North America

Labor Management Relations Under President Biden – Video & Podcast

As featured in #WorkforceWednesday:  This week on our special podcast series, Employers and the New Administration, we look at what President Biden’s support for unions throughout his political career might mean for labor management relations.

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Video & Podcast: Labor Management Relations Under President Biden – Employment Law This Week

As featured in #WorkforceWednesday:  This week on our special podcast series, Employers and the New Administration, we look at what President Biden’s support for unions throughout his political career might mean for labor management relations.

In this episode, Glenn Spencer, Senior Vice President of the Employment Policy Division at the U.S. Chamber of Commerce, and attorney Steve Swirsky discuss what employers can expect from the NLRB under the Biden administration. Attorney David Garland leads the conversation.

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Equal Pay Day 2021: Are Your Pay Decisions Fair and Equitable?

Today is “Equal Pay Day” in the United States, a symbolic date used to focus attention on gaps that exist between men’s and women’s wages.  Current estimates show that women still only earn 82 cents for every dollar a man makes.  While there are various opinions about the pay gap and what it means, today is not a day to celebrate; rather it is a day for honest reflection.  Ask the question: is your pay system equitable?

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D.C. Circuit Affirms Federal Jury’s Conviction of Texas Drilling Executive for Trade Secret Theft

On March 16, 2021, the U.S. Court of Appeals for the D.C. Circuit affirmed defendant Shan Shi’s conviction for conspiracy to commit theft of trade secrets. Given recent efforts at the state and now federal level to ban non-competes, employers may be more likely to consider partnering with law enforcement to remedy trade secret theft.

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Our Commercial Litigation Group Welcomes Gabriel Gibeau

March 19, 2021 — RSS’S Commercial Litigation Group is happy to welcome Gabriel Gibeau, who was just called to the Bar after articling with us. “Ever since he came on board, Gabriel has already demonstrated that he has the necessary qualities to succeed as a pleader before the courts”, explains team leader Jean-Pierre Sheppard. “The members of the group appreciate his commitment and his passion.”

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EEO-1 Reporting for 2019 and 2020 to Close in July 2021

On March 12, 2021, the Equal Employment Opportunity Commission (EEOC) announced that the EEO-1 Component 1 data collection period will open at the end of April 2021 and close in July 2021.  Submission of the EEO-1 Report is required for employers with 100 or more employees, and applicable Federal government contractors with 50 or more employees and contracts of $50,000. The agency has not announced an exact closing date, indicating:

The EEO-1 Component 1 data collection will open at the end of April 2021 and close in July 2021. The exact closing date will be posted when the data collection launches. Employers will be notified of additional details and how to access the online filing system in April.

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Hiring by Algorithm: Legal Issues Presented by the Use of Artificial Intelligence in Sourcing and Selection

Recruiting qualified applicants and hiring top talent have always been time-consuming endeavors that come with constant worry about making a wrong hire. Added to this, the COVID-19 pandemic effectively put a halt to employers’ ability to evaluate applicants in-person. These factors, and others, have led many employers to adopt or to, consider adopting, artificial intelligence (AI) tools to optimize recruitment by introducing efficiencies, reaching a broader pool of applicants, increasing consistency and uniformity in the evaluation of applicants, and, in some cases, helping employers meet diversity, equity, and inclusion goals. Typically, employers opting to use AI, contract with third-party vendors that offer AI-powered algorithms, which perform a variety of functions, such as cognitive assessments, personality tests, and video interviews.

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Video: The American Rescue Plan, OSHA’s New COVID-19 Directive, and NY Mandates COVID-19 Vaccine PTO – Employment Law This Week

As featured in #WorkforceWednesday:  This week, COVID-19 recovery and safety are top of mind as new stimulus funding, an Occupational Safety and Health Administration (“OSHA”) directive, and paid leave requirements are put in place.

Video: YouTubeVimeo.

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“Smile, You’re on Camera”: Towards an Increased Use of Employee Monitoring Tools for Teleworking?

By Eliab Taïrou, from our Labour and Employment Law Group

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March 15, 2021 — It is well known that a major part of labour law consists of balancing the rights and interests of the employer with those of the employees.

One of the evolving and topical aspects of this balancing act is the question of the employer’s power of direction versus the employee’s right to privacy. The right to fair and reasonable working conditions also comes into consideration. How, then, can the employer manage and operate its business while respecting the employee’s dignity and privacy?

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New Internet of Things (IoT) Cybersecurity Law’s Far Reaching Impacts

Enacted on December 4, 2020, the Internet of Things Cybersecurity Improvement Act of 2020 (the “IoT Act”) is expected to dramatically improve the cybersecurity of the ubiquitous IoT devices.[1] With IoT devices on track to exceed 21.5 billion by 2025, the IoT Act mandates cybersecurity standards and guidelines for the acquisition and use by the federal government of IoT devices capable of connecting to the Internet. The IoT Act, and the accompanying standards and guidance being developed by the National Institute of Standards and Technology (NIST) will directly affect government contractors who manufacture IoT devices for federal government use, or who provide services, software or information systems using IoT devices to the federal government.

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