Jackson Lewis P.C.

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666 Third Avenue
29th Floor
New York, NY 10017, United States
Phone: 267-319-7803
Areas Of Practice
  • Class Action
  • Immigration Law
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Privacy
Locations
Other U.S. Locations
  • Alabama
  • Arizona
  • California
  • Colorado
  • Connecticut
  • D.C.
  • Florida
  • Georgia
  • Hawaii
  • Illinois
  • Indiana
  • Kansas
  • Kentucky
  • Louisiana
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Missouri
  • Nebraska
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • Ohio
  • Oregon
  • Pennsylvania
  • Puerto Rico
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Virginia
  • Washington
  • Wisconsin
Other Countries
  • Puerto Rico
Number of Attorneys
800+ Attorneys

An Employer May Not Artificially Reduce an Employee’s Regular Rate to Avoid Paying Overtime, Eleventh Circuit Reiterates

Reviving a security guard’s claim for overtime pay, the Eleventh Circuit Court of Appeals recently reiterated that employers may not pay employees an artificially low regular rate of pay to avoid paying the proper amount of…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Over-Time, Rate of Pay

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New York State Issues Revised Model Sexual Harassment Policy and Training Materials

New York has released an updated model sexual harassment prevention policy and updated model training materials. The revised model policy increases the emphasis on gender discrimination in the workplace, with a particular focus…more

Department of Labor (DOL), Employee Training, Gender Identity, Human Rights, New York

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Illinois BIPA’s Healthcare Exemption Not Limited to Patient Information, Illinois Supreme Court Rules

Healthcare workers’ alleged biometric information “collected, used, and stored to access medications and medical supplies for patient health care treatment” is excluded from coverage under section 10 of Illinois’ Biometric…more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Fingerprints

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Changes

The song “Changes,” written by Phil Ochs, provides an opportune prism to examine the arguably cataclysmic changes implemented and portended by the new employer-friendly majority at the NLRB at the end of 2017 and expected in…more

Employer Liability Issues, Joint Employers, Micro-Unions, NLRA, NLRB

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District Court Strikes Portions of Inglewood’s Healthcare Worker Minimum Wage Ordinance

In 2022, the City of Inglewood passed a healthcare worker minimum wage ordinance. The new $25.00 minimum wage applies to private-sector healthcare employees who work in hospitals, integrated health systems, and dialysis clinics…more

California, Healthcare Workers, Hospitals, Minimum Wage, State Labor Laws

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2024 FLSA Checklist for Employers in the Manufacturing Industry

Wage and hour issues continue to challenge most employers, especially those in the manufacturing industry. The manufacturing industry tends to be more process- and systems-oriented and generally employ many hourly workers who…more

Department of Labor (DOL), Doffing, Donning, Fair Labor Standards Act (FLSA), Manufacturers

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U.S. Supreme Court: Alleging Discriminatory Transfer Is Sufficient Harm to Bring Title VII Claim

An employee challenging a job transfer under Title VII of the Civil Rights Act must show the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Discrimination

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Evaluating Evaluations in the Manufacturing Workplace

Like all employers, manufacturers tend to hold strong opinions about the use of performance reviews and evaluations in the workplace. Whether performance reviews make sense for a given manufacturer usually requires an…more

Age Discrimination, Employee Evaluations, Employment Discrimination, Manufacturers, Performance Reviews

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Department of Education Releases Final Rule Amending Title IX Regulations

The U.S. Department of Education has released its final amendments of the regulations to Title IX of the Education Amendments of 1972 regarding how educational institutions must handle allegations of sexual discrimination and…more

Amended Regulation, Department of Education, Educational Institutions, Grievance Process, Sex Discrimination

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Service Animal Access to Healthcare Facilities

While people may be familiar with many of the rules relating to the admission of service animals into public venues, do the same rules apply when a patient or visitor seeks to enter a hospital, medical office, or other…more

Disability, Healthcare Facilities, Hospitals, Reasonable Accommodation, Service Animals

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SCOTUS’ Recent Affirmative Action Decision and the Ripple Effect on DEI and AI-Powered Recruiting Platforms

The recent U.S. Supreme Court decision striking down affirmative action in undergraduate admissions, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199 has significant implications for…more

Affirmative Action, Algorithms, Artificial Intelligence, Civil Rights Act, College Admissions

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California Labor Commissioner Issues Guidance For Statewide Right Of Recall

Several months after Governor Newsom signed into law a statewide right of recall statute affecting the hospitality industry and building services, the Labor Commissioner’s office finally issued a Frequently Asked Questions…more

Governor Newsom, Hiring & Firing, Layoffs, Right of Recall, State and Local Government

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Class Action Trends Report, Fall 2021

The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom…more

Americans with Disabilities Act (ADA), Biometric Information, Class Action, Compensation, Coronavirus/COVID-19

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UAE Employees Must Be on Fixed-Term Contracts by End of 2023

Employers with operations in the United Arab Emirates (UAE) must transition their current contracts with employees that are not already fixed-term to fixed-term contracts by December 31, 2023. Federal Decree Law No. 33 of…more

Fixed-Term Labor Contracts, International Labor Laws, New Legislation, United Arab Emirates (UAE), Wage and Hour

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What Employers Should Know About the Latest CDC COVID-19 Guidance

It has been almost exactly four years since the COVID-19 pandemic changed the American working landscape. Many of us followed the Centers for Disease Control and Prevention (CDC) through multiple changes and guidance, including…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Healthcare Workers, Infectious Diseases, New Guidance

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Illinois Labor Disputes Act Amended

Illinois has enacted two amendments to its Labor Disputes Act (820 ILCS 5). The first, HB 2907 (P.A. 103-0040), limits the amount of monetary damages an employer can recover stemming from a labor dispute. The second, HB 3396…more

Employer Liability Issues, Illinois, Labor Disputes, New Amendments, Protests

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Amendment to Florida Civil Rights Act Restricts Concepts Employers Can Discuss in Training

Governor Ron DeSantis has signed HB 7, nicknamed the “Stop W.O.K.E. Act,” which stands for “Stop the Wrongs to Our Kids and Employees.” The new law’s stated purpose is to protect individual freedoms and prevent discrimination in…more

Civil Rights Act, Discrimination, Diversity, Employee Training, Governor DeSantis

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SCOTUS Declines To Decide Whether Objective Falsity Is Required To Establish Liability Under FCA

The question of whether the False Claims Act (FCA) requires a showing of objective falsity will continue to divide the circuit courts following the U.S. Supreme Court’s decision not to address the issue. To establish…more

Certiorari, False Claims Act (FCA), Health Care Providers, Healthcare Fraud, Liability

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Illinois Amends Family Bereavement Leave Act to Provide Extended Child Bereavement Leave

Illinois passed a new law that will extend the amount of unpaid leave that employees are entitled to for certain categories of child bereavement. The Child Extended Bereavement Leave Act (CEBLA), which was signed into law by…more

Amended Legislation, Bereavement Leave, Family and Medical Leave Act (FMLA), Governor Pritzker, Illinois

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New Jersey Enacts ‘Bill of Rights’ for Temporary Workers

New Jersey Governor Phil Murphy has signed into law the “Temporary Workers’ Bill of Rights,” providing temporary workers significant rights regarding their employment through temporary help service firms. Notice obligations for…more

Anti-Retaliation Provisions, Governor Murphy, Recordkeeping Requirements, State Labor Laws, Temporary Employees

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Department of Education Releases Final Rule Amending Title IX Regulations

The U.S. Department of Education has released its final amendments of the regulations to Title IX of the Education Amendments of 1972 regarding how educational institutions must handle allegations of sexual discrimination and…more

Amended Regulation, Department of Education, Educational Institutions, Grievance Process, Sex Discrimination

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Retail Industry Workplace Law Update – Spring 2023

The Year Ahead in Caffeinated Organizing- With a White House and National Labor Relations Board that are more pro-labor than most recent past administrations, a “labor renaissance” will be the overarching theme of 2023…more

Day-Rate Pay, Distributors, Employment Discrimination, Fair Workweek, Federal Arbitration Act

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Texas Expands Sexual Harassment Protections For Employees, Exposure For Employers And Individuals

Beginning September 1, 2021, Texas employers of any size may be sued for sexual harassment in the workplace under legislative changes (SB 45) passed by the Texas legislature. SB 45 also expands liability to include individuals…more

Anti-Retaliation Provisions, Employer Liability Issues, Investigations, Sexual Harassment, State Labor Laws

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Federal Trade Commission’s Sweeping Final Rule to Ban Non-Competes: What You Need to Know

On April 23, 2024, the Federal Trade Commission (FTC) issued its final rule prohibiting all non-compete agreements for all employees at all levels, with only extremely limited exceptions. The FTC’s much-anticipated action…more

CEOs, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Getting Ready for the Holidays and Pay

As we approach the holiday season, employers may have uncertainty about handling holiday pay and related issues with holiday closures. Under California law, hours worked on holidays, Saturdays, and Sundays are treated like…more

California, Holiday Pay, Holidays, State and Local Government, State Labor Laws

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Court Orders OFCCP to Release EEO-1 Reports

The Center for Investigative Reporting’s (CIR) lawsuit against the U.S. Department of Labor, Office of Federal Contract Compliance Program (OFCCP) over EEO-1 report access has ended — at least for now — in the court ordering…more

Defend Trade Secrets Act (DTSA), Department of Labor (DOL), EEO-1, Federal Contractors, FOIA

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Bill Would Revise New Jersey Law Against Discrimination To Limit Employment Agreements

A bill in the New Jersey State Senate would effectively prohibit jury waivers, arbitration clauses, and non-disclosure provisions related to claims under the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1, et seq…more

Employer Liability Issues, Employment Contract, Mandatory Arbitration Clauses, Non-Discrimination Rules

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New York State Budget Includes Enhanced Employer Obligations

The New York State enacted budget for fiscal year 2024 changes employers’ obligations by adding paid leave for prenatal care, converting unpaid break time for purposes of expressing breast milk into paid time, and incorporating…more

Coronavirus/COVID-19, Healthcare, Lactation Accommodation, New York, Paid Leave

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Lone Star State Enacts Consumer Privacy Law

On June 18, 2023, Texas’ Governor signed House Bill (HB) 4 which enacts the Texas Data Privacy and Security Act. Texas joins California, Colorado, Connecticut, Indiana, Iowa, Montana, Tennessee, Utah, and Virginia in enacting a…more

Consumer Privacy Rights, Data Privacy, Gramm-Leach-Blilely Act, Health Insurance Portability and Accountability Act (HIPAA), State Privacy Laws

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Full Eleventh Circuit Finds That Plaintiffs Lack Standing In Alabama Lawsuit Challenging State Prohibition Of Local Minimum Wage Laws

In a closely-split decision by the full court of appeals, the Eleventh Circuit has held that the plaintiffs lacked standing to pursue their claims against the named defendants in the lawsuit, specifically, the Attorney General…more

Local Ordinance, Minimum Wage, Standing, Wage and Hour

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Philadelphia’s COVID-19 Sick Leave Law Expires

Philadelphia’s COVID-19 Supplemental Paid Sick Leave law expired on December 31, 2023. As a result, as of January 1, 2024, employers are no longer required to provide additional paid sick leave to employees when they are absent…more

Coronavirus/COVID-19, Healthy Workplaces Healthy Families Act 2014, Paid Sick Leave, Sick Leave

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Strings Attached: Accepting COVID-19 Financial Relief Could Limit Ability To Oppose Union Organizing

Businesses that seek financial assistance under the Coronavirus Aid, Relief, and Economic Security (CARES) Act will be subject to several unique restrictions that could dramatically affect a company’s future. While the pending…more

CARES Act, Collective Bargaining, Coronavirus/COVID-19, Corporate Counsel, Federal Loans

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DOL Releases Final White-Collar Exemption Rule, Sets Minimum Salary to Increase in Phases Beginning July 1, 2024

The U.S. Department of Labor (DOL) has issued its Final Rule to increase the minimum salary requirements for the “white collar” exemptions (executive, administrative, and professional) from minimum wage and overtime pay…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Minimum Salary

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U.S. Supreme Court Rules on Narrow Jurisdictional Question in Fractured Opinion

In a 5-4 decision, the U.S. Supreme Court has upheld Pennsylvania’s “registration statute,” which requires corporations that register to do business in Pennsylvania to consent to the “general personal jurisdiction” of…more

Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment, General Jurisdiction

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What Medical Expenses Qualify as Tax Deductible Under Section 213 Of The Internal Revenue Code?

On March 17, 2023, the Internal Revenue Service (IRS) issued new frequently asked questions (FAQs) addressing whether certain costs related to nutrition, wellness, and general health are medical expenses under Sec. 213 of the…more

FSA, HRA, Internal Revenue Code (IRC), IRS, Medical Expenses

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Reminder: Illinois Equal Pay Registration Certificate Reporting Deadline is March 23, 2024

The Illinois Equal Pay Act requires all private businesses with at least 100 Illinois employees to obtain an Equal Pay Registration Certificate (EPRC) by March 23, 2024. To obtain a certificate, businesses must pay a $150…more

Equal Employment Opportunity Commission (EEOC), Equal Pay Act, Illinois, Registration, State Labor Departments

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Refreshing Whistleblower Processes for the Remote Workplace: Best Practices

At the onset of COVID in 2020, the Wall Street Journal reported that over a three-month period, there were a deluge of tips, complaints and possible referrals to the U.S. Securities and Exchange Commission (“SEC”). More…more

Employer Liability Issues, Policies and Procedures, Securities and Exchange Commission (SEC), Whistleblower Awards, Whistleblower Protection Policies

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New York City Releases Enforcement Guidance On Race Discrimination On Basis of Hair

Legal enforcement guidance on race discrimination on the basis of hair from the New York City Commission on Human Rights affirms that employer policies on appearance and grooming that ban, limit, or otherwise restrict natural…more

Employer Liability Issues, Employment Discrimination, NYCCHR, NYCHRL, Race Discrimination

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Colorado Supreme Court Strikes Down Employer’s Vacation Forfeiture Policies

In a highly anticipated decision, the Colorado Supreme Court has concluded that, under the Colorado Wage Claim Act (CWCA), Colorado employers must pay employees for all earned and accrued vacation time at separation, even if…more

CO Supreme Court, Compensation, Employee Benefits, Employer Liability Issues, Forfeiture

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Illinois Amends Nurse Agency Licensing Act to Bar Non-Competes, Add Reporting, Contract Obligations

Amendments to the Illinois Nurse Agency Licensing Act (HB 4666) aim to promote transparency and protections for healthcare workers, but, in practice, they make it more difficult for nurse staffing agencies to retain employees…more

Freedom To Work Act, Healthcare Workers, Illinois, Non-Compete Agreements, Nurses

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Tucson, Arizona Voters Pass Sweeping Wage & Hour Initiative, Including $15 Minimum Wage

By a 65% to 35% margin, on November 2, Tucson, Arizona, voters passed Proposition 206, officially known as the Tucson Minimum Wage Act, increasing the City’s minimum wage to $15.00 an hour by 2025. In addition, the Act includes…more

ABC Test, Arizona, Cost-of-Living Adjustment (COLA), Department of Labor (DOL), Employee Rights

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Connecticut Requires Implicit Bias Training For Police

Connecticut Governor Ned Lamont has signed a bill that requires the police to undergo “implicit bias training” effective immediately. The Connecticut General Assembly convened in a special session to consider a comprehensive…more

Bias, Black Lives Matter, Governor Lamont, Law Enforcement, Police

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How Can Implicit Bias Training in the Real Estate Industry Achieve Enhanced Effectiveness?

