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Newsletter August, 2023

California: High Court will decide if proposition 22 classifying on the independent nature of drivers is constitutional.

August, 2023
  • California's Supreme Court has agreed to review to the constitutionality of Proposition 22, a 2020 ballot measure that classified gig drivers as independent contractors.
Newsletter June, 2023

USA: Equal Employment Opportunity Commission issued new guidance on the use of artificial intelligence in employment selection procedures

June, 2023
Newsletter May, 2023

Goldman Sachs ends lawsuit on gender discrimination

May, 2023
  • On 15 May 2023, the United States District Court for the Southern District of New York granted preliminary proposal approval for one of the largest discrimination settlements in US history.
  • The lawsuit accuses Goldman of hindering women's career advancement, as the company's performance appraisal process allegedly favored men with promotions and higher salaries.
  • Goldman Sachs will pay $215 million to settle the class action lawsuit, covering approximately 2,800 females.

USA: OSHA Launches Nationwide Program Focusing on Workplace Falls

May, 2023
  • On 1 May 2023, the U.S. Department of Labour announced that its Occupational Safety and Health Administration (OSHA) launched a new National Emphasis Program (NEP) to reduce or eliminate injuries and fatalities associated with falls while working at heights in all industries.
  • The NEP became effective immediately, and it applies to all industries.
  • It aims to achieve its goals through enforcement (including hazard-based inspection targeting and optional locally-generated programmed targeting in construction), outreach to employers, and compliance assistance.
Newsletter April, 2023

USA: the National Labor Relations Board (“NLRB” or the “Board”) released a memorandum on severance agreements

April, 2023
  • The National Labor Relations Board (NLRB ) recently held, in McLaren Macomb, 372 NLRB No. 58, that an employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA) with severance agreements containing overly broad non-disparagement and confidentiality of agreement clauses with employees.
  • The decision states that offering employees such kind of agreement restricts their ability to exercise their rights to self-organisation, join labour organizations, and engage in "other concerted activities" to improve the workplace.
  • On 23 March 2023, the NLRB General Counsel issued a memorandum (Memorandum GC 23-05) to guide the issue, taking an expansive view of the decision.
Newsletter February, 2023

USA: New Jersey Governor Phil Murphy (D) signed into law the “Temporary Worker Bill of Rights

February, 2023
  • On 6 February 2023, New Jersey Governor signed into law Assembly Bill No. A1474 / S511,1, known as the "Temporary Worker Bill of Rights," concerns the employment and protection of temporary labourers.
  • It aims to eliminate pay disparities and increase oversight of temporary staffing agencies.
Newsletter January, 2023

USA: Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections (or PUMP) for Nursing Mothers Act

January, 2023
  • On 22 December 2022, Congress passed, with bipartisan support, the 2023 omnibus government funding bill, which includes the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act).
  • The new legislation, signed by President Biden on 29 December, clarifies the rights and treatment of working mothers that historically were regulated under multiple statutes, regulations, and court decisions.
Newsletter September, 2022

California: A decision on workplace seating requirement

September, 2022
  • On 19 July 2022, in the case Meda v. AutoZone, a Los Angeles-based California Court of Appeal set some guidance on how employers may comply with the State’s workplace seating requirement. 
  • This decision stresses that whether the employer has “provided” a seat to employees raises a question requiring consideration of a variety of factors, such as distance from the seat to the workstation, employer notice that seats may be used and how often employees use them.

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