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June 22, 2022

Fifth Circuit Rules that COVID-19 Pandemic Did Not Trigger the “Natural Disaster” Exception to WARN Notice Requirements

In the first such decision from a federal appellate court, the Fifth Circuit has ruled the COVID-19 pandemic is not a “natural disaster” that exempts employers from providing advance notice of mass layoffs and plant closures under the WARN Act.

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June 21, 2022

Hot off the Press: New Labor Reform Bill for Puerto Rico

On June 20, 2022, Governor Pedro Pierluisi signed into law Act No. 41-2022, instituting drastic changes to labor and employment laws in Puerto Rico and extending employment rights for employees in the private sector.

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June 21, 2022

Ontario, Canada Court Applies the Rule in Waksdale and Provides Insight on Calculating Reasonable Notice Damages

A recent wrongful dismissal opinion from the Ontario Superior Court of Justice weighed the impact of the pandemic and alleged failure to mitigate when deciding how much reasonable notice damages were owed the plaintiff.

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June 17, 2022

Supreme Court Permits Arbitration of Individual PAGA Claims

The United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana will dramatically impact employers’ rights to enforce arbitration agreements related to claims under California’s Private Attorneys General Act (PAGA).

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June 16, 2022

Ontario, Canada Appeal Court Decides Employment Not Continuous for Purposes of Reasonable Notice Calculation for Employee Dismissed Then Rehired Following CCAA Proceedings

In Antchipalovskaia v. Guestlogix Inc., the employer appealed a decision that the employee was entitled to 12 months’ notice for her dismissal without cause, which was based in part on a finding that she was continuously employed from 2011 to 2019.

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June 13, 2022

Firing on All Four Cylinders: Bloomington, Minnesota Becomes the Fourth Minnesota City to Mandate Paid Sick and Safe Time

On June 6, 2022, the Bloomington City Council passed an Earned Sick and Safe Leave Ordinance, joining its local counterparts Minneapolis, St. Paul, and Duluth to provide paid sick and safe time to employees.

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June 9, 2022

San Francisco’s Newest (and Permanent) Public Health Emergency Leave Ordinance

Based on provisional results from the June 7, 2022, election, it appears San Francisco, California voters have approved Proposition G, which will create a permanent public health emergency leave ordinance that will become operative on October 1, 2022.

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June 9, 2022

Pay Transparency Laws Proliferate in New York

On June 3, 2022, the New York State Legislature passed Senate Bill 9427, which if enacted would require employers to include a salary range and position description in each job advertisement.

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June 3, 2022

U.S. Minimum Wage, Tipped, and Exempt Employee Pay Increases Will Heat Up This Summer (And Possibly Other Seasons)

Minimum wage laws can affect businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city.

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June 1, 2022

Ontario, Canada: OCA Decides Union Member’s Tort Claim Against Third Party Must be Decided by Court Rather than Arbitrator

The appellate court dismissed an appeal, agreeing with the lower court that a football player’s action for damages against a physician for misdiagnosing his injury should proceed in superior court - and not in arbitration.

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