enforcement (ICE) announced that employers have 30 days to reach I-9 compliance after COVID-19 flexibilities end on July 31, 2023.
On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana.
The EEOC has issued a “technical assistance document” entitled, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964.”
The OCA recently found that unless an employee’s employment contract provides otherwise via an express or implied term, an employer’s unilateral lay off of an employee will constitute constructive dismissal, even when the layoff is temporary.
