With California set to lift nearly all masking and social distancing requirements on June 15, the California Occupational Safety and Health Standards Board (“Cal/OSHA”) has placed the burden on employers with unvaccinated...more
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New York’s HERO Act, which goes into effect on June 4, 2021, will require all New York employers to implement permanent protections against airborne infectious diseases in the workplace. Employers can either...more
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New Jersey has joined a growing list of states that have legalized recreational marijuana. On Election Day, roughly two-thirds of New Jersey voters said “yes” to a ballot question asking whether the state...more
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The U.S. Equal Employment Opportunity Commission (EEOC) issued a new opinion letter providing a more limited interpretation of its authority to bring pattern or practice cases against employers than it did in...more
9/11/2020
/ Civil Rights Act ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Authority ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Judicial Authority ,
Labor Law Violations ,
Opinion Letter ,
Retaliation ,
Title VII
On August 24, 2020, the U.S. Department of Labor (DOL) issued a new Field Assistance Bulletin, reminding employers that they must use reasonable diligence to track and pay for all hours worked while employees are working...more
The New York Court of Appeals recently affirmed the decision of the Unemployment Insurance Appeals Board that Postmates couriers should be classified as employees, not independent contractors, for purposes of unemployment...more
On May 7, 2020, the EEOC announced that due to COVID-19 it will delay opening of the 2019 EEO-1 Component 1 data collection. Currently, the agency anticipates collecting EEO-1 Component 1 data for both 2019 and 2020, in March...more
5/13/2020
/ Coronavirus/COVID-19 ,
Data Collection ,
Deregulation ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
In light of the ongoing COVID-19 pandemic, most colleges and universities have moved to online learning for the remainder of the school year with the potential for continuing in to the Fall semester. Schools have taken...more
No employer is immune from the storm of legislation Congress has passed in response to the COVID-19 pandemic. ...more
Los Angeles is the latest jurisdiction to offer paid leave to those impacted by the pandemic, following New York, Colorado, Michigan, and the cities of San Francisco and San Jose. ...more
This morning, the House of Representative passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and President Trump is expected to sign the bill immediately....more
On March 18, 2020, New York enacted a law which would require employers to provide certain sick leave benefits to employees who are subject to a mandatory or precautionary quarantine or isolation issued by any governmental...more
The state of New York adopted a new section of the New York Labor Law in November 2019. Under the immediately effective provisions of Section 203-e, an employer cannot...more
12/31/2019
/ Anti-Retaliation Provisions ,
Damages ,
Employee Handbooks ,
Employee Privacy Rights ,
Employee Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
New Legislation ,
Reproductive Discrimination ,
State Labor Laws
A new California law, stemming from Assembly Bill 5 (AB 5), expands and codifies the California Supreme Court’s 2018 decision in Dynamex Operations West Inc. v. The Superior Court of Los Angeles, which we reported on...more
9/24/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The Department of Labor (DOL) published a notice seeking comment on proposed revisions to its Wage and Hour Division’s optional-use forms that employers often use to implement the Family and Medical Leave Act (FMLA)....more
New York Governor Andrew Cuomo signed into law yesterday a bill which will dramatically alter the way discrimination and harassment claims are treated in New York....more
8/13/2019
/ #MeToo ,
Confidentiality Agreements ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Harassment ,
Hostile Environment ,
New Legislation ,
NYSHRL ,
Regulatory Requirements ,
Settlement Agreements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations
New York Governor Andrew Cuomo signed two bills into law yesterday, amending Labor Law §194, to address the much-discussed "wage gap."
New York previously barred pay differences based on gender, but the law signed...more
7/12/2019
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On Monday, June 3, 2019, the U.S. Supreme Court issued a decision in Fort Bend County v. Davis, unanimously finding that Title VII’s administrative exhaustion requirement is not jurisdictional and that employers may forfeit...more
6/5/2019
/ Administrative Procedure ,
Appeals ,
Certiorari ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Exhaustion Doctrine ,
Federal Rules of Civil Procedure ,
Fort Bend County Texas v Davis ,
Jurisdiction ,
SCOTUS ,
Split of Authority ,
Title VII
Mayor Bill de Blasio signed the "Stop Sexual Harassment in NYC Act" into law last week. The Act brings sweeping changes that affect all New York City employers. ...more
Businesses with employees in California may need to reevaluate whether their workers are independent contractors or employees in light of a recent decision by the California Supreme Court. ...more
5/16/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Risk Assessment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Governor Phil Murphy continues to remake the legal landscape in New Jersey. On April 24, 2018, he signed into law far-reaching pay-equity legislation that will take effect on July 1, 2018....more
4/25/2018
/ Employer Liability Issues ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Protected Class ,
Sex Discrimination ,
State and Local Government ,
State Labor Laws ,
Wage and Hour