In recent years, the nation has made efforts to raise awareness of implicit bias in employment and across industry groups. The real estate industry has seen states, such as California and New York, requiring real estate…more

Bias, Continuing Education, Discrimination, Real Estate Professionals, Training

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Now Is Always a Good Time to Evaluate Your FMLA Processes

Based on our experience advising hundreds of employers and closely watching court rulings on cases around the country, we offer a few tips for complying with the Family and Medical Leave Act (FMLA)…more

Family and Medical Leave Act (FMLA), Human Resources Professionals, Notice Requirements, Policies and Procedures, Training

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Justice Department Issues Employer Fact Sheet on Discrimination and Form I-9 Software Programs

The Department of Justice (DOJ) has issued a new Employer Fact Sheet alerting employers about avoiding unlawful discrimination and other Form I-9 violations when using commercial or proprietary programs to electronically…more

Anti-Discrimination Policies, Department of Justice (DOJ), E-Signatures, E-Verify, Electronic Records

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Understanding How U.S. Export Controls Affect Manufacturers’ Hiring Practices

The U.S. government has adjusted export control regulations in an effort to protect U.S. national security interests. The revisions primarily affect export of electronic computing items and semiconductors to prevent foreign…more

Anti-Discrimination Policies, Civil Rights Act, Export Administration Regulations (EAR), Export Controls, Foreign Nationals

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Arizona Legislature Considers Emergency Measures On Unemployment Benefits; Governor Announces EO

In response to the coronavirus (COVID-19) pandemic, Arizona has enacted a new provision appropriating $55 million from its budget stabilization fund to the public health emergencies fund to pay the expenses of public health…more

Coronavirus/COVID-19, Emergency Management Plans, Infectious Diseases, Public Health, Unemployment Insurance

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Online Studies Policy to Resume for Foreign Students as COVID-19 Flexibility Ends

With the end of the COVID-19 National Emergency in the United States, the Student and Exchange Visitor Program (SEVP) has reinstated its preexisting policy regarding online classes…more

Coronavirus/COVID-19, F-1 Visa, Foreign Exchange Students, Foreign Students, M-1 Visa

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Illinois Day and Temporary Labor Services Act Equivalent-Benefits Provision Enjoined

A federal judge has granted a preliminary injunction prohibiting the Illinois Department of Labor (IDOL) from enforcing the equivalent-benefits provision of the Illinois Day and Temporary Labor Services Act (IDTLSA). Staffing…more

Amended Regulation, Compensation & Benefits, Employee Retirement Income Security Act (ERISA), Equal Pay, Governor Pritzker

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Nuanced Privacy Laws Means Healthcare Organizations Should Prioritize Protecting Personal Information

The healthcare industry is among the most highly regulated industries when it comes to privacy protections. In addition to the federal Health Insurance Portability and Accountability Act (HIPAA), healthcare providers also must…more

Audits, California Consumer Privacy Act (CCPA), Cybersecurity, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Changing Healthcare Wage Trends: How to Stay Competitive in a Dynamic Market

With 2023 underway, healthcare organizations continue to prioritize employee retention and recruitment in the face of economic trends impacting the healthcare industry, such as significant staff shortages, employee turnover, a…more

Employee Retention, Healthcare Facilities, Healthcare Workers, Labor Shortage, Minimum Wage

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How Modern Manufacturing Plants Can Protect Against Ransomware, Cyberattacks

To help protect against criminal ransomware and cyberattacks, modern manufacturing plants should ensure they have reasonable physical, administrative, and technical safeguards in place…more

Cyber Attacks, Cybersecurity, Data Protection, Data Storage, Manufacturers

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New York Enacts Law Limiting Employee Assignment of Inventions

On September 15, 2023, New York Governor Kathy Hochul signed into law a new section of the New York Labor Law limiting the assignment of inventions by employees to their employers. Specifically, Section 203-f of the Labor Law…more

Assignment of Inventions, Employment Contract, Intellectual Property Protection, Inventions, New Legislation

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Mandatory Bereavement Leave Again Being Considered by the California Legislature

In 2020, the California legislature considered a bill in which employers would be required to provide employees with bereavement leave, but the legislation didn’t make it to the Governor’s desk…more

Bereavement Leave, California, Employment Policies, State Labor Laws, Wage and Hour

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Philadelphia’s COVID-19 Sick Leave Law Expires

Philadelphia’s COVID-19 Supplemental Paid Sick Leave law expired on December 31, 2023. As a result, as of January 1, 2024, employers are no longer required to provide additional paid sick leave to employees when they are absent…more

Coronavirus/COVID-19, Healthy Workplaces Healthy Families Act 2014, Paid Sick Leave, Sick Leave

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OSHA’s New Walkaround Rule Raises Unionization, Constitutional Concerns for Employers

The U.S. Department of Labor has announced a final rule that will reshape the future dynamic of Occupational Safety and Health Administration (OSHA) inspections. The rule aims to clarify (but instead expands) the rights of…more

Department of Labor (DOL), Employee Representatives, Fourteenth Amendment, OSHA, Proposed Rules

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GC Memo Summarizes NLRB Decisions About Duty To Bargain in Emergency Situations

Peter B. Robb, the General Counsel (GC) of the National Labor Relations Board (NLRB) has issued a Memorandum setting forth summaries of NLRB decisions about unionized employers’ duty to bargain in emergency situations. The…more

Collective Bargaining, Coronavirus/COVID-19, NLRB, NLRB General Counsel

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Accommodations Developments Add Scheduling Challenges for Retailers

For retail establishments, developments involving religious accommodation and the new Pregnant Workers Fairness Act (PWFA) make scheduling employees more challenging. Religious Accommodation- The U.S. Supreme Court…more

Americans with Disabilities Act (ADA), Civil Rights Act, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy, Pregnant Workers Fairness Act

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OSHA’s New Walkaround Rule Raises Unionization, Constitutional Concerns for Employers

The U.S. Department of Labor has announced a final rule that will reshape the future dynamic of Occupational Safety and Health Administration (OSHA) inspections. The rule aims to clarify (but instead expands) the rights of…more

Department of Labor (DOL), Employee Representatives, Fourteenth Amendment, OSHA, Proposed Rules

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EEOC Issues Final Regulations to Implement the Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC) has issued final regulations and Interpretative Guidance to implement the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023. The PWFA requires…more

Equal Employment Opportunity Commission (EEOC), Final Rules, Pregnant Workers Fairness Act, Public Comment, Reasonable Accommodation

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A Reminder of Minimum Wage Increases Coming in the New Year

California’s drive toward a 15-dollar minimum wage for all employers continues. Effective January 1, 2022, the minimum wage for employers with 25 employees or less will increase to $14.00 per hour, and for employers with 26 or…more

California, Minimum Wage, State and Local Government, State Labor Laws, Wage and Hour

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Dismantling Gender Walls in the Construction Industry

According to the national construction industry trade association Associated Builders and Contractors, construction labor demands are high. The construction business pays well and offers great opportunities for progression. The…more

Bureau of Labor Statistics, Construction Industry, Construction Workers, Diversity, Gender Discrimination

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Chicago Adopts New Sexual Harassment Prevention Obligations for Employers

The Chicago City Council has created new employer obligations to provide training to employees and supervisors on sexual harassment prevention and how bystanders should respond to sexual harassment…more

Bystander, City of Chicago, Employee Training, Sexual Harassment, Wage and Hour

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How the U.S. Supreme Court’s Affirmative Action in Student Admissions Decision Affects Employers

The U.S. Supreme Court held that the use of race in university and college admissions is unconstitutional. Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, together with Students for…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Fourteenth Amendment

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Changes Coming to U.S. Citizenship Test

Green card holders who seek naturalization are required to pass a civics test and demonstrate English proficiency. The test used for this was developed in 2008, and the Biden Administration has announced it is updating the test…more

Citizenship, Green Cards, Immigration Procedures, Joe Biden, Naturalization

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Beat the Heat: Nevada’s Response to OSHA’S Heat Illness National Emphasis Program Focuses on Prevention and Inspections

Federal OSHA previously announced the creation of the Heat Illness National Emphasis Program (NEP) and signaled its intent to take a more proactive approach to prevent heat related illnesses. Now various states, including…more

Employer Liability Issues, Health and Safety, Heat Exposure, NEP, Nevada

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DOL Releases Final White-Collar Exemption Rule, Sets Minimum Salary to Increase in Phases Beginning July 1, 2024

The U.S. Department of Labor (DOL) has issued its Final Rule to increase the minimum salary requirements for the “white collar” exemptions (executive, administrative, and professional) from minimum wage and overtime pay…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Minimum Salary

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USCIS Removes Validity Period on Immigration Medical Exam Form I-693

Medical examinations and vaccination records properly completed and signed by a civil surgeon after Nov. 1, 2023, can be used indefinitely, USCIS has announced. There is no longer any expiration date. Form I-693, Report of…more

Centers for Disease Control and Prevention (CDC), Foreign Nationals, Green Cards, Immigration Procedures, Medical Examinations

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Pay Transparency Requirements Impacting the Retail Industry

As more state and local pay transparency laws are enacted throughout the country, retail industry employers face a new challenge in an ever-evolving industry. State Pay Transparency Laws Pay transparency laws are in effect in…more

Hiring & Firing, Job Ads, Pay Transparency, Retailers, Third-Party

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Local Ordinance, Massive Implications: Sonoma County Supplemental Paid Sick Leave

Changes in local regulations across California continue to shift the legal landscape for employers, bringing massive implications to their business. On August 18, 2020, Sonoma County passed a paid sick leave ordinance (the…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Healthcare Workers, Local Ordinance, Paid Sick Leave

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New DACA Rule Reflects Court’s Limitations

The new Deferred Action for Childhood Arrivals (DACA) final rule is in effect – to the extent permitted by court orders. DACA allows temporary protection from deportation for undocumented immigrants who came to the United…more

DACA, Employment Authorization Documents (EAD), Final Rules, Popular, USCIS

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Biden Administration To Review Title IX Policies And Regulations And Establish Gender Policy Council

The Department of Education has been directed to review all policies on sex and gender discrimination (including sexual violence) in schools under an executive order issued by the Biden administration on March 8, 2021. The…more

Attorney General, Biden Administration, Department of Education, Domestic Policy, Executive Orders

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Massachusetts to End COVID-19 Emergency Paid Sick Leave

The Massachusetts COVID-19 Emergency Paid Sick Leave Program will end on March 15, 2022, the state has announced. On February 28, 2022, the Executive Office for Administration and Finance sent official notice to employers…more

Coronavirus/COVID-19, Paid Leave, Reimbursements, Sick Leave, State Labor Laws

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3 Key Risks When Using AI for Performance Management & Ways to Mitigate Them

Artificial intelligence tools are fundamentally changing how people work. Tasks that used to be painstaking and time-consuming are now able to be completed in real-time with the assistance of AI…more

Artificial Intelligence, Bias, Employer Liability Issues, Federal Trade Commission (FTC), Machine Learning

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U.S. Senators Reintroduce Bipartisan NCAA Accountability Act

Tennessee Senator Marsha Blackburn (R) and New Jersey Senator Cory Booker (D) have reintroduced the “NCAA Accountability Act.” This follows multiple hearings held over the past few years on NCAA operations, including how the…more

Arbitration, Department of Justice (DOJ), Investigations, Name and Likeness, NCAA

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Returning To Work After Testing Positive For COVID-19

With the increase in COVID-19 cases in California and across the nation, employers are faced with a number of new challenges in the workplace, one of which is determining when employees may return to work after they have tested…more

CDPH, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, DFEH, Equal Employment Opportunity Commission (EEOC)

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How the U.S. Supreme Court’s Affirmative Action in Student Admissions Decision Affects Employers

The U.S. Supreme Court held that the use of race in university and college admissions is unconstitutional. Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, together with Students for…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Fourteenth Amendment

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California Adds Leave for Reproductive Loss

Senate Bill (SB) 848, scheduled to go into effect on January 1, 2024, requires employers with 5 or more employees to provide employees who have worked for at least 30 days with up to five days of reproductive loss leave…more

California, Paid Leave, Reproductive Healthcare Issues, State Labor Laws, Wage and Hour

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Retailers Must Ensure Compliance With Federal, State Child Labor Regulations

The end of the school year and the beginning of summer will bring a surge of school-age workers into the workplace as government scrutiny over employment of young workers is increasing. The Department of Labor (DOL) and…more

Child Labor, Department of Health and Human Services (HHS), Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minors

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Preliminary Injunction Against Florida’s Individual Freedom (or Stop W.O.K.E.) Act Upheld

A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit has upheld a preliminary injunction blocking enforcement of Florida’s Individual Freedom Act. Honeyfund.Com Inc, et al. v. Governor, State of…more

Abuse of Discretion, Anti-Discrimination Policies, Diversity and Inclusion Standards (D&I), Employee Training, Florida

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You Don’t Have To Go Home, But You Can’t Stay Here

It’s 2024, which means a new batch of provisions from SECURE Act 2.0 have gone into effect. One of the more significant ones is an increase in the “cashout” limit that a qualified plan can impose to kick former employees with…more

401k, Accrued Benefits, American Taxpayer Relief Act, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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EEOC Issues Final Regulations to Implement the Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC) has issued final regulations and Interpretative Guidance to implement the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023. The PWFA requires…more

Equal Employment Opportunity Commission (EEOC), Final Rules, Pregnant Workers Fairness Act, Public Comment, Reasonable Accommodation

