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2 the Point Video
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July 28, 2020

What are some strategies to help employers eliminate bias in the talent recruitment process?

Employers should take a holistic view of the various stages in the talent recruitment process to help eliminate bias. If employers wait until the interview to implement strategies to combat bias, the talent pool might already be skewed.

Insight
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July 22, 2020

A Return to Workplace Civility: The NLRB Adopts the Wright Line Burden-Shifting Approach to Section 7 Speech

During a pandemic, protests, and a polarized election season, employers have walked an ever-increasingly fine line between protecting employee speech in the workplace and enforcing rules on workplace conduct.

Insight
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July 10, 2020

High Court Declines to Resolve Circuit Split on Whether Prior Salary is “A Factor Other Than Sex” that Can Justify a Pay Disparity Under the Federal Equal Pay Act

On July 2, 2020, the Supreme Court declined to review the Ninth Circuit’s decision in Rizo v. Yovino. The question for review whether prior salary is a “factor other than sex” that can justify a pay disparity under the federal Equal Pay Act.

ASAP
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July 10, 2020

Navigating Limitations for Employer’s Diversity and Inclusion Initiatives

Despite best intentions, employers may be unknowingly setting themselves up for future lawsuits by improperly broadening diversity and inclusion initiatives.

Insight
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July 7, 2020

New San Francisco Emergency Ordinance Requires Layoff Notices, Reemployment Rights and Reasonable Accommodation for Eligible Workers

San Francisco has enacted an emergency ordinance that requires certain employers to provide written notice when layoffs occur, grants reemployment rights, and prohibits discrimination against employees who experience a family care hardship.

ASAP
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June 26, 2020

Reversing Course, NLRB Holds Employers Have No Pre-disciplinary Bargaining Obligation

On June 23, 2020, the NLRB issued a decision holding that employers have no duty to bargain over serious employee discipline imposed before the negotiation of a collective bargaining agreement, overturning a 2016 decision and returning to prior precedent.

Insight
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June 26, 2020

Rhode Island Supreme Court Upholds Dismissal of Driver Who Refused Reasonable Grounds Drug Test

The Rhode Island Supreme Court recently affirmed a trial court’s dismissal of a lawsuit alleging a violation of the drug testing statute brought against an employer that terminated an employee for refusing to submit to a reasonable grounds drug test.

Insight
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June 24, 2020

Ontario, Canada: In Significant Decision, Court of Appeal Analyzes Employment Agreement as a Whole When Evaluating Enforceability of Termination Provisions

The Ontario Court of Appeal recently rendered a decision pertaining to the enforceability of termination provisions in employment contracts, holding that the proper method is to analyze the agreement as a whole rather than on a piecemeal basis.

ASAP
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June 10, 2020

The Netherlands: Employers Need Not “Wake Up” Dormant Employees

The Dutch Supreme Court issued a decision on whether “dormant employment” arrangements were permissible. The Rotterdam District Court recently issued a ruling on whether a “good employer” has to tell employees about this decision.

ASAP
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June 2, 2020

Puerto Rico Governor Signs New Civil Code

On June 1, 2020, the Governor of Puerto Rico, Hon. Wanda Vázquez-Garced, signed into law Puerto Rico’s new Civil Code.

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