In the second in a series of blogs examining often overlooked or misunderstood provisions of common employment laws, today we are covering four things employers may not know about the federal Uniformed Services Employment and...more
Effective July 1, 2024, the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (“Ordinance”) will entitle eligible employees to accrue up to 40 hours of Paid Leave and up to 40 hours of Paid Sick Leave in a 12-month...more
Following the COVID-19 pandemic, the number of employers with remote employees has significantly increased. Employers are reminded to monitor employment laws and ensure compliance in all jurisdictions in which they have...more
On April 29, 2024 the U.S. Equal Employment Opportunity Commission (“EEOC”) published its final guidance on harassment in the workplace.
As Proskauer previously covered, this final guidance follows proposed guidance,...more
5/7/2024
/ Anti-Harassment Policies ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Corrective Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Harassment ,
Hostile Environment ,
Investigations ,
LGBTQ ,
Pregnancy Discrimination ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII
On October 2, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) published long-anticipated proposed guidance related to workplace harassment. If adopted by the EEOC, the enforcement guidance would supersede four...more
10/9/2023
/ ADEA ,
Anti-Discrimination Policies ,
Bostock v Clayton County Georgia ,
Canada ,
Causation ,
Compliance ,
Employer Liability Issues ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Proposed Guidance ,
SCOTUS ,
Title VII ,
Workplace Harassment Guidance
The United States Department of Homeland Security (“DHS”) has issued a final rule that will permit certain employers to remotely verify I-9 employment authorization documents on a permanent basis beginning August 1, 2023....more
7/26/2023
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Employment Eligibility Verification ,
Form I-9 ,
Hiring & Firing ,
Immigration Procedures ,
Remote Working ,
Required Forms ,
USCIS
On May 11, 2023, Governor Ron DeSantis signed into law a “medical freedom” bill (SB 252), which amends and expands the existing Florida statute Section 381.00316, prohibiting businesses from requiring their customers and...more
As we have reported previously, on April 10, 2023 President Biden signed legislation ending the COVID-19 National Emergency. However, the rollback of COVID-19 requirements was already underway in many state and municipal...more
5/9/2023
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Public Health ,
Sick Leave ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Florida Legislature has passed a bill that, if enacted, will require private employers with 25 or more employees to use the federal E-Verify system to verify the employment eligibility of newly hired employees beginning...more
The New York State Department of Labor (“DOL”) has released its long-awaited updated model sexual harassment prevention policy that addresses issues such as gender identity, remote work, and bystander intervention. As we...more
The Florida Department of Legal Affairs has issued an emergency rule and other additional guidance regarding the recently enacted House Bill HB-1B, which, among other things, requires private employers who mandate COVID-19...more
Proskauer’s 26th Annual Trick or Treat Seminar was held virtually on Friday, October 29th and discussed timely topics and best practices specifically tailored to the not-for-profit community. ...more
11/3/2021
/ Best Practices ,
CARES Act ,
Charitable Donations ,
Charitable Organizations ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Mandates ,
Environmental Social & Governance (ESG) ,
Hardship Distributions ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
Legislative Agendas ,
OSHA ,
Regulatory Agenda ,
SECURE Act ,
Tax Exempt Entities ,
Tax Reform ,
Vaccinations ,
Workplace Safety
As we have previously reported, the Families First Coronavirus Response Act (FFCRA), which remains in effect through December 31, 2020, provides, among other things, that eligible employees can take up to 12 weeks of FMLA...more
8/29/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Guidance Update ,
Paid Leave ,
Popular ,
Public Health Emergency ,
Public Schools ,
Re-Opening Guidelines ,
School Closures
As the outbreak of COVID-19 affects the country and states, counties and cities take various measures to slow the transmission, many employers are facing uncertainty and considering business contingency measures. To the...more
Quick Hit: The U.S. Department of Labor has announced the recipients of the 2018 HIRE Vets Medallion Program Demonstration Award. The award recognizes employers who hire veterans and take efforts to establish employee...more
Quick Hit: Data released by OFCCP shows the agency obtained $16.4 million in monetary relief for roughly 12,000 class members in FY 2018. While that is a drop from the record year recovery of $23.9 million in FY 2017, it is...more
The Southern District of Florida recently held that to establish a prima facie case under the Florida Private Whistleblower Act (FWA), § 448.102(3), Fla. Stat., a plaintiff must show an actual violation of a law, rule or...more
A former employee of the upscale outdoor furniture designer and manufacturer Brown Jordan recently failed in his bid to pursue whistleblower retaliation claims against the company and also found himself liable for snooping on...more
The Colorado Wage Protection Act, which amended the existing Colorado Wage Act, § 8-4-101, et seq., governs payment of wages for work performed in Colorado. The Act became effective on January 1, 2015, and is enforced by the...more
Despite 14 pages of vigorous dissent, a majority of a three-judge panel of the Eleventh Circuit has done the right thing and joined the Fourth, Sixth and Ninth Circuits in holding that the National Bank Act (“NBA”) preempts...more
On December 4, 2014, the U.S. Court of Appeals for the Eleventh Circuit upheld summary judgment in favor of an employer against a pregnant employee who had requested FMLA, who was told by her direct supervisor “that [her]...more
On December 2, 2014, Miami-Dade County Commission amended the County’s Human Rights Ordinance (Chapter 11A of the Code of Ordinances of Miami Dade County, Florida) to prohibit discrimination based on gender identity and...more
In April 2014, the Florida Supreme Court, resolving the split in the Florida District Courts of Appeal, held that the Florida Civil Rights Act (“FCRA”) prohibits discrimination in employment on the basis of pregnancy....more
Two weeks ago, the U.S. District Court for the Middle District of Florida dismissed with prejudice a former employee’s Dodd-Frank whistleblower claim on the ground that the employee was not a “whistleblower” within the...more
The 1993 Family and Medical Leave Act ("FMLA" or the "Act") turned 20 in 2013. To mark its 20th birthday, the U.S. Department of Labor released the 2012 FMLA Survey Report and issued a final rule implementing important...more