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Reports Confirm Need for Employers to Foster Inclusive Work Environment for Black, LGBTQIA+ Youth

Both The Trevor Project and the Human Rights Campaign have released reports detailing the challenges faced by Black LGBTQ+ youth in the United States and the importance of acceptance and support to ensure these young people are…more

Discrimination, LGBTQ, Non-Discrimination Rules, Race Discrimination, Wage and Hour

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WARN Act Issues to Navigate for the Restaurant Industry

Restaurants’ plans for temporary or permanent closures or layoffs could trigger the notice requirements of the federal Worker Adjustment and Retraining Notification Act (WARN Act) or the many state mini-WARN Acts enacted across…more

Business Closures, Business Interruption, Employer Liability Issues, Layoffs, Restaurant Industry

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Illinois BIPA’s Healthcare Exemption Not Limited to Patient Information, Illinois Supreme Court Rules

Healthcare workers’ alleged biometric information “collected, used, and stored to access medications and medical supplies for patient health care treatment” is excluded from coverage under section 10 of Illinois’ Biometric…more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Fingerprints

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Updated New York WARN Act Regulations Address Post-Pandemic Environment, Add Employer Obligations

The New York State Department of Labor (NYSDOL) has released amended New York State Worker Adjustment and Retraining Act (NYS WARN) Regulations that, in large part, respond to the unique issues presented during the COVID-19…more

Coronavirus/COVID-19, Layoff Notices, Layoffs, New York, Notice Requirements

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OFCCP Releases New Artificial Intelligence Guidance

OFCCP announced Tuesday morning the release of a new Artificial Intelligence (“AI”) landing page. The landing page, which encourages readers to “check back often for updates” contains links to the Agency’s thoughts about the use…more

Artificial Intelligence, Equal Employment Opportunity Commission (EEOC), Federal Contractors, Joint Statements, OFCCP

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How the U.S. Supreme Court’s Affirmative Action in Student Admissions Decision Affects Employers

The U.S. Supreme Court held that the use of race in university and college admissions is unconstitutional. Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, together with Students for…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Fourteenth Amendment

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 The ADA and Visual Disabilities in the Workplace

The Equal Employment Opportunity Commission (EEOC) issued new technical assistance document (“TAD”), “Visual Disabilities in the Workplace and the Americans with Disabilities Act,” addressing how the Americans with Disabilities…more

Americans with Disabilities Act (ADA), Disability, Equal Employment Opportunity Commission (EEOC), Hiring & Firing, Reasonable Accommodation

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EEOC Issues Final Regulations to Implement the Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC) has issued final regulations and Interpretative Guidance to implement the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023. The PWFA requires…more

Equal Employment Opportunity Commission (EEOC), Final Rules, Pregnant Workers Fairness Act, Public Comment, Reasonable Accommodation

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Georgia Enacts Emergency COVID-19 Rule Requiring Employers To File Claims For Partial Unemployment

The Georgia Department of Labor has passed an emergency rule requiring employers to file claims for partial unemployment benefits online on behalf of employees who have been temporarily laid off or have had their hours reduced…more

Coronavirus/COVID-19, Furloughs, Layoffs, Unemployment Benefits

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DOL, Recordkeeper Square Off in Confidentiality Disputes

The DOL’s cybersecurity investigation into Alight Solutions, LLC, a retirement plan recordkeeper, has queued up court rulings on the reach of the DOL’s subpoena power that may have important implications for ERISA plan sponsors…more

Confidential Information, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Recordkeeping Requirements

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COVID-19 Reopening Guidance For The Fitness Industry

As COVID-19 vaccines become more available, companies in the fitness industry, including gyms, health clubs, and fitness boutiques, continue to navigate their reopening plans. This article addresses questions companies in the…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Documentation, Emergency Use Authorization (EUA), Equal Employment Opportunity Commission (EEOC)

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U.S. Supreme Court Vacates, Dismisses as Moot Decision Holding ADA ‘Tester’ Has Standing to Sue

The U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the First Circuit holding a self-appointed “tester” has standing to sue under the Americans With Disabilities Act (ADA). Acheson Hotels, LLC v. Laufer,…more

Americans with Disabilities Act (ADA), Attorney's Fees, Boilerplate Language, Hotels, Mootness

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Seattle Enacts First-of-Its-Kind Law Protecting Individuals Against Discrimination Based on Caste

The Seattle City Council passed a first-of-its-kind ordinance prohibiting discrimination based on caste in employment, housing, and public accommodation. Seattle’s mayor approved the ordinance on February 23, 2023, and the…more

Anti-Discrimination Policies, DFEH, Equal Employment Opportunity Commission (EEOC), Heritage & Culture, Hiring & Firing

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Strategies for Investigating Misconduct Against Superstars, C-Suite Employees in Retail Industry

In the retail industry, when superstars, C-suite employees, and other high-achieving individuals are accused of misconduct, the company has a significant management challenge to address the situation in an unemotional,…more

Attorney-Client Privilege, C-Suite Executives, Confidential Information, Disclosure Requirements, Documentation

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The Status of Independent Contractors in California in 2023

Since the passage of California Assembly Bill (AB) 5 in 2019, there have been subsequent legal challenges and revised legislation that continues to shape the status of independent contractors and related employment law issues in…more

CA Supreme Court, California, Independent Contractors, State Labor Laws, Wage and Hour

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Progress of TSA’s Gender-Neutral Screening

In March 2022, the Transportation Security Administration (TSA) announced it would be implementing measures to conduct gender-neutral screening by enhancing screening technology, reducing the number of pat-downs needed,…more

Department of Homeland Security (DHS), Gender Neutral, Screening Procedures, Transportation Industry, Travelers

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USCIS: Exceptionally High Number of Employment-Based Visas Available

U.S. Citizenship and Immigration Services (USCIS) has announced that it is strongly encouraging applicants for adjustment of status (Form I-485) in the employment-based third preference category, if they are eligible to do so,…more

Foreign Nationals, Foreign Workers, Immigrants, Immigration Procedures, USCIS

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Revisions to Student Work Permits

On September 30, 2023, Governor Newsom signed Assembly Bill (AB) 800, which will provide revisions to the requirements for the issuance of student work permits along with additional requirements for schools in conjunction with…more

California, Child Labor, Governor Newsom, State Labor Laws, Work Permits

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Arizona Expands Employment Discrimination Laws To Prohibit Pregnancy Discrimination

Arizona Governor Doug Ducey signed into law a bill that prohibits employers from discriminating against workers based on pregnancy or childbirth. Amending the Arizona Civil Rights Act, the bill (House Bill 2045) defines…more

Arizona, Civil Rights Act, Employment Discrimination, Pregnancy Discrimination

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Fourth Circuit Affirms Aon’s Trial Victory in Investment Suit

The Fourth Circuit affirmed Aon Hewitt Investment Consulting’s trial victory in a 250,000-member class action suit alleging that Aon breached ERISA’s fiduciary duties. Aon was initially the Lowe’s 401(k) plan’s investment…more

401k, Breach of Duty, Duty of Loyalty, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Massachusetts Updates Paid Family and Medical Leave Poster, Notice, Contribution and Benefit Amounts

The Massachusetts Department of Family and Medical Leave has released an updated version of its workplace poster for 2024 reflecting the Paid Family and Medical Leave Act (PFMLA) contribution and benefit increases that went into…more

Employee Benefits, Employer Contributions, Paid Family Leave Law, Paid Leave, Posting Requirements

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New Bi-Partisan Draft Legislation on Name, Image and Likeness: The College Athletes Protection & Compensation Act

An uncommon combination of three U.S. Senators, Sens. Richard Blumenthal (D-Conn), Jerry Moran (R-Kan.) and Cory Booker (D-NJ), collaborated to draft “The College Athletes Protection & Compensation Act” (the Act), which is the…more

College Athletes, Colleges, Compensation, Disability Insurance, Endorsements

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Connecticut Requires Implicit Bias Training For Police

Connecticut Governor Ned Lamont has signed a bill that requires the police to undergo “implicit bias training” effective immediately. The Connecticut General Assembly convened in a special session to consider a comprehensive…more

Bias, Black Lives Matter, Governor Lamont, Law Enforcement, Police

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Chipping Away at Two-Step Conditional Certification in FLSA Collective Actions

A federal district court located within the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit has adopted the heightened standard for certification of a collective action under the Fair Labor Standards Act (FLSA)…more

Age Discrimination, Class Action, Collective Actions, Conditional Certification, Employment Discrimination

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City of Los Angeles Issues Rules & Regulations for Retail Fair Workweek Ordinance

On April 1, 2023, the City of Los Angeles’ Retail Fair Workweek Ordinance took effect, but the City had only issued a Frequently Asked Questions page as guidance. More recently, the City published rules and regulations as…more

City of Los Angeles, Fair Workweek, Local Ordinance, Posting Requirements, Retailers

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[Event] 2022 Government Contractor Employment Law Symposium - November 17th, Tysons, VA

Join a multi-disciplinary team of Jackson Lewis attorneys, along with guest speakers from the government contracting firm Smith Pachter, for a full-day of presentations, interactive discussions and practical solutions addressing…more

Americans with Disabilities Act (ADA), Best Practices, Bid Proposals, Biden Administration, Continuing Legal Education

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Private Sector Union Membership Rate Declines in 2022

The union membership rate among private sector workers fell to 6.0% in 2022, according to a U.S. Bureau of Labor Statistics (BLS) news release. This is down from 6.1% in 2021 and continues the overall decline since private…more

Bureau of Labor Statistics, NLRB, Union Organizers, Unions

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Understanding Maryland’s New Wage Posting Law: A Guide for Employers

Effective October 1, 2024, Maryland will join a growing list of states in promoting wage transparency in the workplace. The Maryland Wage Transparency Law (SB 525/HB 649) requires employers, both public and private, to publish…more

Job Ads, Job Applicants, Maryland, New Regulations, Pay Transparency

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Universal Health Loses Appeal to Undo 60,000-Person Class in Excessive Fee Case

The Third Circuit Court of Appeals recently held that as the plan fiduciary of Universal’s defined contribution plan, Universal Health Services Inc. and its plan investment committee (collectively “Universal”) must face a class…more

Class Action, Employee Benefits, Employee Retirement Income Security Act (ERISA), Excessive Fees, Federal Rules of Civil Procedure

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USCIS Launches Self-Service Biometrics Appointment Rescheduling Tool

Calling the USCIS Contact Center to reschedule most biometrics appointments is no longer necessary. As part of its effort to streamline services, USCIS launched a new self-service biometrics appointment rescheduling tool. The…more

Biometric Information, Foreign Nationals, Immigrants, Immigration Procedures, USCIS

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What Manufacturers Sponsoring Pension Plans Should Know About Class Actions Challenging Plan Assumptions

An enduring wave of novel class actions challenging the actuarial assumptions used to calculate certain pension benefits has prompted many sponsors of defined benefit pension plans to evaluate their plan’s terms for calculation…more

Class Action, Employee Benefits, Employee Retirement Income Security Act (ERISA), Manufacturers, Pensions

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Balancing Public Employees’ Religious Rights With The Establishment Clause

When it comes to striking a balance between the religious rights of government employees and the government’s duty to avoid Establishment Clause violations, “context matters.” In Kennedy v. Bremerton School District, 991…more

Compelling Governmental Interest, Establishment Clause, Free Speech, Prayer, Public Employees

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Employer Obligations To Notify Employees Of Wage Reductions

As wage reductions become a common solution to the uncertain environment resulting from the COVID-19 pandemic, U.S. employers have had to make some difficult decisions. Many have laid off or furloughed employees, while others…more

Coronavirus/COVID-19, Department of Labor (DOL), Relief Measures, Trump Administration, Wage and Hour

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Strategies for Investigating Misconduct Against Superstars, C-Suite Employees in Retail Industry

In the retail industry, when superstars, C-suite employees, and other high-achieving individuals are accused of misconduct, the company has a significant management challenge to address the situation in an unemotional,…more

Attorney-Client Privilege, C-Suite Executives, Confidential Information, Disclosure Requirements, Documentation

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“Knock on our door before we knock on yours:” Recent DOJ Trends

On March 7, 2024, Deputy Attorney General Lisa Monaco (“DAG Monaco”) gave the keynote address at the American Bar Association’s 39th National Institute on White Collar Crime. She addressed the success she views in the Department…more

Clawbacks, Corruption, Deferred Prosecution Agreements, Department of Justice (DOJ), FinCEN

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Are You Ready for District of Columbia’s Transportation Benefits Equity Law (Parking Cash Out Law)?

Beginning as early as January 15, 2023, certain employers will need to ensure they are complying with the District of Columbia’s Transportation Benefits Equity Amendment Act of 2020, also known as the “Parking Cash Out Law.”…more

Commuting, Department of Transportation (DOT), Employee Benefits, Green Transportation, Transportation Industry

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California Garment Industry Requirements for Manufacturers

The garment manufacturing industry is heavily regulated by California. Two items garment manufacturers should be aware of are the registration requirements and the Garment Worker Protection Act…more

California, Labor Commissioners, Manufacturers, Registration, State Labor Laws

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New California Law Creates Narrow Rest Break Exemption At Petroleum Facilities

On September 20, 2018, California Governor Jerry Brown signed into law Assembly Bill 2605. This new law provides that unionized employees at petroleum facilities who hold safety-sensitive positions are exempt from the…more

Collective Bargaining Agreements (CBA), Exempt-Employees, Governor Brown, New Legislation, Petroleum

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Paid Leave Oregon Benefits Available Starting September 3, 2023

More than four years since the passage of Oregon’s Paid Family Medical Leave Act into law, paid leave benefits will finally be available to Oregon employees starting September 3, 2023. Applications for benefits, toolkits and…more

Accrued Benefits, Employee Benefits, Employee Contributions, Employer Contributions, Family and Medical Leave Act (FMLA)

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New Law Regulates Remote Work, Promotes Establishment of Airline Home Bases in Puerto Rico

The “Law to Facilitate the Implementation of Remote Work in the Private Sector and to Incentivize the Establishment of Airline Home Bases in Puerto Rico” regulates the employment relation of employees who work remotely from…more

Airlines, Collective Bargaining Agreements (CBA), Employment Contract, Income Taxes, Internal Revenue Code (IRC)

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Reminder to Treat Your Valentine and Provide Notice to Employees of Non-Competes by February 14, 2024

In October 2023, California’s Governor signed Assembly Bill (AB) 1076 which added the new Business & Professions Code §16600.1, making it unlawful to impose non-compete clauses on employees – which contractual restrictions…more

California, Employment Contract, Non-Compete Agreements, Notice Requirements, State Labor Laws

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Reminder: Illinois Equal Pay Registration Certificate Reporting Deadline is March 23, 2024

The Illinois Equal Pay Act requires all private businesses with at least 100 Illinois employees to obtain an Equal Pay Registration Certificate (EPRC) by March 23, 2024. To obtain a certificate, businesses must pay a $150…more

Equal Employment Opportunity Commission (EEOC), Equal Pay Act, Illinois, Registration, State Labor Departments

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Municipal Violation Is Not ‘Arrest Record’ Covered by Wisconsin Fair Employment Act, Court Holds

The Wisconsin Fair Employment Act’s (WFEA’s) prohibition against discrimination based on employees’ arrest and conviction record has always been considered broad, and its standard of allowing employers to make employment…more

Appellate Courts, Criminal Convictions, Employment Discrimination, Fair Employment Practices Act, Termination

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Construction Industry Workplace Law Update – Summer 2022

How Law Limiting Arbitration Agreements for Sexual Assault, Harassment Claims Affects Construction- In an industry often targeted by anti-discrimination agencies, construction industry employers need to be aware of a new law…more

Anti-Discrimination Policies, Construction Industry, Davis-Bacon Act, Dispute Resolution, Heat Exposure

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New Jersey’s Expanded Mini-WARN Law to Take Effect April 2023

After a two-year delay, the amendment to the New Jersey Millville-Dallas Airmotive Plant Job Loss Notification Act, the state’s mini-WARN law, will take effect on April 10, 2023. The Act, as amended, expands the coverage of the…more

Back Pay, Compensation, Governor Murphy, Layoffs, New Amendments

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The American Privacy Rights Act?

