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Insight
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June 7, 2021

Is the Brazilian Data Protection Law (LGPD) Really Taking Off?

A little over six months after the Brazilian Data Protection Law (LGPD) became effective, there seems to be real progress in its implementation. The LGPD is an all-encompassing data protection law similar to the European Union’s GDPR.

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June 4, 2021

11th Circuit Finds Employee Conduct May Lead to Termination Even Where the Conduct is the Result of Mental Illness

On May 27, 2021, in Todd v. Fayette County School District, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the propriety of a school district’s decision to end a mentally ill teacher’s employment.

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June 2, 2021

Are ERISA Breach of Fiduciary Duty Claims Arbitrable?

Over the years, attempts to arbitrate breach of fiduciary duty claims under the Employee Retirement Income Security Act (ERISA) Section 502(a)(2) have had varying results.

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June 1, 2021

Massachusetts Enacts Legislation Providing COVID-19 Emergency Paid Sick Leave to All Employees

A new Massachusetts law provides every full-time employee up to 40 hours of job-protected, emergency paid sick leave for certain COVID-19 reasons, including to obtain or recover from the COVID-19 vaccination.

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June 1, 2021

Key Takeaways from the EEOC’s Updated Guidance Regarding COVID-19 Vaccinations, Incentives

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) provided its first comprehensive update of its guidance since December 2020 (before COVID-19 vaccinations were broadly available) regarding COVID-19.

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May 31, 2021

Aggressive vs. Bad Faith Bargaining: Where is the Line?

The NLRB, by a vote of 2-1, recently reversed an administrative law judge in finding that a hospital did not violate the National Labor Relations Act by failing and refusing to bargain in good faith with the union.

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May 26, 2021

IRS Issues Guidance on the American Rescue Plan Act COBRA Subsidy

On May 18, 2021, the U.S. Internal Revenue Service released guidance—Notice 2021-31—for employers, plan administrators, and insurers concerning the ARPA COBRA subsidy.

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May 25, 2021

Eleventh Circuit Opinion Provides Insight into the Reach of Third-Party Title VII Retaliation Claims

The U.S. Court of Appeals for the Eleventh Circuit recently issued an opinion concerning the Title VII retaliation protections afforded to third parties.

Insight
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May 20, 2021

New York Adopts CDC Guidance For Fully Vaccinated Individuals, But Questions Remain

Effective May 19, 2021, New York State has adopted the Centers for Disease Control and Prevention’s May 13 “Interim Public Health Recommendations for Fully Vaccinated People” for most commercial operations and public settings.

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May 20, 2021

Some Canadian Provinces Provide Paid COVID-19 Vaccination Leave, Others Encourage Leave Through Reimbursement Programs

Employees in Canada who want to get vaccinated but lack a contractual or statutory right to paid time off to do so may be unable to afford the reduction in income that would ensue if they took time off work to get vaccinated.

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