This week, we look at H.R. 4445, new federal legislation that addresses mandatory arbitration of sexual assault and harassment claims.  

Congress Passes Act Addressing Mandatory Arbitration of Sexual Assault and Harassment Claims

Congress recently passed, and President Biden is expected to sign, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The law is limited in scope and impacts pre-dispute agreements to arbitrate claims of sexual harassment and sexual assault and the forum in which they can be litigated. Attorney Emily Patajo tells us more.

Video: YouTubeVimeo.

Podcast: Apple PodcastsGoogle PodcastsOvercastSpotifyStitcher.

“Shields Up” Encouraged as Cyber War Ramps Up

Last week, in response to the escalating conflict between Russia and the Ukraine, the U.S. Cybersecurity and Infrastructure Agency urged a “Shields Up” defense-in-depth approach and guidance. The guidance highlights the need to communicate with employees about hypervigilance of phishing and other social engineering attacks. Read more.

Salaried Nonexempt Status Comes with Major Risks

Salaried nonexempt status ordinarily starts with good motives, but it frequently ends with claims for unpaid overtime. Although paying overtime-eligible employees on a salary basis is a lawful, available option, it comes with significant risks that an employer must understand and navigate in order to pay these workers correctly. Read more.

Other Highlights

COVID-19 WORKFORCE (re)sources
Click here to see what state and local governments have done to address the COVID-19 pandemic this week.

Early Covid-19 Disability Ruling Offers Blueprint for Lawsuits
Bloomberg Law
Jennifer Barna (Quoted)

Cookies Resulting in Cross Border Data Transfers to the United States Draw Scrutiny from European Data Privacy Regulators
Commercial Litigation Update
Brian Cesaratto, Alexander Franchilli

Epstein Becker Green Submits Comment Arguing Against Continuing Inefficient and Ineffective Remote NLRB Hearings
Management Memo
Adam Abrahms, Steve Swirsky, Brock Olson, Neresa De Biasi

About Employment Law This Week

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