In what is being called the American Privacy Rights Act (Act), some are suggesting this could be the one! For many years, Congress has been unable to come together to craft a national privacy law. There have been several snags,…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Privacy, Data Protection, Proposed Legislation

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DOL Withdraws Opinion Letters Regarding Sleeper Berth Time, Independent Contractor Status

Continuing its early pattern of reversing positions adopted during the former administration, on February 19, 2021 the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) withdrew two more Opinion Letters. The…more

Department of Labor (DOL), Duty Free, Fair Labor Standards Act (FLSA), Independent Contractors, Opinion Letter

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Oregon Family, Paid Leave Changes Effective July 1, 2024

New Oregon law will change the administration of employee leaves for baby bonding and for a serious health condition. Since 2005, Oregon’s Family Leave Act (OFLA) has provided employees protected absences from work for various…more

Employee Benefits, Oregon, Paid Family Leave Law, Paid Leave, State Labor Laws

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Cook County, Illinois, Replaces Earned Sick Leave Ordinance With Paid Leave Ordinance

For Illinois employers, the new year brings a variety of new paid leave laws, the most recent being the Cook County Paid Leave Ordinance passed by the Cook County Board of Commissioners on Dec. 14, 2023. The Cook County Paid…more

Accrued Benefits, Illinois, Local Ordinance, Notice Requirements, Paid Leave

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Washington Wage and Hour Developments for Q1 2022

In Washington, the first quarter of 2022, which included the regular legislative session, has included various updates and adjustments to Washington’s wage and hour and related reporting laws…more

Confidential Information, Liens, Lost Wages, Minimum Wage, Non-Compete Agreements

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New Washington, D.C. Pay Transparency Law Scheduled to Go Into Effect on June 30, 2024

Washington, D.C. joins a growing group of states requiring employers to include projected salary ranges in job postings and to restrict the use of pay history in setting pay. On Jan. 12, 2024, the mayor of D.C. signed the Wage…more

Job Ads, Job Applicants, Pay Equity Laws, Pay Transparency, State Labor Laws

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Discrimination Based on Sexual Orientation Unlawful, Michigan High Court Holds, Overruling Precedent

Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), MCL 37.2101 et seq., prohibition of sex-based discrimination also prohibits discrimination based on sexual orientation, the Michigan Supreme Court has held…more

Discrimination, Employer Liability Issues, Employment Discrimination, Gender Identity, Hiring & Firing

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How Manufacturers Can Stay Ahead of the Changing Landscape of PFAS Regulations

Perfluoroalkyl and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals,” are a varied group of thousands of manufactured chemicals and have been used in industry and consumer products since the 1940s. In…more

Environmental Policies, Environmental Protection Agency (EPA), Hazardous Waste, Impact Assessments, Internal Audit Functions

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New Jersey Temporary Workers’ Bill of Rights and Manufacturing Employers Using Temporary Laborers

New Jersey’s Temporary Workers’ Bill of Rights law went into effect on Aug. 5, 2023, and vastly changed the landscape for manufacturing employers who use temporary laborers. The law provides temporary laborers significant…more

Compensation & Benefits, Manufacturers, New Jersey, State Labor Departments, State Labor Laws

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Update on Face Coverings in California

In June, California relaxed many of its COVID-19 restrictions, including allowing fully vaccinated individuals to go without a face covering indoors, with limited exception. Also in June, Cal/OSHA passed an amended Emergency…more

Cal-OSHA, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Masks, Public Health

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North Carolina Adds Protection Against Discrimination and Retaliation for Employment Absences for Members of the Civil Air Patrol

The North Carolina legislature added nondiscrimination and nonretaliation protections for employees who serve in the North Carolina Wing – Civil Air Patrol. Effective December 1, 2023, it is unlawful for any employer to…more

Anti-Retaliation Provisions, Duties, Employment Discrimination, North Carolina, Wage and Hour

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Accommodations Developments Add Scheduling Challenges for Retailers

For retail establishments, developments involving religious accommodation and the new Pregnant Workers Fairness Act (PWFA) make scheduling employees more challenging. Religious Accommodation- The U.S. Supreme Court…more

Americans with Disabilities Act (ADA), Civil Rights Act, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy, Pregnant Workers Fairness Act

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Enforceability of Physician Non-Compete Agreements

Non-compete covenants in physician employment and shareholder agreements are common practice. Whether they are legally enforceable as drafted varies from state to state. Some states have broad interpretations of reasonableness —…more

Employment Contract, Health Care Providers, Hiring & Firing, Hospitals, Non-Compete Agreements

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COVID-19 Leave Arrives In Pittsburgh, Pennsylvania

On December 9, 2020, Pittsburgh Mayor Peduto signed a new ordinance granting COVID-19 Sick Time to certain employees working within the City. Interaction with Pittsburgh Paid Sick Days Act- This ordinance supplements the…more

Coronavirus/COVID-19, Health Care Providers, Paid Leave, Pennsylvania, Public Health Emergency

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PLESA, Can I Have Some More?

The SECURE 2.0 Act of 2022 had many retirement plan provisions, including the pension-linked emergency savings account (PLESA) that lets workers contribute money to an account in a defined contribution plan that can be used to…more

Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), IRS, Retirement Plan, SECURE Act

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Connecticut Appellate Court Finds No Private Right of Action for State Tip Recordkeeping Errors

There is no private right of action for violations of a recordkeeping regulation for restaurant industry employers that take the tip credit against the minimum wage for tipped employees, the Connecticut Appellate Court has held…more

Appellate Courts, Connecticut, Private Right of Action, Recordkeeping Requirements, Restaurant Industry

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Can Cross-Generational Viral Internet Phrases In The Workplace Create Unlawful Age Discrimination?

“OK Boomer” is having a moment on the internet, appearing often in viral jokes and memes. It is widely considered an all-purpose retort by the younger generations of Millennials and Gen Z’ers to dismiss thoughts and ideas they…more

Age Discrimination, Baby Boomers, Harassment, Millennials

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Vaccine Verification And Testing Requirements For Workers In Schools Across California

A week after issuing the first in the nation order mandating all healthcare workers to be vaccinated against COVID-19, on August 11, 2021, the state of California issued an order mandating either vaccination or regular testing…more

California, CDPH, Coronavirus/COVID-19, Educational Institutions, State and Local Government

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New California Law Hikes Worker Pay in Fast Casual Restaurants

Effective April 1, 2024, a new California law will require employers in the state’s fast casual restaurant industry to pay covered non-exempt employees a minimum wage of $20 an hour. This article summarizes the steps employers…more

Anti-Discrimination Policies, California, Covered Employer, Fast-Food Industry, Minimum Wage

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SECURE 2.0 Series Part 4: Good News for Sponsors of Pension Plans

The SECURE 2.0 Act of 2022 (SECURE 2.0) provides welcome relief to private sector single employer sponsors of defined benefit pension plans (Pension Plan(s)). Effective for plan years beginning on and after January 1, 2024,…more

Benefit Plan Sponsors, Consolidated Appropriations Act (CAA), Defined Benefit Plans, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Senators Lean on DHS to Provide NIL Guidance for International Student-Athletes

As restrictions lessen on collegiate athletes’ ability to be compensated for their name, image, and likeness (NIL), international student-athletes in F-1 status continue to be at risk if they pursue these economic opportunities…more

College Athletes, Department of Homeland Security (DHS), F-1 Visa, Foreign Students, Name and Likeness

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“Knock on our door before we knock on yours:” Recent DOJ Trends

On March 7, 2024, Deputy Attorney General Lisa Monaco (“DAG Monaco”) gave the keynote address at the American Bar Association’s 39th National Institute on White Collar Crime. She addressed the success she views in the Department…more

Clawbacks, Corruption, Deferred Prosecution Agreements, Department of Justice (DOJ), FinCEN

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OSHA Proposes Expanding Electronic Recordkeeping Rule to Add Smaller Employers

The Occupational Safety and Health Administration (OSHA) has published a proposed rule to restore and expand Obama-era requirements for high-hazard employers with at least 100 employees to submit their injury and illness forms…more

Electronic Records, Electronic Reporting, NAICS, OSHA, Recordkeeping Requirements

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U.S. Supreme Court Denies Petition Seeking To Scrap McDonnell Douglas Burden-Shifting Analysis

Arguing the decades-old analysis is no longer helpful to anyone, Reginald Sprowl petitioned the U.S. Supreme Court to scrap application of the McDonnell Douglas burden-shifting analysis in Title VII race discrimination and…more

Burden of Proof, Denial of Certiorari, Race Discrimination, Retaliation, SCOTUS

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Post It Up – California’s Employer Posting Requirements

There are several posting requirements in California for employers and it is important to ensure the appropriate posters are displayed in an area frequented by employees where they may be easily read during the workday…more

California, Posting Requirements, State Labor Laws, Wage and Hour

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Puerto Rico Issues FAQs On Unemployment Benefits During COVID-19 Crisis

The Puerto Rico Department of Labor and Human Resources (PR DOL) has issued FAQs regarding unemployment benefits during the COVID-19 pandemic. The FAQs were issued only in Spanish. Eligibility- Employees who may be eligible…more

Coronavirus/COVID-19, Layoff Notices, Layoffs, Unemployment, Unemployment Benefits

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Exploring Trends in Construction: AI Technology, Accessibility, Mental Health, Diversity

The largest construction show in New York, the 2024 New York Build Expo, attracted architects, designers, contractors, and construction professionals from across the tri-state area. The event explored trends in the industry,…more

Accessibility Rules, Americans with Disabilities Act (ADA), Artificial Intelligence, Construction Industry, Diversity

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Beyond Mere Legal Compliance

As claims stemming from widespread workforce reductions or failure to comply with the myriad of COVID-19-related leave laws begin to gain full steam, it is clear that an employer’s treatment of its employees — beyond termination…more

Americans with Disabilities Act (ADA), Compliance, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Furloughs

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U.S. Supreme Court Vacates, Dismisses as Moot Decision Holding ADA ‘Tester’ Has Standing to Sue

The U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the First Circuit holding a self-appointed “tester” has standing to sue under the Americans With Disabilities Act (ADA). Acheson Hotels, LLC v. Laufer,…more

Americans with Disabilities Act (ADA), Attorney's Fees, Boilerplate Language, Hotels, Mootness

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Illinois Day and Temporary Labor Services Act Equivalent-Benefits Provision Enjoined

A federal judge has granted a preliminary injunction prohibiting the Illinois Department of Labor (IDOL) from enforcing the equivalent-benefits provision of the Illinois Day and Temporary Labor Services Act (IDTLSA). Staffing…more

Amended Regulation, Compensation & Benefits, Employee Retirement Income Security Act (ERISA), Equal Pay, Governor Pritzker

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Get Ready For Maryland’s New Employment Laws Going Into Effect October 1

New Maryland laws governing the workplace will take effect on October 1, 2019. These laws: •Amend the state’s Fair Employment Practices Act (FEPA) with respect to harassment claims and with respect to the definition of…more

Anti-Discrimination Policies, Board of Directors, Diversity, Employment Discrimination, Equal Pay

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President Biden Issues Executive Order Regarding the Development and Use of AI

On October 30, 2023, President Biden issued an Executive Order regarding the Development and Use of Artificial Intelligence across the federal government. The Executive Order (EO) is intended to establish new standards for AI…more

Artificial Intelligence, Bias, Department of Energy (DOE), Department of Homeland Security (DHS), Discrimination

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Virtual Inspection of Form I-9 Original Documentation Permanent Option for Qualified Retailers

Proper completion of the Employment Eligibility Verification Form I-9 is one of the most important responsibilities of employers, including retailers, at the beginning of the hiring process. Saying it learned from the COVID-19…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Form I-9

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Accommodations Developments Add Scheduling Challenges for Retailers

For retail establishments, developments involving religious accommodation and the new Pregnant Workers Fairness Act (PWFA) make scheduling employees more challenging. Religious Accommodation- The U.S. Supreme Court…more

Americans with Disabilities Act (ADA), Civil Rights Act, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy, Pregnant Workers Fairness Act

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Illinois Amends Gender Violence Act, Extends Application to Employers in Certain Circumstances

An amendment to the Illinois Gender Violence Act (740 ILCS 82 et seq.), codified as Public Act No. 103-0282, was signed by Governor J.B. Pritzker on July 28, 2023, and goes into effect January 1, 2024. The amendment clarifies…more

Amended Legislation, Employer Liability Issues, Gender-Based Violence, Human Rights, Illinois

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Federal Trade Commission’s Sweeping Final Rule to Ban Non-Competes: What You Need to Know

On April 23, 2024, the Federal Trade Commission (FTC) issued its final rule prohibiting all non-compete agreements for all employees at all levels, with only extremely limited exceptions. The FTC’s much-anticipated action…more

