Voluntary Leave of Absence Does Not Qualify as an Adverse Employment Action

?Takeaway: To take advantage of the Faragher/Ellerth affirmative defense against sexual harassment, an employer must prove both that it acted reasonably to prevent and correct sexual harassment and that the employee unreasonably failed to act by not using... Read more »

Trans-Atlantic Framework Would Ease EU-to-US Data Flows

?The United States and the European Commission (EC) have agreed in principle to a new protocol—the Trans-Atlantic Data Privacy Framework—that would make it easier for companies to transfer personal information, including employee... Read more »

Failure to Use Progressive Discipline Dooms Hospital’s Summary Judgment Motion

?Procedural deviations during a hospital employee’s suspension and disciplinary hearing, including the lack of progressive discipline required by a collective bargaining agreement, could support an inference of retaliatory motivation related to her... Read more »

Court Revives Temporary Worker’s Claim Against Contractor’s Client

?Takeaway: A company can potentially avoid being subject to federal employment laws by having contractors supply staff for events. However, the company should avoid dictating contractor staffing decisions or else the company... Read more »

Extra H-2B Visas Now Available for Summer Employment

?Employers in the U.S. may now apply for the recently released 35,000 H-2B visas made available for seasonal foreign guest workers this summer. The additional visas are for those starting work through... Read more »

Apple Postpones Plans to Work in the Office Three Days a Week

?Noting a recent surge in COVID-19 cases, Apple Inc. informed employees May 17 that it is delaying its plans to require employees to work in the office three days a week. We’ve... Read more »

House Committee Advances Wage Theft Bill

The House Education and Labor Committee advanced a bill to raise penalties on employers who violate wage requirements under the Fair Labor Standards Act (FLSA). The Democrat-sponsored measure moved forward after a... Read more »

Health Plan Contraceptive Coverage Linked to Declining Abortion Rates

The U.S. Supreme Court’s pending ruling on Roe v. Wade is drawing attention to health plans’ coverage of birth control. As the Affordable Care Act (ACA) provided increased access to affordable, long-acting... Read more »

Changes Made to Paid Sick Leave for British Columbia Employees

?On Jan. 1, the British Columbia government introduced a new paid sick leave as an amendment to the British Columbia Employment Standards Act. As set out in a previous article, the new provisions to... Read more »

Dubai, UAE, Financial Services Authority Whistleblowing Regime Has Taken Effect

?On July 7, 2021, the Dubai, United Arab Emirates (UAE) Financial Services Authority (DFSA) released Consultation Paper No. 141 (“CP 141”), proposing the introduction of measures aimed at ensuring a more consistent... Read more »
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