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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.

Insight
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March 11, 2022

Wisconsin Supreme Court Eases the Burden for Employers Defending Arrest and Conviction Record Discrimination Claims Under State Law

The Wisconsin Supreme Court has provided much-needed relief to Wisconsin employers by clarifying the state’s background check law, the Wisconsin Fair Employment Act.

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March 8, 2022

Ontario, Canada Court Concludes Secondment Agreement Was Not a Fixed-term Employment Agreement

In Nader v. University Health Network, 2022 ONSC 447, the court examined the language of a secondment agreement and concluded that the plaintiff-employee was not a fixed-term employee of the organization to which he was seconded.

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February 24, 2022

Canada: Arbitrator Finds Termination Consequences of Long-Term Care Home’s Mandatory Vaccination Policy Violated Collective Agreement

An arbitrator recently struck from a mandatory COVID-19 vaccination policy a provision providing for employment termination for failure to comply.

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January 27, 2022

UK: Automatically Unfair COVID Dismissals

As expected, in the UK there has been an increase in employees seeking to bring claims of automatic unfair dismissal where they have been dismissed for safety-related reasons stemming from COVID-19.

Insight
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January 26, 2022

Wage Transparency: How Can Multi-State Employers Manage the Compliance Minefield of Wage Disclosure Laws Nationwide?

Pay equity, or the desire to achieve it, has been a hot topic for employers in the United States in the past several years.

ASAP
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January 18, 2022

New Jersey Enacts Last-Minute Bill Tying the Hands of Successor Hotels

On January 18, 2022, Governor Philip D. Murphy signed NJ A6246 / S4295, which significantly restricts the business discretion of successor hotels.

ASAP
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January 6, 2022

Colorado Criminalizes Certain Restrictive Covenants

Through one sentence in a 304-page bill enacted in 2021, SB 21-271 criminalized violations of Colorado’s restrictive-covenant statute, section 8-2-113, C.R.S. Effective March 1, 2022, violations of section 8-2-113 are a Class 2 Misdemeanor.

Insight
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December 28, 2021

New York City Enacts Law that Hinders Use of Automated Tools in Hiring and Promotion Decisions

New York City marked the end of 2021 by enacting a law that will make it challenging, if not infeasible, to use a broad swath of algorithmic, computerized tools to review, select, rank or eliminate candidates for employment or promotion.

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