CEOs, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Fifth Circuit Grants, In Part, Motion to Stay Nationwide Preliminary Injunction on Centers for Medicare & Medicaid COVID-19 Vaccine Rule

On December 15, 2021, the Fifth Circuit Court of Appeals granted, in part, the federal administration’s motion to stay the nationwide preliminary injunction enjoining the Centers for Medicare and Medicaid (“CMS”) from enforcing…more

Appellate Courts, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Healthcare Workers, Preliminary Injunctions

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What OSHA’s Proposed Changes To Hazard Communication Standard Mean For Construction Employers

The Occupational Safety and Health Administration’s (OSHA) proposed amendments to the Hazard Communication Standard (HCS), in 29 CFR 1910.1200, to conform to the United Nations’ Globally Harmonized System of Classification and…more

Cal-OSHA, Chemicals, Construction Industry, Employee Training, Hazardous Communication Standard

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You Can Be Personally Liable For Withdrawal Liability Despite A Company’s Limited Liability Status

Unionized employers participating in an underfunded multiemployer pension plan face significant financial exposure when withdrawing (completely or partially) from the plan. The cost (called “withdrawal liability”) is generally…more

Alter Ego, Controlled Groups, Corporate Veil, Limited Liability Company (LLC), Multi-Employer Pensions

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California Supreme Court Cases Employers Should Watch in 2024

The California Supreme Court issued several important decisions in 2023 about issues such as COVID-19 take-home exposure and arbitrating Private Attorney General Act (PAGA) claims. Employers should continue to be aware of…more

Anti-Harassment Policies, Arbitration, CA Supreme Court, Collective Bargaining Agreements (CBA), Coronavirus/COVID-19

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Highlights From The OFCCP And NILG Compensation Roundtable

On Tuesday, February 18, 2020 the National Industry Liaison Group (“NILG”) and the Office of Federal Contract Compliance Programs (“OFCCP”) held a Compensation Roundtable at the US. Department of Labor in Washington D.C. …more

Compensation & Benefits, Federal Contractors, OFCCP, Wage and Hour

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Federal Trade Commission’s Sweeping Final Rule to Ban Non-Competes: What You Need to Know

On April 23, 2024, the Federal Trade Commission (FTC) issued its final rule prohibiting all non-compete agreements for all employees at all levels, with only extremely limited exceptions. The FTC’s much-anticipated action…more

CEOs, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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President Biden Issues Executive Order Regarding the Development and Use of AI

On October 30, 2023, President Biden issued an Executive Order regarding the Development and Use of Artificial Intelligence across the federal government. The Executive Order (EO) is intended to establish new standards for AI…more

Artificial Intelligence, Bias, Department of Energy (DOE), Department of Homeland Security (DHS), Discrimination

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[Webinar] How to Respond [Effectively] to Union Organizing in the Chemical Industry- June 26th, 2:00pm ET

As the Trump Labor Board shifts the focus to more employer-friendly initiatives and priorities, organized labor seeks to reinvigorate its efforts to protect its market share. With an uptick in union petition filings and a…more

Anti-Union Actions, Chemicals, Continuing Education, Continuing Legal Education, NLRB

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Georgia Court of Appeals Invalidates Employee Non-Solicitation Provisions Without Geographic Limits

Amid the recent backlash to restrictive covenants across the country, a Georgia Court of Appeals has held that employee non-solicitation provisions must include a geographic limit to be enforceable. North American Senior…more

Appellate Courts, Employment Contract, Georgia, Non-Solicitation Agreements, Restrictive Covenants

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The Future Of Workplace Law Under President-Elect Joe Biden

As President-elect Joe Biden selects members of his Cabinet and prepares for his transition into the presidency, he and a Democratic majority in the House of Representatives may pursue a number of significant pieces of federal…more

Affordable Care Act, Arbitration, Coronavirus/COVID-19, Department of Labor (DOL), Equal Employment Opportunity Commission (EEOC)

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Labor Department Publishes Restaurant, Retail Guidance on Compliance With PUMP Act

The Department of Labor (DOL) Wage and Hour Division (WHD) is in the process of publishing industry-specific guidance for compliance with the 2022 Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). The DOL…more

Anti-Retaliation Provisions, Department of Labor (DOL), Equal Employment Opportunity Commission (EEOC), Fair Labor Standards Act (FLSA), Lactation Accommodation

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Hawaii Enacts Pay Transparency Law

Governor Josh Green has signed the newest pay transparency bill into law for the state of Hawaii. SB 1057, which goes into effect on January 1, 2024, will require Hawaii employers with at least 50 employees to disclose an hourly…more

Hawaii, New Legislation, Pay Transparency, PERM, State Labor Laws

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Iowa Supreme Court: City’s “Ban The Box” Ordinance Is Preempted By State Law, But Not Entirely

The Iowa Supreme Court has ruled that Iowa state law preempts the City of Waterloo’s restriction on employers’ use of applicants’ criminal record history when making hiring decisions. Other aspects of the ordinance, however,…more

Ban the Box, Criminal Records, Hiring & Firing, IA Supreme Court, Job Applicants

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U.S. Supreme Court Hears Oral Argument on Where Businesses Can Be Sued

The constitutionality of Pennsylvania’s “registration statute,” which requires corporations that register to do business in Pennsylvania consent to the “general personal jurisdiction” of Pennsylvania, was the subject of oral…more

Corporate Counsel, Multistate Employers, Oral Argument, PA Supreme Court, Pennsylvania

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Wisconsin’s Safer At Home Order Prohibits Non-Essential Business, Travel

In response to the Coronavirus (COVID-19) pandemic, and a significant increase in confirmed COVID-19 cases in Wisconsin, Governor Tony Evers has issued Emergency Order # 12 to limit Wisconsinites’ activities. This is in addition…more

Business Closures, Coronavirus/COVID-19, Governor Evers, Operators of Essential Services, Shelter-In-Place

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Elections, Political Protests, And The Workplace

As campaign season heats up and political protests continue on top of an already stressed workforce, most employers seek to maintain a harmonious work environment. While perhaps tempting to regulate employee behavior to keep…more

Employment Policies, General Elections, Labor Code, Protests, Social Media

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Utah Expands Employee Religious Protections

The Utah Antidiscrimination Act has been amended to expand religious accommodation requirements for employers under Utah law. The Utah Legislature passed House Bill 396 (H.B. 396), and Governor Spencer Cox signed the bill on…more

Anti-Discrimination Policies, Civil Rights Act, Employer Liability Issues, Groff v DeJoy, Religious Accommodation

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Boost in OSHA Inspections Expected for ‘High Risk’ Retailers

Warehouse, processing, and distribution facilities serve a crucial role in many retailers’ supply chains (especially those relying primarily on e-commerce), as such facilities provide space for inventory storage and assist with…more

NEP, OSHA, Retailers, Safety Inspections, Supply Chain

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Full Enforcement of REAL ID Law Moved to 2025, ETIAS Moved to 2024

New travel authorization systems are being postponed again in the United States and in Europe: REAL ID until May 7, 2025, and ETIAS (European Travel Information and Authorisation System) until 2024…more

Coronavirus/COVID-19, Department of Homeland Security (DHS), Immigration Procedures, Passports, REAL IDs

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USCIS: Substantial Increase in H-1B Registrations for FY 2024 May Indicate Potential Fraud

USCIS has announced that the total number of eligible registrations submitted for FY 2024 was 758,994 (up from 474,421 eligible registrations submitted for FY 2023). Of the 758,994 eligible registrations submitted, USCIS said it…more

Foreign Workers, Fraud, H-1B, Lottery, USCIS

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California’s Law Barring Mandatory Arbitration Agreements Permanently Enjoined

A federal district court has entered a permanent injunction barring the State of California from enforcing Assembly Bill (AB) 51, California’s law that purports to preclude employers from requiring arbitration agreements as a…more

Arbitration, Arbitration Agreements, California, Corporate Counsel, Federal Arbitration Act

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[Webinar] Keeping Pace with Industry Concerns: Accessibility, Equity in Healthcare and Gender-Affirming Care - November 17th, 1:00 pm - 2:00 pm EST

As the industry continues to evolve, access to healthcare remains a key challenge. For certain segments of the population, access to healthcare is not equitable. We will examine how the ADA and state disability and…more

Accessibility Rules, Affordable Care Act, Americans with Disabilities Act (ADA), Best Practices, Continuing Legal Education

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H-2B Visa Update: Additional Temporary Nonagricultural Visas Granted for FY 2024

Congress has approved an additional 64,716 H-2B visas for fiscal year 2024, supplementing the 66,000 available annually. As in prior years, restrictions will apply. A temporary final rule has been published in the Federal…more

Department of Homeland Security (DHS), Foreign Workers, H-2B, Irreparable Harm, Visas

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New Law Regulates Remote Work, Promotes Establishment of Airline Home Bases in Puerto Rico

The “Law to Facilitate the Implementation of Remote Work in the Private Sector and to Incentivize the Establishment of Airline Home Bases in Puerto Rico” regulates the employment relation of employees who work remotely from…more

Airlines, Collective Bargaining Agreements (CBA), Employment Contract, Income Taxes, Internal Revenue Code (IRC)

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EU Artificial Intelligence Act Passes in European Parliament

On Wednesday, March 13, 2024, Members of European Parliament endorsed the Artificial Intelligence Act (“AI Act”), with 523 votes in favor, 46 against, and 49 abstentions. This is the world’s first comprehensive AI law and likely…more

Algorithms, Artificial Intelligence, EU, European Commission, European Parliament

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Waiver Of USERRA Rights In General Release Agreements Must Be Specific, Tennessee Court Emphasizes

Executing a general release did not waive a former employee’s claims under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), a federal district court in Tennessee has ruled, granting summary…more

Employer Liability Issues, Military Leave, Military Service Members, USERRA, Wage and Hour

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OSHA Proposes Expansion of Workplace Protections for Emergency Responders

The Occupational Safety and Health Administration (OSHA) has proposed a rule to replace and expand its Fire Brigades Standard. The proposed Emergency Response Standard would impose new requirements on employers with employees…more

Department of the Interior, Emergency Medical Services (EMS), Emergency Response, FEMA, Firemen

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Nuanced Privacy Laws Means Healthcare Organizations Should Prioritize Protecting Personal Information

The healthcare industry is among the most highly regulated industries when it comes to privacy protections. In addition to the federal Health Insurance Portability and Accountability Act (HIPAA), healthcare providers also must…more

Audits, California Consumer Privacy Act (CCPA), Cybersecurity, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Maine Enacts New Paid Family and Medical Leave Act

Beginning May 1, 2026, Maine’s new paid family leave law will allow Maine employees up to 12 weeks of family and medical leave benefits over a one-year period. Benefits will be financed by a mandatory “premium” based on…more

Covered Employees, Employee Benefits, Notice Requirements, Paid Family Leave Law, Paid Leave

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New Law Exempts Certain Airline Cabin Crew from California Meal and Rest Period Requirements

Existing law requires an employer to provide an employee with a meal period during a work period of more than five hours per day, except as prescribed. However, on March 23, 2023, Governor Newsom signed Senate Bill (SB) 41,…more

Airlines, Collective Bargaining Agreements (CBA), Governor Newsom, Railway Labor Act, Rest and Meal Break

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New York City Releases Workers’ Bill of Rights, Poster

The New York Department of Consumer and Worker Protection (DCWP) published the “Workers’ Bill of Rights” on March 1, 2024. The Workers’ Bill of Rights is meant to serve as a comprehensive guide to rights in the workplace in New…more

Minimum Wage, New York, Paid Leave, Posting Requirements, State Labor Laws

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Cook County, Illinois, Replaces Earned Sick Leave Ordinance With Paid Leave Ordinance

For Illinois employers, the new year brings a variety of new paid leave laws, the most recent being the Cook County Paid Leave Ordinance passed by the Cook County Board of Commissioners on Dec. 14, 2023. The Cook County Paid…more

Accrued Benefits, Illinois, Local Ordinance, Notice Requirements, Paid Leave

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Massachusetts Department Of Family And Medical Leave Proposals Affecting Private Plan Exemptions

The Massachusetts Department of Family and Medical Leave’s (DFML) proposed amendments to existing regulations for the Massachusetts Paid Family and Medical Leave Act (PFMLA) include significant changes relating to the private or…more

Family and Medical Leave Act (FMLA), Medical Leave, Paid Leave, Sick Leave, Wage and Hour

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Department of Education Releases Final Rule Amending Title IX Regulations

The U.S. Department of Education has released its final amendments of the regulations to Title IX of the Education Amendments of 1972 regarding how educational institutions must handle allegations of sexual discrimination and…more

Amended Regulation, Department of Education, Educational Institutions, Grievance Process, Sex Discrimination

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To Be (Discoverable), or Not to Be: Notetaking During an Attorney’s Internal Investigation

Introduction- Picture this: you are on-site at a new client’s headquarters for a weeklong hostile work environment investigation into several internal complaints made against the CEO and CFO. This is the first engagement for…more

Attorney-Client Privilege, Depositions, Discovery, Federal Rules of Civil Procedure, Internal Investigations

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Building and Construction Industry Exemption: Tool to Contest Withdrawal Liability

The Multiemployer Pension Plan Amendments Act of 1974 (MPPAA) was enacted purposefully by Congress to seize moneys from contributing employers to fund multiemployer defined benefit pension funds regardless of the employers’…more

Construction Industry, Employee Retirement Income Security Act (ERISA), Multiemployer Pension Plan Amendments Act (MPPAA), PBGC, Pension Funds

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Puerto Rico Special Paid Leave Activated for Dengue Fever State of Emergency

The Puerto Rico Secretary of Health issued Administrative Order No. 2024-589, declaring a public health emergency due to the prevalence of cases of dengue fever on the Island. Administrative Order No. 2024-589, signed on March…more

Paid Leave, Public Health Emergency, Puerto Rico, Secretary of HHS, Wage and Hour

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Digital Nomad Visas Offered by Italy, Japan

Italy and Japan have joined the list of countries making it possible for employees to spend time abroad on digital nomad visas (DNVs). These visas give individuals the ability to work abroad remotely and temporarily while…more

Foreign Nationals, Foreign Workers, Italy, Japan, Remote Working

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OSHA Continues to Cite Construction General Contractors for Subcontractor Violations

The lines of liability may not follow construction contract relationships, and a general contractor (GC) can be held liable for the safety and health violations of subcontractors on the worksite. While the Occupational Safety…more

