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January 2, 2024

Eleventh Circuit: McDonnell Douglas Is Not Be-All and End-All for Title VII Discrimination Claims

The U.S. Court of Appeals for the Eleventh Circuit has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases.

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December 22, 2023

Costa Rica Passes First “Whistleblower Law” to Protect Complainants and Witnesses of Possible Acts of Corruption

On December 13, 2023, the Legislative Chamber of Costa Rica passed Bill No. 23,449, the Law for the protection of complainants and witnesses of acts of corruption against retaliation in employment.

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December 21, 2023

New French Profit-Sharing Act Sets 2025 Deadline for Profitable Small Companies

The new Profit-Sharing Act of November 19, 2023 sets a deadline of January 1, 2025 for companies with at least 11 employees to implement a mandatory profit-sharing scheme if they are profitable.

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December 18, 2023

DOL to Require Successor Employers to Offer Right of First Refusal to Predecessor Employees Under Service Contract Act

On December 14, 2023, the U.S. Department of Labor issued final regulations requiring the so-called “nondisplacement” of workers performing work on contracts for the federal government under the Service Contract Act (SCA).

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December 18, 2023

SLAPP Back: Colorado Court of Appeals Addresses Protection Against “Vengeful” Online Posts

On November 30, 2023, the Colorado Court of Appeals in Tender Care v. Barnett tested the limits of Colorado’s anti-SLAPP law in considering whether an individual’s online review of a company could invoke the protections of the anti-SLAPP law.

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December 15, 2023

Updated California Paid Sick and Safe Leave FAQs Address January 1, 2024 Changes

On December 12, 2023, California’s Labor Commissioner revised its FAQs to address changes that will occur on January 1, 2024, to the Healthy Workplaces Healthy Families Act (HWHFA), the statewide paid sick and safe leave law.

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December 15, 2023

British Columbia Appeal Court Upholds Finding That Employee’s Surreptitious Recording of Conversations with Colleagues Justified His Dismissal for Just Cause

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

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December 14, 2023

Canada Implements New Employer Reporting Requirements in Support of Canadian Dental Care Plan, Introduces Bill to Create New Leaves and Employment Insurance Benefits

On November 30, 2023, Canada’s federal government introduced Bill C-59, Fall Economic Statement Implementation Act, 2023, which would implement proposals in the 2023 Fall Economic Statement.

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December 13, 2023

Chicago City Council Delays Paid Leave Changes to July 1, 2024

On December 13, 2023, the Chicago City Council voted to delay the paid leave changes in the new Chicago Paid Leave and Paid Sick and Safe Leave Ordinance from January 1, 2024 to July 1, 2024.

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December 13, 2023

Supreme Court Appears Ready to Hold Title VII Does Not Require a Materially Adverse Employment Action – Significant Implications for Employers on the Horizon

SCOTUS heard arguments in a potentially pivotal case concerning whether Title VII requires plaintiffs to establish a “materially adverse” employment action, “objective tangible harm,” or an “ultimate employment decision” to state a viable claim.

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