New York recently enacted the Retail Worker Safety Act (RWSA), which takes effect on March 4, 2025, requiring certain retail employers to develop and implement protocols aimed at preventing violence in the workplace. Among...more
In an update to our January 5, 2023 post and our June 27, 2023 post regarding the Pregnant Workers Fairness Act (“PWFA”), which took effect in late June, the Equal Employment Opportunity Commission (“EEOC”) has released...more
8/11/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Comment Period ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Lactation Accommodation ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Proposed Regulation ,
Reasonable Accommodation ,
Title VII ,
Undue Hardship
The Supreme Court’s unanimous decision in Groff v. DeJoy has curtailed an employer’s ability to demonstrate an “undue hardship” when assessing an employee’s request for a religious accommodation under Title VII of the Civil...more
7/7/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
In a 6-3 decision, the U.S. Supreme Court held in Students for Fair Admissions, Inc. v. President and Fellows of Harvard Coll., No. 20-1199, 600 U.S. – (U.S. June 29, 2023) (available here) that affirmative action programs at...more
7/6/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Private Sector ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII ,
Universities
The BakerHostetler Labor and Employment Practice Group keeps a close watch on new and upcoming employment and labor laws that could have a significant impact on our New York-based clients. This alert highlights just some of...more
4/27/2023
/ Artificial Intelligence ,
At-Will Employment ,
Automation Systems ,
Earned Sick Time ,
EEO-1 ,
Employee Monitoring ,
Employment Discrimination ,
Hiring & Firing ,
Labor Law Violations ,
Lactation Accommodation ,
Local Ordinance ,
New Legislation ,
Pay Transparency ,
Proposed Legislation ,
Reporting Requirements ,
State Labor Laws ,
Statute of Limitations ,
Wrongful Termination
Although coined in the late 1990s, the term “neurodivergent” has only recently risen to mainstream recognition, with some studies now claiming that up to one in five employees identify as neurodivergent. As employers begin to...more
Unless you have had all media of every kind shut off the past few days, you have seen that on June 24 the U.S. Supreme Court held in a 5-4 opinion that Roe v. Wade - a nearly 50-year-old Supreme Court opinion providing the...more
The increased number of employees working remotely has caused a host of problems for employers - and employees - during the throes of the pandemic. Now that remote work is looking more and more like the new normal, it’s more...more
Update: CMS recently modified compliance deadlines for facilities previously subject to the injunctions lifted by the Supreme Court. Those facilities must now comply with phase 1 of the CMS rule by February 13, 2022 and phase...more
In the continuing saga of whether the Occupational Safety and Health Administration’s (OSHA) “COVID-19 Vaccination and Testing; Emergency Temporary Standard” (ETS) is legal, the U.S. Supreme Court is set to weigh in on an...more
12/24/2021
/ Biden Administration ,
Certiorari ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
Oral Argument ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
A three-judge panel of the Sixth Circuit, on Dec. 17, 2021, considered whether or not to extend the Fifth Circuit’s stay of the OSHA emergency temporary standard vaccine mandate or to reinstate the mandate. In a 2-1 majority...more
Our OSHA Vaccine Mandate Team deciphers the entirety of the new Emergency Temporary Standard and provides real-time guidance on how to comply....more
On Sept. 9, 2021, President Biden announced his COVID-19 Action Plan – “Path Out of the Pandemic.” As part of this plan, the Centers for Medicare & Medicaid Services (CMS) was directed to issue emergency regulations requiring...more
Join us as we discuss the Occupational Safety and Health Administration (OSHA)'s newly released Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to ensure their workers are fully vaccinated or...more
11/5/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Exemptions ,
OSHA ,
Paid Time Off (PTO) ,
Recordkeeping Requirements ,
Reporting Requirements ,
Vaccinations ,
Virus Testing ,
Webinars ,
Workplace Safety
On Sept. 10, 2021, the Biden administration announced its plans to mandate that employers with 100 or more employees implement vaccine requirements as a condition of employment. More specifically, the administration has...more
On July 27, 2021, the Centers for Disease Control and Prevention (CDC) issued updated Interim Public Health Recommendations for Fully Vaccinated People (Updated CDC Guidance). The Updated CDC Guidance is based upon new...more
Over the past several weeks, as the number of vaccinated Americans continues to rise, many jurisdictions have eased, or even eliminated, their COVID-19 business restrictions and mask mandates. Most notably, on May 13, 2021,...more
BakerHostetler’s Labor and Employment Group Chair Amy Traub discusses considerations around vaccine administration for employers from the perspectives of employment law, employee safety and health, and labor-management...more
12/28/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Labor Relations ,
OSHA ,
Vaccinations ,
Workers' Compensation Claim ,
Workplace Safety
On March 18, 2020, Congress passed, and President Trump signed, the Families First Coronavirus Response Act (“FFCRA”). The Act took effect April 1, 2020, and it sunsets on December 31, 2020. This set of FAQs is intended to...more
On Wednesday, March 18, 2020, Congress passed, and President Trump signed, the Families First Coronavirus Response Act (“FFCRA”). The Act took effect April 1, 2020, and it sunsets on December 31, 2020. This set of FAQs is...more
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a roughly $2 trillion bill intended to provide emergency assistance and healthcare response for individuals, families, and businesses affected by the COVID-19...more
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a roughly $2 trillion bill intended to provide emergency assistance and healthcare response for individuals, families, and businesses affected by the COVID-19...more
On Wednesday, March 18, 2020, Congress passed, and President Trump signed, the Families First Coronavirus Response Act (“FFCRA”). The Act took effect April 1, 2020, and it sunsets on December 31, 2020. This set of FAQs is...more
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a roughly $2 trillion bill intended to provide emergency assistance and healthcare response for individuals, families, and businesses affected by the COVID-19...more
BakerHostetler’s COVID-19 Labor and Employment Issues Task Force issued a set of frequently asked questions (FAQs) on March 18, 2020, regarding general legal issues concerning the COVID-19 pandemic. Below are new FAQs that...more
3/31/2020
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Hiring & Firing ,
Layoffs ,
NLRB ,
Paid Leave ,
Sick Leave ,
Unemployment Benefits ,
Unemployment Insurance ,
Unions