Audits, Construction Industry, General Contractors, Multi-Employer Worksites, OSH Act

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Education Department Proposes New Title IX Regulations for Transgender Student-Athletes

The U.S. Department of Education Office for Civil Rights (OCR) has proposed a standard that would clarify participation and equal opportunity of transgender students in school athletics…more

Department of Education, Federal Register, OCR, Public Comment, Sports

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Changes to Paid Sick Leave and Supplemental Public Health Emergency Leave for Colorado Employees

Starting on August 7, 2023, Colorado employees will be able to use paid sick leave for additional reasons under the Healthy Families and Workplaces Act (HFWA). Governor Jared Polis signed Senate Bill 23-017 into law on June 2,…more

Colorado, Coronavirus/COVID-19, Healthy Workplaces Healthy Families Act 2014, Paid Sick Leave, State Labor Departments

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Illinois Paid Leave for All Workers Act is Ready for Governor’s Signature

Governor J.B. Pritzker has indicated he intends to sign the Illinois Paid Leave for All Workers Act that passed both houses of the legislature on January 10, 2023. The Act will entitle covered employees to earn and use up to 40…more

Governor Pritzker, Illinois, New Legislation, Paid Leave, State Labor Laws

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Connecticut Expands Harassment Training And Posting Obligations For Employers

Nearly all employers in Connecticut will now have to provide sexual harassment training to employees under Connecticut Public Act No. 19-16, also referred to as the “Time’s Up Act,” an amendment to existing state law that…more

Employee Training, Employer Liability Issues, Harassment, Sexual Harassment, State Labor Laws

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Illinois Implements New Notice Distribution Requirements for Remote Workers

A new Illinois law adds electronic notice distribution requirements for employers with remote workers to certain state employment laws. Under the new legislation (HB 3733, codified as Public Act No. 103-0201), Illinois employers…more

Child Labor, Employees, Equal Pay Act, Illinois, Minimum Wage

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Bluegrass State Becomes Third State to Pass a Comprehensive Consumer Privacy Data Law in 2024

On April 4, 2024, Kentucky’s Governor signed House Bill 15, which establishes a consumer data privacy law for the state. The state joins New Hampshire and New Jersey in passing comprehensive consumer privacy laws in 2024…more

Consumer Privacy Rights, Corporate Counsel, Data Controller, Data Privacy, Data Processors

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Federal Contractors Required to Post Salary Ranges in Job Postings Under Proposed DOL Regulations

In recognition of the 15th anniversary of the Lilly Ledbetter Fair Pay Act, the Biden Administration has released a proposal that would prohibit federal contractors from using a job applicant’s prior salary history when setting…more

Biden Administration, Disclosure Requirements, Federal Contractors, Job Ads, NPRM

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California’s Law Barring Mandatory Arbitration Agreements Permanently Enjoined

A federal district court has entered a permanent injunction barring the State of California from enforcing Assembly Bill (AB) 51, California’s law that purports to preclude employers from requiring arbitration agreements as a…more

Arbitration, Arbitration Agreements, California, Corporate Counsel, Federal Arbitration Act

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Behind the Scenes in the Manufacturing Site-Selection Process

Whether seeking to expand an existing operation or grow into a new business, manufacturers large and small must evaluate locations with an eye on whether they would benefit their operations’ bottom line. Industries ranging from…more

Distributors, Manufacturers, Suppliers, Supply Chain

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New York City Law Against Body-Size Discrimination: What the Residential Real Estate Industry Needs to Know

New York City’s legislation amending the New York City Human Rights Law, Local Law 61 of 2023, prohibits discrimination based on a person’s height or weight in employment, housing, and public accommodations. The new law took…more

Employment Discrimination, Enforcement, Housing Discrimination, Landlords, New York

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City of Los Angeles Freelance Worker Protections Ordinance

On July 1, 2023, the City of Los Angeles Freelance Worker Protections Ordinance went into effect. The ordinance sets forth certain requirements for hiring entities retaining freelance workers operating within the City of Los…more

City of Los Angeles, Employment Contract, Freelance Workers, Independent Contractors, Wage and Hour

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Iowa Supreme Court Dismisses Claim Alleging Reporting Physician Misconduct is Defamatory

Physicians often have a legal obligation to report conduct which they believe may constitute negligence, or demonstrate an individual’s inability to practice medicine competently, safely, or within the bounds of the relevant…more

Defamation, IA Supreme Court, Narcotics, National Practitioner Data Bank (NPDB), Physicians

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Connecticut Appellate Court Finds No Private Right of Action for State Tip Recordkeeping Errors

There is no private right of action for violations of a recordkeeping regulation for restaurant industry employers that take the tip credit against the minimum wage for tipped employees, the Connecticut Appellate Court has held…more

Appellate Courts, Connecticut, Private Right of Action, Recordkeeping Requirements, Restaurant Industry

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New Puerto Rico Law Grants Workers Registered as Informal Caregivers Additional Rights

Puerto Rico’s Informal Care Public Policy Act (ICPPA) amends the Puerto Rico Working Hours and Days Act to establish new rights and protections for individuals duly certified as “informal caregivers.” The ICPPA took effect…more

Caregivers, Duty Hours, Healthcare, Wage and Hour, Work Schedules

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Puerto Rico Governor Extends Mandatory COVID-19 Vaccination To Additional Private Industries

Puerto Rico Governor Pedro R. Pierluisi has expanded mandatory COVID-19 vaccination to additional private industries effective August 30, 2021. Private Industries Covered- Under Executive Order 2021-064 (EO), all beauty…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Masks, Puerto Rico, Religious Beliefs

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When Is An Insurance Policy Not An ERISA Plan?

ERISA makes clear that it governs “any plan, fund, or program … established … by an employer … for the purpose of providing [health benefits] for its participants.” 29 U.S.C. § 1002(1). Although most employee benefit plans that…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Health Insurance, Retirement Plan

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Illinois Day and Temporary Labor Services Act Equivalent-Benefits Provision Enjoined

A federal judge has granted a preliminary injunction prohibiting the Illinois Department of Labor (IDOL) from enforcing the equivalent-benefits provision of the Illinois Day and Temporary Labor Services Act (IDTLSA). Staffing…more

Amended Regulation, Compensation & Benefits, Employee Retirement Income Security Act (ERISA), Equal Pay, Governor Pritzker

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Failure To Hire Due To “Jewish Blood” May Constitute Race Discrimination Under Title VII

A federal magistrate in the Western District of Louisiana has issued what appears to be the first ruling under Title VII of the Civil Rights Act of 1964 that someone who is Jewish may be protected from race discrimination under…more

Employer Liability Issues, Hiring & Firing, Popular, Race Discrimination, Title VII

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[Event] Workplace Law Symposium: The Year Ahead - February 21st, Raleigh, NC

Jackson Lewis P.C. attorneys are pleased to welcome you back in–person after meeting virtually over the past two years. Our annual program will explore the challenging and dynamic workplace law landscape in 2023 and beyond…more

Continuing Legal Education, Coronavirus/COVID-19, Employer Liability Issues, Employment Contract, Employment Policies

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New York State Budget Includes Enhanced Employer Obligations

The New York State enacted budget for fiscal year 2024 changes employers’ obligations by adding paid leave for prenatal care, converting unpaid break time for purposes of expressing breast milk into paid time, and incorporating…more

Coronavirus/COVID-19, Healthcare, Lactation Accommodation, New York, Paid Leave

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New York Bars Insurers from Denying Commercial Crime Coverage Due to Employee’s Prior Criminal Conviction

The New York State Department of Financial Services (NYSDFS) has promulgated a regulation that requires insurance companies to provide Commercial Crime Coverage to employers who have prior knowledge of an employee’s prior…more

Anti-Discrimination Policies, Commercial Insurance Policies, Corporate Counsel, Criminal Records, NYDFS

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OSHA Advancing Indoor and Outdoor Heat Illness Rule With Small Business Review

As temperatures soar in many areas of the country, the Occupational Safety and Health Administration (OSHA) continues to move forward with a heat illness standard for indoor and outdoor employers. OSHA has notified the Small…more

Employer Responsibilities, Heat Exposure, OSHA, Recordkeeping Requirements, Rest and Meal Break

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Updates to the Washington Paid Family and Medical Leave Program

The Washington Employment Security Department has announced the Paid Family and Medical Leave 2024 premium rates and weekly benefit maximums. Beginning on January 1, 2024, the Washington Paid Family and Medical Leave…more

Medical Leave, Paid Family Leave Law, Sick Leave, State Labor Laws, Wage and Hour

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California Legislature Proposes Bill Giving Employees the Right to “Disconnect” from Work

California’s pro-employee employment regulations are often compared to those of the European Union. Recently, the California legislature borrowed another European idea for a proposed bill, “the right to disconnect from work.”…more

California, EU, Labor Commissioners, Proposed Legislation, State Labor Laws

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New York City DCA Issues Guidance On Temporary Schedule Change Amendments To Fair Workweek Law

The New York City Department of Consumer Affairs (DCA) Office of Labor Policy & Standards has released a mandatory posting, Frequently Asked Questions, and an overview for employers and workers called “What Employers/Workers…more

Employer Liability Issues, Fair Workweek, State Labor Laws, Wage and Hour, Work Schedules

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New York Clean Slate Act Will Seal Certain Old Criminal Records, Affecting Employers’ Hiring Processes

New York has joined the growing number of states that have enacted “clean slate” legislation that will automatically seal certain criminal records. The new law will require employers to review any hiring processes related to an…more

Background Checks, Criminal Convictions, DMV, DNA, Fair Credit Reporting Act (FCRA)

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H-1B Update: New Rule Focuses on Beneficiary-Centric Improvements

USCIS published its Improving the H-1B Registration Selection Process and Program Integrity final rule on Feb. 2, 2024. The new final rule has three basic categories: creating a beneficiary-centric selection process,…more

Department of Homeland Security (DHS), F-1 Visa, Foreign Workers, H-1B, Immigration Procedures

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U.S. Workforce Positive Post-Accident Marijuana Drug Test Rates Reach Twenty-Five Year High

A Quest Diagnostics analysis published on May 18, 2023 found that positive post-accident marijuana tests were at the highest level in 25 years in 2022. Positive post-accident tests increased to 7.3%, an increase of 9% compared…more

Drug Testing, Marijuana, Medical Marijuana, Quest Diagnostics, Recreational Use

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Puerto Rico Special Paid Leave Activated for Dengue Fever State of Emergency

The Puerto Rico Secretary of Health issued Administrative Order No. 2024-589, declaring a public health emergency due to the prevalence of cases of dengue fever on the Island. Administrative Order No. 2024-589, signed on March…more

Paid Leave, Public Health Emergency, Puerto Rico, Secretary of HHS, Wage and Hour

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[Event] A Day in the Life of a Restrictive Covenant Attorney: Long Island Workplace Law Breakfast Series - November 17th, Melville, NY

Join Jackson Lewis P.C. attorneys in-person for the annual Long Island Workplace Law Breakfast Series. We are excited to provide you with a unique perspective on our most popular labor and employment law topics. The "A Day in…more

Continuing Legal Education, Employment Contract, Events, Former Employee, Former Employer

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Virginia Law Mandating Unpaid Organ Donor Leave Goes Into Effect July 2023

Virginia Governor Glenn Youngkin signed a law on April 12, 2023 mandating employers provide unpaid organ donor leave. When the law goes into effect on July 1, 2023, Virginia will join nearly 20 other states that require…more

Organ Donation, Popular, State Labor Laws, Unpaid Leave, Verification Requirements

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Getting Local: City of Santa Monica Local Ordinances

Like its neighbor City of Los Angeles, Santa Monica has local employment ordinances. However, as a popular tourist destination, Santa Monica has several ordinances pertaining to the hospitality industry that employers should…more

Employment Policies, Hospitality Industry, Local Ordinance, Minimum Wage, Paid Sick Leave

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Chicago Releases Model Sexual Harassment Prevention Policy, Poster for Employers

The Chicago Commission on Human Relations has released an English-language model policy and a model sexual harassment prevention poster related to Chicago’s new requirement that employers adopt a sexual harassment prevention…more

Anti-Harassment Policies, Employee Training, Employer Liability Issues, Employment Policies, Sexual Harassment

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Class Actions for Tuition Refunds Based on COVID-19 Pandemic Closure? Ohio Appeals Court Weighs In

College life was just one of the many things affected by the COVID-19 pandemic. Schools around the country were forced to close academic buildings, residence halls, and other campus facilities and to pivot to online instruction…more

Appellate Courts, Class Action, Colleges, Coronavirus/COVID-19, Refunds

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Employers’ Notification Requirements When Employing Foreign Nationals in H-1B, H-1B1, E-3

Employers that employ foreign nationals have various notification requirements. Immigration cases that require LCA (Labor Condition Application) filings with the Department of Labor (DOL) before submitting petitions to USCIS or…more

Department of Labor (DOL), E-3, Foreign Nationals, Foreign Workers, H-1B

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Department of State Announces Pilot Program for Stateside Processing of Nonimmigrant Visas

The Department of State (DOS) will begin a pilot program for issuing nonimmigrant visas inside the United States on Jan. 29, 2024. The pilot program will be available to a narrowly defined class of nonimmigrants for a limited…more

Department of Homeland Security (DHS), Federal Pilot Programs, H-1B, Immigration Procedures, Non-Immigrant Visas

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New Alabama Law Limits Public Employers’ DEI Efforts

The Alabama Legislature has enacted 2024 Ala. Act 34, limiting the diversity, equity, and inclusion (DEI) efforts of state agencies, public universities, and public boards of education. The new law goes into effect Oct. 1, 2024…more

Alabama, Discrimination, Diversity and Inclusion Standards (D&I), New Legislation, State Employees

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Sixth Circuit Adopts New Standard to Decide Whether to Send Notice to Potential FLSA Opt-Ins

In a highly anticipated decision, the U.S. Court of Appeals for the Sixth Circuit has ruled it will not use the lenient, two-step procedure in deciding whether to authorize sending notice of a collective action to other workers…more

Arbitration Agreements, Class Action, Class Certification, Collective Actions, Fair Labor Standards Act (FLSA)

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NLRB Announces its Focus on Online Tracking Tools Used to Manage Remote Worker Performance

A significant concern for managers of remote workers is the ability to engage, manage and monitor performance and productivity – and some healthcare employers have turned to technologies like tracking employee keystrokes,…more

Employee Monitoring, Employee Tracking, NLRA, NLRB, Protected Activity

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U.S. Supreme Court: Alleging Discriminatory Transfer Is Sufficient Harm to Bring Title VII Claim

