In June, 2021, Philadelphia’s previous public health emergency leave mandate expired. However, on March 9, 2022, Philadelphia Mayor Jim Kenney signed a new bill extending COVID-19 paid sick leave to certain eligible...more
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The nationwide scrutiny of non-compete agreements continues in 2022. An increasing number of states are severely limiting, or absolutely prohibiting, the use of restrictive covenants. While for many years...more
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The Biden Administration has announced vaccine mandates for certain federal contractors and subcontractors, employees of large, private employers, and certain health care workers, all of which are slated to take...more
11/11/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
The Occupational Safety and Health Administration (”OSHA”) has issued its long-awaited Emergency Temporary Standard requiring employers with 100 or more employees to mandate that each worker be fully vaccinated, or subject to...more
On September 7, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit claiming an employer discriminated against disabled employees by failing to provide workplace accommodations related to COVID-19....more
The Colorado Supreme Court issued its long-awaited decision in Nieto v. Clark’s Market, Inc., ruling that employers must pay employees for any earned but unused vacation upon termination of employment. This decision means...more
A federal judge in Colorado has upheld the enforceability of Colorado’s pay transparency law, despite vigorous challenges from the business community. As previously reported here, in November 2020, Colorado passed sweeping...more
Today, the U.S. Equal Employment Opportunity Commission (EEOC) substantially augmented its technical assistance questions and answers related to the COVID-19 pandemic, and the application of the Americans with Disabilities...more
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On January 26, 2021, the U.S. Department of Labor (DOL) suspended a Final Rule on tipped employees that it previously had announced on December 22, 2020. The Final Rule clarified tip pooling for employees in the...more
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The U.S. Department of Labor announced a Final Rule on December 22, 2020, that clarifies tip pooling for employees in the food service and hospitality industry, as well as how the tip credit applies to employees...more
The Colorado Department of Labor and Employment adopted final regulations regarding equal pay transparency under the state’s Equal Pay for Equal Work Act (EPEWA) on November 10, 2020. The earlier proposed regulations...more
The Colorado Department of Labor and Employment issued proposed regulations regarding equal pay transparency under Colorado’s Equal Pay for Equal Work Act (EPEWA), which goes into effect January 1, 2021....more
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On September 8, 2020, a federal judge in New York struck down significant portions of the U.S. Department of Labor (DOL) joint employer rule, which had narrowed the situations in which businesses can be held...more
The Equal Employment Opportunity Commission issued two sets of guidance last week, one to employees and one to health care providers, addressing various issues under the Americans with Disabilities Act relating to reasonable...more
8/17/2020
/ Americans with Disabilities Act (ADA) ,
Drug Testing ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
New Guidance ,
Opioid ,
Pain Management ,
Prescription Drugs ,
Reasonable Accommodation ,
Substance Abuse
The COVID-19 pandemic has underscored the important role that gig workers play in our economy. At the same time, it also has highlighted the working conditions of gig workers, spurring several states to take action on their...more
8/12/2020
/ ABC Test ,
Ballot Measures ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Preliminary Injunctions ,
Ridesharing ,
State Attorneys General ,
State Labor Laws ,
TRO ,
Wage and Hour
On September 1, 2020, the Philadelphia Commission on Human Relations (PCHR) will begin enforcing the Wage Equity Ordinance (Ordinance), which prohibits employers in Philadelphia from asking job applicants for their salary...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
The National Labor and Review Board (NLRB) issued a final rule on February 25, 2020, that codifies a majority of the changes it proposed to its joint employer test in September 2018. These changes will take effect on April...more
2/26/2020
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Staffing Agencies ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
The Department of Labor (DOL) issued a final rule last weekend that codifies a majority of the changes it proposed to the joint employer test in April 2019. These changes will take effect on March 16, 2020....more
As previously reported, the Colorado Department of Labor and Employment (CDLE) has been considering major changes to the state’s Wage Protection Act (WPA). ...more
As we previously reported, the Colorado Department of Labor and Employment (CDLE) has been considering major changes to the state’s overtime and minimum wage laws this year. Details on the recently proposed changes follow....more
11/25/2019
/ Employer Liability Issues ,
Exempt-Employees ,
Labor Regulations ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
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
On July 25, 2019, New Jersey passed a salary history ban, following in the footsteps of more than a dozen other states and cities that have already passed legislation intended to combat gender-based pay inequity. ...more
7/31/2019
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
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
Philadelphia’s journey toward a $15-an-hour minimum wage began last week, part of an increasingly common trend in major U.S. cities. Minimum wage in the City of Philadelphia is $13.25 an hour as of July 1. Additionally,...more
The Minnesota Legislature recently passed a law that creates significant new notice and recordkeeping requirements, recognizes “wage theft,” and imposes heightened civil and criminal penalties for violations....more
7/2/2019
/ Employer Liability Issues ,
Labor Law Violations ,
Labor Regulations ,
New Legislation ,
Penalties ,
Recordkeeping Requirements ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Statements ,
Wage Theft