In recent years, we have seen numerous notable employment and labor law developments annually, and 2023 was no exception. As the year comes to a close, US employers should take time to prepare for 2024 by reviewing their key...more
As the summer winds down, multistate employers must remain apprised of an ever-increasing number of obligations in the area of pay transparency. Below, we highlight recent developments to existing pay transparency laws,...more
The US Citizenship and Immigration Services (USCIS) recently launched a new Form I-9 for employers verifying employment eligibility and announced a new alternative procedure permitting certain employers to inspect employees’...more
In June 2023, Colorado Gov. Jared Polis signed into law the Protecting Opportunities and Workers’ Rights (POWR) Act, which, among other things, substantially limits the use of nondisclosure agreements, lowers the burden of...more
Recently, the US Equal Employment Opportunity Commission (EEOC) made clear that it intends to make discrimination caused by artificial intelligence (AI) tools an enforcement priority over the next four years. This enforcement...more
On February 21, 2023, the National Labor Relations Board (NLRB) returned to long-standing precedent that an employer may not offer severance conditioned on an employee’s agreement to broad nondisparagement and confidentiality...more
Background Washington state’s Engrossed Substitute House Bill 1795, also known as the Silenced No More Act, took effect June 9, 2022, and prohibits nondisclosure and nondisparagement provisions that prevent an employee or...more
On January 13, the Virginia Department of Labor and Industry’s Safety and Health Codes Board voted to enact a permanent workplace safety rule to protect employees from COVID-19 exposure, making Virginia one of the first...more
With legislative activity around COVID-19 is continuing at a steady pace, it is easy to lose track of the myriad requirements applicable to employers, especially those requirements applicable to employees reporting into a...more
On June 15, 2020, the Supreme Court of the United States "at last" issued a 6-3 decision in which it "did not hesitate" to extend protection under Title VII of the Civil Rights Act of 1964 to gay and transgender workers....more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On April 3, 2019, the US Equal Employment Opportunity Commission (EEOC) submitted a proposed plan to delay the collection of employee pay data from May 31, 2019, to September 30, 2019. The EEOC's proposal was filed in...more
The federal Fair Credit Reporting Act protects the rights of employment candidates and employees when the employer seeks a consumer report, commonly known as a background check, conducted by a third-party investigator. Many...more
As the calendar turns from 2018 to 2019, New York's minimum wage and minimum exempt salary threshold are set to increase in accordance with their respective implementation schedules. Similarly, the New York Paid Family Leave...more
In the wake of the #MeToo movement and resulting nationwide conversation about sexual harassment, California lawmakers recently passed legislation intended to combat sexual harassment in the workplace. On September 30, 2018,...more
Yesterday, the President issued a new Executive Order (E.O.) prohibiting certain financial transactions involving the Venezuelan government, including Petroleos de Venezuela, S.A. (PdVSA), the state-owned oil company....more
An amendment to New York City's Earned Sick Time Act, which went into effect on May 5, 2018, now permits employees to use earned sick time for certain new designated purposes, including dealing with domestic violence, sexual...more
On April 30, 2018, the California Supreme Court unanimously rejected the common law test for independent contractors used in California for the last three decades and, for purposes of California's wage orders (which impose...more
Effective January 1, 2018, California joins a number of other states and major cities in prohibiting private employers from making pre-offer inquiries regarding an applicant's criminal history (so-called "ban the box" laws)....more
Beginning on January 1, 2018, employers in New York must offer family leave benefits to eligible employees under the New York Paid Family Leave Benefits Law (PFL), including partial wage replacement and job protection for up...more
Recently, California's Governor Jerry Brown approved of new legislation impacting California employers. Employers should take note of these laws, which address wage discrimination and expand unpaid baby bonding leave, to...more
Existing California law prohibits employers from discharging or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault or stalking who takes time off work for...more
On December 22, 2016, the California Supreme Court addressed two related issues: (i) whether California law requires employers to permit off-duty rest periods – that is, time during which an employee is relieved from all...more
The California Supreme Court has issued a recent opinion (Kilby v. CVS Pharmacy, Inc., No. S215614) interpreting, for the first time, California's Wage Order requirement that "all working employees shall be provided with...more
In a prior Alert dated June 11, 2012, we reported on a California appellate court decision in Iskanian v. CLS Transportation Los Angeles, LLC ("Iskanian"), which upheld the use of class and representative action waivers in...more
7/30/2014
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
CLS Transportation ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Hiring & Firing ,
Iskanian ,
Private Attorneys General Act (PAGA) ,
Trucking Industry