An employee challenging a job transfer under Title VII of the Civil Rights Act must show the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Discrimination

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Filers Must Use New PERM Labor Certification Form ETA-9089, New FLAG Platform Starting June 1, 2023

Beginning on June 1, 2023, filers submitting PERM Applications for Permanent Employment Certification must submit the revised ETA-9089 in the Foreign Labor Application Gateway (FLAG) system, the U.S. Department of Labor’s (DOL)…more

Department of Labor (DOL), Foreign Workers, Labor Certifications, Lawful Permanent Residents, OFLC

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[Event] 2020 Vision: Preparing for a Crystal Clear Year - March 25th, Jacksonville, FL

Join attorneys at Jackson Lewis P.C. for a complimentary breakfast seminar exploring the latest issues in workplace law. Topics: The Coronavirus: What Employers Should Be Doing to Prepare for Emergencies. Employers are…more

Best Practices, Continuing Legal Education, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation

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Conducting Internal Investigations in the Real Estate Industry

Real estate companies, including property management companies, brokerages, construction, and development and real estate developers, seeking to manage risks and avoid litigation must take seriously internal employment…more

Internal Investigations, Policies and Procedures, Property Managers, Real Estate Brokers, Real Estate Market

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E-2 Treaty Investor Visa Open To Israeli Citizens

The U.S. Embassy in Israel has announced that the necessary agreement has been signed and Israeli citizens will be able to apply for an E-2 Visa as of May 1, 2019. This is an important announcement for the Israeli high-tech…more

E-2, Foreign Nationals, Immigrants, Investors, Israel

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Pregnant Workers Fairness Act Proposed Regulations: Takeaways for Manufacturing Industry

The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. The Equal Employment Opportunity Commission (EEOC) must issue final regulations to implement the PWFA by Dec. 29, 2023. This article summarizes key…more

Equal Employment Opportunity Commission (EEOC), Human Resources Professionals, Manufacturers, Policies and Procedures, Pregnancy

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Washington’s Limits on Use of Nondisclosure, Nondisparagement Clauses in Employment Agreements

Washington’s Silenced No More Act limits all Washington employers’ use of nondisclosure and nondisparagement provisions in employment agreements. The Act (codified as RCW 49.44.211) makes it illegal for employers in an…more

Employer Liability Issues, Non-Disclosure Agreement, Non-Disparagement Provisions, Pre-Employment Agreements, State Labor Laws

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Cal/OSHA Publishes FAQs for New Workplace Violence Prevention Law

Last year, California’s Governor signed Senate Bill (SB) 553, which requires most employers to establish, implement, and maintain an effective Workplace Violence Prevention Plan (WVPP). The law is enforceable on July 1, 2024…more

Cal-OSHA, California, Recordkeeping Requirements, State Labor Laws, Training

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Municipal Violation Is Not ‘Arrest Record’ Covered by Wisconsin Fair Employment Act, Court Holds

The Wisconsin Fair Employment Act’s (WFEA’s) prohibition against discrimination based on employees’ arrest and conviction record has always been considered broad, and its standard of allowing employers to make employment…more

Appellate Courts, Criminal Convictions, Employment Discrimination, Fair Employment Practices Act, Termination

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Employers Increasingly Targets Of Illinois Biometric Information Privacy Act Lawsuits

Although the Illinois Biometric Information Privacy Act has been the law in Illinois since 2008, in the past year, there have been at least 12 class actions filed against employers in Illinois state and federal courts seeking to…more

Biometric Information, Biometric Information Privacy Act, Employer Liability Issues, Facial Recognition Technology

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What Court Striking Down Labor Board’s New Joint-Employer Rule Means for Construction Employers

The U.S. District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (NLRB’s) 2023 joint-employer rule, which only required an entity to possess or reserve the right to control an employee’s…more

Construction Industry, Construction Project, Construction Workers, Contractors, Joint Employers

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NIST Reveals Government Strategy to Support U.S. Semiconductor Research and Development

The U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) has released a paper outlining its vision and strategy for a National Semiconductor Technology Center (NSTC), a key component of the…more

NIST, Research and Development, Semiconductors, Technology Sector, U.S. Commerce Department

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OSHA to Require Employers to Submit Injury and Illness Forms Online

The Occupational Safety and Health Administration (OSHA) has released a final rule to restore and expand Obama-era requirements for employers in dozens of designated industries that have worksites with at least 100 employees to…more

Corporate Counsel, Electronic Filing, OSHA, Recordkeeping Requirements, Reporting Requirements

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Chipping Away at Two-Step Conditional Certification in FLSA Collective Actions

A federal district court located within the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit has adopted the heightened standard for certification of a collective action under the Fair Labor Standards Act (FLSA)…more

Age Discrimination, Class Action, Collective Actions, Conditional Certification, Employment Discrimination

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State Law Remedies Not Available for Violations of FLSA, Massachusetts High Court Holds

Employees who assert wage claims available only under the federal Fair Labor Standards Act (FLSA) cannot recover the greater remedies available under the Massachusetts Wage Act (MWA), the Massachusetts Supreme Judicial Court has…more

Fair Labor Standards Act (FLSA), Lost Wages, Minimum Wage, Over-Time, Treble Damages

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The City of San Diego Releases Guidance on Compliance with State and Local Paid Sick Leave

On January 1, 2024, California’s Senate Bill (SB) 616 takes effect, increasing the amount of paid sick leave employers are required to provide to California employees. In the new year, employers will be required to provide 40…more

Local Ordinance, OLSE, Paid Leave, San Diego, Sick Leave

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Online Public Records Aggregators Not Protected from FCRA Suit by Section 230

In a recent opinion, Henderson v. The Source for Public Data, L.P., et al, the U.S. Court of Appeals for the 4th Circuit considered whether Section 230(c)(1) of the Communications Decency Act (CDA) – a federal law that allows…more

Communications Decency Act, Consumer Reports, Corporate Counsel, Fair Credit Reporting Act (FCRA), Online Platforms

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Fourth Circuit Clarifies Scope Of Title VII Same-Sex Workplace Harassment

Same-sex harassment in the workplace under Title VII of the Civil Rights Act is not strictly limited to the three scenarios in the U.S. Supreme Court’s seminal 1998 opinion in Oncale v. Sundowner Offshore Services, a three-judge…more

Bostock v Clayton County Georgia, Civil Rights Act, Harassment, Hostile Environment, Retaliation

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Novel ERISA Preemption Questions Presented by U.S. Supreme Court’s Dobbs Decision

The U.S. Supreme Court’s opinion in Dobbs v. Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022), overruling Roe v. Wade and Planned Parenthood v. Casey, has far-reaching consequences across many areas. This special…more

Abortion, Civil Liability, Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employee Privacy Rights

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Shaping Restrictive Covenants in Retail: Insights From Labor Board Guidance

In the evolving retail landscape, where competition is fierce and intellectual property is paramount, the use of restrictive covenants has long been a cornerstone for protecting proprietary information and safeguarding…more

Confidentiality Agreements, Federal Trade Commission (FTC), Intellectual Property Protection, Labor Relations, NLRA

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SDNY Denies Leave to Amend ERISA Complaint with “Substantively the Same Defects” as Dismissed Complaint

A New York federal court recently denied former hospital employees’ request for leave to file a Third Amended Complaint (“TAC”) after dismissing their Second Amended Complaint (“SAC”) for lack of standing and failure to state a…more

403(b) Plans, Amended Complaints, Class Action, Defined Contribution Plans, Employee Retirement Income Security Act (ERISA)

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Mississippi Poised to Enact Pay Equity Law

Mississippi is the only state in the country without an equal pay law. That may change soon. On March 30, 2022, the Mississippi House and Senate both passed HB 770. The bill (1) requires employers to pay employees without…more

Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination, Pay Equity Laws, Pay Transparency

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3 Key Risks When Using AI for Performance Management & Ways to Mitigate Them

Artificial intelligence tools are fundamentally changing how people work. Tasks that used to be painstaking and time-consuming are now able to be completed in real-time with the assistance of AI…more

Artificial Intelligence, Bias, Employer Liability Issues, Federal Trade Commission (FTC), Machine Learning

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New Jersey Enacts ‘Bill of Rights’ for Temporary Workers

New Jersey Governor Phil Murphy has signed into law the “Temporary Workers’ Bill of Rights,” providing temporary workers significant rights regarding their employment through temporary help service firms. Notice obligations for…more

Anti-Retaliation Provisions, Governor Murphy, Recordkeeping Requirements, State Labor Laws, Temporary Employees

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Changing Landscape of Labor Relations in Retail Industry

The retail industry has experienced an uptick in union organizing over the last few years, and decisions from the National Labor Relations Board are expected to ease unionization. Labor law is evolving, and employers must adapt…more

Employee Handbooks, NLRB, Retailers, Training, Unfair Labor Practices

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New Study Shows Gen Z LGBTQIA+ Students, Graduates Value, Seek Out Inclusive Workplaces

Employers that foster a culture of belonging for all employees will have an advantage as Gen Z is projected to make up 27% of the workforce by 2025 and their expectations will change the workplace as we know it. Born between…more

Bias, Diversity and Inclusion Standards (D&I), Employment Discrimination, Generation Z, LGBTQ

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Fifth Circuit Ruling a Stark Reminder of Employer Obligations When Taking FLSA Tip Credit, Imposing Uniform Fees

Generally, the Fair Labor Standards Act (FLSA) requires employers to pay at least minimum wage (currently $7.25) for all non-overtime hours in a workweek. However, subject to any contradictory state laws, an employer may pay a…more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Minimum Wage, Tip Credit, Tipped Employees

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OSHA Proposes Expansion of Workplace Protections for Emergency Responders

The Occupational Safety and Health Administration (OSHA) has proposed a rule to replace and expand its Fire Brigades Standard. The proposed Emergency Response Standard would impose new requirements on employers with employees…more

Department of the Interior, Emergency Medical Services (EMS), Emergency Response, FEMA, Firemen

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Illinois Enacts Pre-Tax Commuter Benefits Requirement

The new Illinois Transportation Benefits Program Act (HB 2068; P.A. 103-291) aims to promote the commuter benefits available to employees who use public transportation to commute to and from work. Beginning January 1, 2024,…more

Commuter Tax Benefits, Illinois, State Labor Laws, Transportation Industry, Wage and Hour

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New Jersey: Vaccines Or Testing For Workers In Healthcare And High-Risk Congregate Settings

New Jersey is requiring employers in covered healthcare and high-risk congregate settings (“covered settings”) to establish a policy that: (1) mandates vaccinations or weekly testing for workers; (2) creates a system to track…more

Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Documentation, Executive Orders

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New York City Releases Workers’ Bill of Rights, Poster

The New York Department of Consumer and Worker Protection (DCWP) published the “Workers’ Bill of Rights” on March 1, 2024. The Workers’ Bill of Rights is meant to serve as a comprehensive guide to rights in the workplace in New…more

Minimum Wage, New York, Paid Leave, Posting Requirements, State Labor Laws

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New York Issues Guidance, Proposes Regulations on Newly Effective Pay Transparency Requirements

Pay transparency obligations are in effect in New York State, and the state Department of Labor has issued employer guidance and proposed regulations. As of September 17, 2023, covered employers must include in any…more

Hiring & Firing, Job Ads, Job Applicants, Job Promotions, New York

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St. Paul Issues New Guidance For Employers Complying with the City’s Earned Sick and Safe Time Ordinance

Continuing the wave of new rules and regulations related to paid leave in Minnesota, on January 8, 2024, the St. Paul Department of Human Rights and Equal Economic Opportunity (HREEO) issued guidance on its interpretation of St…more

Accrued Benefits, New Guidance, Paid Leave, Paid Sick Leave, Paid Time Off (PTO)

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Ninth Circuit Holds Warehouse Worker Qualifies as Transportation Worker Under FAA Exemption

Arbitration agreements with warehouse workers and others who play a “direct and necessary role” in the transportation of goods and people may fall within the “transportation worker exemption” to the Federal Arbitration Act…more

Arbitration Agreements, Federal Arbitration Act, Foreign Commerce, Interstate Commerce, Job Duties

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Connecticut Family and Medical Leave Act Regulations in Final Review; Notices Required as of July 1

Over six months after the Connecticut Family and Medical Leave Act (Connecticut FMLA) took effect, proposed regulations are slated for consideration and approval by the Connecticut Legislative Regulation Review Committee (LRRC)…more

Connecticut, Family and Medical Leave Act (FMLA), Fitness for Duty Exams, New Hires, Paid Leave

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Sick Leave for All New Mexico Employees Begins July 1: What Employers Should Know

The New Mexico Healthy Workplaces Act (“NMHWA”) requires all private employers in New Mexico to provide all employees one hour of paid sick leave for every 30 hours worked. Employees may use up to 64 hours of earned sick leave…more

Healthy Workplace Act, Paid Leave, Sick Leave, Wage and Hour, Written Notice

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California Supreme Court Rules Trial Courts Lack Authority to Strike PAGA Claims Based on Manageability

On January 18, 2024, the California Supreme Court issued its opinion in Estrada v. Royalty Carpet Mills. In the Estrada decision, the California Supreme Court resolved a split of authority on the issue of whether trial courts…more

CA Supreme Court, Class Action, Private Attorneys General Act (PAGA), Split of Authority, Wage and Hour

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Labor Board Issues New Election Rules and Makes It Easier for Workers to Unionize Without a Vote

The National Labor Relations Board continued its efforts to facilitate union organizing and upended significant aspects of prior precedent by: (1) making it easier for unions to circumvent the Board’s election procedures through…more

Collective Bargaining, Employer Liability Issues, Labor Relations, NLRA, NLRB

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Understanding How U.S. Export Controls Affect Manufacturers’ Hiring Practices

The U.S. government has adjusted export control regulations in an effort to protect U.S. national security interests. The revisions primarily affect export of electronic computing items and semiconductors to prevent foreign…more

Anti-Discrimination Policies, Civil Rights Act, Export Administration Regulations (EAR), Export Controls, Foreign Nationals

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What Court Striking Down Labor Board’s New Joint-Employer Rule Means for Construction Employers

The U.S. District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (NLRB’s) 2023 joint-employer rule, which only required an entity to possess or reserve the right to control an employee’s…more

Construction Industry, Construction Project, Construction Workers, Contractors, Joint Employers

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The Role Of Company Directors During COVID-19

The COVID-19 pandemic has had a dramatic impact on the management of organizations, including throwing managers at all levels into an “all-hands-on-deck” reactive mode. In large measure, the immediate focus of management-level…more

CARES Act, Coronavirus/COVID-19, Relief Measures, Remote Working, Securities and Exchange Commission (SEC)

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Workplace Diversity, Equity, Inclusion: Data Privacy and Security Issues

In the last decade, organizations of varied industries and sizes have heightened their focus on diversity, equity, and inclusion (DEI) initiatives and, since 2020, DEI has become a top priority. COVID-19 pandemic realities,…more

Anti-Discrimination Policies, Assessment, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Coronavirus/COVID-19

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Keeping Retail Employees Engaged With Emotionally Intelligent Leaders

Although the federal COVID-19 Public Health Declaration officially proclaimed the pandemic over nearly a year ago (on May 11, 2023), many employers, especially those in the retail industry, continue to feel the pandemic’s…more

Coronavirus/COVID-19, Employee Engagement, Labor Relations, Leadership, Managers

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Discrimination Based on Sexual Orientation Unlawful, Michigan High Court Holds, Overruling Precedent

Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), MCL 37.2101 et seq., prohibition of sex-based discrimination also prohibits discrimination based on sexual orientation, the Michigan Supreme Court has held…more

Discrimination, Employer Liability Issues, Employment Discrimination, Gender Identity, Hiring & Firing

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The National Emergency Ends…. But Wait, There’s More!

