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ASAP
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February 5, 2021

H-1B Cap Selection Process Update – DHS Postpones Effective Date of Final Rule

The U.S. Department of Homeland Security (DHS) will delay the effective date of a rule issued two weeks prior to the end of the Trump administration that seeks to change how H-1B “specialty occupation” visa applications are processed.

Insight
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February 4, 2021

Supreme Court of Canada Expands Duty of Honest Performance in Contract

The Supreme Court of Canada recently issued a decision expanding the duty of honest performance, which applies to parties to all contracts, by holding that they cannot knowingly deceive one another about matters directly linked to contract performance.

Insight
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February 1, 2021

Recall Rights and Retention Obligations: How Local Ordinances are Changing Workplace Regulation in the COVID-19 Era

A new spate of “right of recall” laws requires certain employers to rehire laid-off workers when their businesses resume or reopen and dictates the criteria used to recall those workers.

ASAP
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January 29, 2021

The Netherlands: Reassignment Obligation Does Not Require Job Creation

Generally, Dutch employers can terminate an employment contract only if they have reasonable grounds for doing so, and reassigning the employee within a reasonable timeframe is impossible or impractical. Does that include creating a new position?

ASAP
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January 26, 2021

Philadelphia Enacts Amendments to and Expands Coverage of its Background Screening Ordinances

On January 20, 2021, Mayor Jim Kenney signed three bills amending Philadelphia’s Fair Criminal Record Screening Standards (FCRSS) and credit ban ordinances.

Dear Littler
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January 19, 2021

Dear Littler: How do we Determine Where Remote Employees “Work” for WARN Act Purposes?

We are planning a layoff that will involve many of our employees who are working remotely during the pandemic. How do we decide who works at a particular location for WARN counting purposes?

ASAP
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January 19, 2021

Dutch Court Gags Employee Who Refused to Wear a Mask

A deliveryman for a confectionery chain who was suspended because he repeatedly refused to wear a mask is not entitled to his salary, the District Court of Utrecht ruled last week.

ASAP
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January 15, 2021

EEOC Issues Guidance on Inclusion of International Employees on OWBPA Disclosures

On January 14, 2021, the EEOC issued long-awaited and much-needed clarification on whether non-U.S. citizen employees working for a U.S. employer outside the U.S. must be included in the disclosure required for compliance with the OWBPA.

ASAP
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January 15, 2021

District of Columbia is on the Verge of Implementing One of the Broadest Non-Competition Bans in the Country

Amidst the ongoing COVID-19 pandemic and other events in the nation’s capital, District of Columbia Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 on January 11, 2021.

ASAP
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January 12, 2021

After Brief COVID-Related Hiatus, Employers Face Return of Social Security Administration “No-Match” Letters

During the early months of the pandemic, the Social Security Administration (SSA) took a break from issuing “no-match” letters to employers. It appears that towards the end of 2020, however, the SSA has resumed this practice.

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