We previously wrote about President Biden’s announcement to end the COVID-19 Public Health Emergency (PHE) and National Emergency (NE) periods on May 11, 2023, and the practical ramifications for employer group health plan…more

Benefit Plan Sponsors, COBRA, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Labor (DOL)

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Reminder: San Francisco Employer Annual Reporting Form Due May 3

Employers covered by San Francisco’s Fair Chance Ordinance or Health Care Security Ordinance are required to submit the Employer Annual Report Form to the San Francisco Office of Labor Standards Enforcement (OLSE) by May 3,…more

Fair Chance Act, Healthcare, Local Ordinance, OLSE, Reporting Requirements

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How Manufacturers Can Stay Ahead of the Changing Landscape of PFAS Regulations

Perfluoroalkyl and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals,” are a varied group of thousands of manufactured chemicals and have been used in industry and consumer products since the 1940s. In…more

Environmental Policies, Environmental Protection Agency (EPA), Hazardous Waste, Impact Assessments, Internal Audit Functions

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Trade Associations Urge Illinois High Court to Reconsider BIPA Decision in Cothron

The Illinois Supreme Court’s decision that a separate claim under Illinois’ Biometric Information Privacy Act (BIPA) accrues each time an entity scans or transmits an individual’s biometric identifier or biometric information…more

Biometric Information, Biometric Information Privacy Act, Class Action, IL Supreme Court, Trade Associations

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NCAA President Charlie Baker’s Open Letter: Student-Athletes Must Join the Conversation

NCAA President Charlie Baker penned a letter to student-athletes, asking for feedback on his proposal to allow Division I (D-I) schools to pay student-athletes directly. In the December19 letter, Baker emphasized that schools…more

Antitrust Division, Compensation, Name and Likeness, NCAA, Student Athletes

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U.S. Supreme Court: False Claims Act Liability Depends on Defendant’s Subjective Beliefs

Liability in False Claims Act (FCA) suits depends on whether a defendant subjectively believed its claims were false, not on whether it can offer an objectively reasonable basis for its claims, the U.S. Supreme Court has held in…more

Drug Pricing, False Claims Act (FCA), Federal Contractors, Medicaid, Medicare

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Los Angeles County Passes Fair Chance Ordinance That Applies to Unincorporated Areas of the County

At the end of February, the Los Angeles County Board of Supervisors passed an ordinance adding several compliance requirements to the California Fair Chance Act requirements for employers considering the criminal history of…more

California, Criminal Records, Fair Chance Act, Job Ads, Job Applicants

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[Event] Workplace Law Symposium: The Year Ahead - February 21st, Raleigh, NC

Jackson Lewis P.C. attorneys are pleased to welcome you back in–person after meeting virtually over the past two years. Our annual program will explore the challenging and dynamic workplace law landscape in 2023 and beyond…more

Continuing Legal Education, Coronavirus/COVID-19, Employer Liability Issues, Employment Contract, Employment Policies

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Philadelphia Mandates COVID Vaccine for All City Workers

On November 19, 2021, the City of Philadelphia announced all City workers must “complete a full schedule of COVID-19 vaccination(s)” by January 14, 2022, or risk losing their jobs. This mandate comes following the City’s…more

Americans with Disabilities Act (ADA), Colleges, Coronavirus/COVID-19, Federal Contractors, Healthcare Workers

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Philadelphia Announces January 2022 Vaccination Mandate for Indoor Venues

On December 13, 2021, the City of Philadelphia announced that starting January 3, 2022, it will require proof of full COVID-19 vaccination (two doses of Pfizer or Moderna or one dose of Johnson & Johnson) for admission to indoor…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Entertainment Venues, Minor Children, Religious Exemption

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U.S. Senators Reintroduce Bipartisan NCAA Accountability Act

Tennessee Senator Marsha Blackburn (R) and New Jersey Senator Cory Booker (D) have reintroduced the “NCAA Accountability Act.” This follows multiple hearings held over the past few years on NCAA operations, including how the…more

Arbitration, Department of Justice (DOJ), Investigations, Name and Likeness, NCAA

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Changing Landscape of Labor Relations in Retail Industry

The retail industry has experienced an uptick in union organizing over the last few years, and decisions from the National Labor Relations Board are expected to ease unionization. Labor law is evolving, and employers must adapt…more

Employee Handbooks, NLRB, Retailers, Training, Unfair Labor Practices

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Department of Education Releases Final Rule Amending Title IX Regulations

The U.S. Department of Education has released its final amendments of the regulations to Title IX of the Education Amendments of 1972 regarding how educational institutions must handle allegations of sexual discrimination and…more

Amended Regulation, Department of Education, Educational Institutions, Grievance Process, Sex Discrimination

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Mandatory Sexual Harassment Prevention Training for Janitorial Services Employers Resumed

In 2019, California passed Assembly Bill (AB) 547, which requires janitorial employers to provide in-person training in preventing sexual violence and harassment at least once every two years. However, due to concerns about…more

Anti-Harassment Policies, California, Covered Employees, Employee Training, Janitorial Services

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DHS Launches Three Pilot Programs to Test AI Uses

President Joe Biden’s Executive Order regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” directs departments and agencies throughout the government, including the Department of Homeland…more

Artificial Intelligence, Biden Administration, Department of Homeland Security (DHS), Pilot Programs, USCIS

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Private Sector Union Membership Rate Held Steady in 2023

The union membership rate among private sector workers remained steady at 6% in 2023, according to a U.S. Bureau of Labor Statistics (BLS) news release. As the 2022 rate indicated, private sector union membership continues to…more

Bureau of Labor Statistics, Labor Relations, NLRB, Union Membership, Union Organizers

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Dealing With the Growing Threat of Cyberattacks in Manufacturing Sector: What Employers Need to Know

For the second year in a row, the manufacturing industry has fallen victim to more cyberattacks than any other major business sector. Indeed, according to IBM Security’s X-Force Threat Intelligence Index, nearly 25 percent of…more

Confidential Information, Cyber Attacks, Cyber Threats, Cybersecurity, Data Breach

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Manufacturers’ Legal Considerations for Staffing Reductions

In these uncertain economic times, many manufacturers and other employers are deliberating over measures to shore up their financial positions and reassessing their workforce needs. Employers may be considering organizational…more

Layoffs, Manufacturers, Recessions, Separation Agreement, Skilled Laborers

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U.S. Supreme Court: Alleging Discriminatory Transfer Is Sufficient Harm to Bring Title VII Claim

An employee challenging a job transfer under Title VII of the Civil Rights Act must show the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Discrimination

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New York City App-Based Workers’ Minimum Pay-Rate Increases

Delivery platform companies must pay delivery workers in New York City a minimum rate of at least $19.56 per hour, Mayor Eric Adams and the New York City Department of Consumer and Worker Protection (DCWP) announced on April 1,…more

City of New York, Delivery Drivers, Minimum Wage, Pay Rates, Restaurant Industry

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Exploring Trends in Construction: AI Technology, Accessibility, Mental Health, Diversity

The largest construction show in New York, the 2024 New York Build Expo, attracted architects, designers, contractors, and construction professionals from across the tri-state area. The event explored trends in the industry,…more

Accessibility Rules, Americans with Disabilities Act (ADA), Artificial Intelligence, Construction Industry, Diversity

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Third-Party Bonuses Are Not Necessarily “Remuneration” For Overtime Purposes, Third Circuit Holds

When an employer permits its employees to participate in a bonus program offered by the employer’s client, based on the work performed for that client, those bonuses do not always qualify as “remuneration for employment” that…more

Bonuses, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Over-Time, Remuneration

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Refresher on California Commute Time

Over the last 12 months, many employees have started to return to work at a worksite other than their home, even though some remain remote or partially remote. Employers may need a refresher on commute time for employees…more

CA Supreme Court, California, Commute Time, Compensation, Labor Commissioners

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Retail and the Holiday Season: Top Four Areas of Employment Focus

Retail workers are often the unsung heroes of the holiday shopping season. Stores are open longer and have bigger crowds, and customers are tenser than usual. To navigate the holiday season smoothly, retail employers should be…more

Anti-Harassment Policies, Holidays, Retail Workers, Retailers, Wage and Hour

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OSHA Proposes Expansion of Workplace Protections for Emergency Responders

The Occupational Safety and Health Administration (OSHA) has proposed a rule to replace and expand its Fire Brigades Standard. The proposed Emergency Response Standard would impose new requirements on employers with employees…more

Department of the Interior, Emergency Medical Services (EMS), Emergency Response, FEMA, Firemen

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What the Changed Standard for Religious Accommodations Means for the Shift-Based Retail Industry

The retail industry is a shift-based industry, dependent on workers signing up for weekday and weekend shifts, for holidays, and for times when few average workers would dream of being awake and at work. What if an employee…more

Civil Rights Act, Groff v DeJoy, Holidays, Religious Accommodation, Religious Beliefs

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AB 5 Past and Present – What You Need to Know

At the end of 2020, it seemed the legislature, the courts, and even California voters wanted to move away from the independent contractor test codified in Assembly Bill 5 (AB 5). However, during 2021, the pendulum seems to have…more

ABC Test, CA Supreme Court, Dynamex, Independent Contractors, Labor Code

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Biden Administration Focus On OSHA, COVID-19 And What It Means For Manufacturers

Under the Biden administration, two significant and expected changes to the Occupational Safety and Health Administration (OSHA) would give the agency a greater role in reducing the spread of COVID-19 at the workplace, both of…more

Biden Administration, Coronavirus/COVID-19, Employee Training, Health and Safety, Manufacturers

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Getting Local: San Diego Minimum Wage and Earned Sick Leave

California employment laws are exhaustive and comprehensive compliance may serve to be challenging for employers, especially when taking into account the patchwork of local ordinances pertaining to minimum wage, paid sick leave,…more

Local Ordinance, Minimum Wage, Paid Leave, Posting Requirements, San Diego

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[Event] A Day in the Life of a Restrictive Covenant Attorney: Long Island Workplace Law Breakfast Series - November 17th, Melville, NY

Join Jackson Lewis P.C. attorneys in-person for the annual Long Island Workplace Law Breakfast Series. We are excited to provide you with a unique perspective on our most popular labor and employment law topics. The "A Day in…more

Continuing Legal Education, Employment Contract, Events, Former Employee, Former Employer

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What Real Estate Businesses Need to Know About Using Website Tracking Technologies

Real estate businesses frequently operate multiple websites. These may include corporate websites, websites for each of their properties, and websites for their apps and ancillary service offerings. To maximize the convenience…more

Advertising, California Consumer Privacy Act (CCPA), Consent, Department of Health and Human Services (HHS), Federal Trade Commission (FTC)

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Lessons for Construction Industry in Labor Board’s New Test to Classify Independent Contractors

The National Labor Relations Board (NLRB) has made finding independent contractor status harder under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95 (2023). This decision may significantly affect…more

Back Wages, Construction Industry, Employee Benefits, Independent Contractors, Misclassification

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Immigration Issues Companies Reconsidering Bachelor’s Degree as Job Requirement Must Keep in Mind

The increasing need for talented workers in the United States has more and more employers considering eliminating bachelor’s degree requirements from job descriptions. A recognition of the value of skills and experience over…more

E-3, Foreign Workers, Green Cards, H-1B, Highly-Skilled Workers Visa

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Department of Education Releases New Guidance on Pregnancy and Related Conditions

The U.S. Department of Education’s Office for Civil Rights (OCR) released a fact resource on October 4, 2022, reaffirming that Title IX of the Education Amendments Act protects students and employees from discrimination based on…more

Department of Education, Educational Institutions, Employment Discrimination, Harassment, OCR

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Idaho Enacts New Coronavirus Vaccination Law

Under new legislation coined the “Coronavirus Stop Act,” employers doing business in the state of Idaho may no longer require a coronavirus vaccination as a term of employment unless required by federal law or where the terms of…more

Coronavirus/COVID-19, Corporate Counsel, Employer Mandates, Incentives, New Legislation

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More Minnesota Cities Following Suit In Requiring Facemasks

The cities of Edina, Rochester, and Mankato are the most recent in Minnesota to require individuals to wear facemasks in public. They join the growing number of cities and states with the same requirements to prevent the spread…more

Best Practices, Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Masks

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How Companies Can Best Benefit from Employee Resource Groups (ERGs)

Two oft-asked questions by companies seeking to enhance their diversity, equity, and inclusion (DEI) efforts and performance are: (1) Should we create employee resource groups (ERGs)? and (2) How do we make ERGs most effective?…more

Diversity, Diversity and Inclusion Standards (D&I), Employment Policies, Hiring & Firing, Human Resources Professionals

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USCIS Proposes Fee Increases

Hoping to recover some of its operating costs, reduce backlogs, and reestablish timely case processing, USCIS is proposing to adjust its fees for the first time since 2016. The proposed rule is predicted to generate close to…more

Comment Period, Fees, Immigration Procedures, Proposed Rules, USCIS

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Changing Labor Board Membership Will Require Manufacturers To Review Employment Policies

The Biden administration has made some early moves that strongly suggest it intends significant changes from the five-member National Labor Relations Board (NLRB) that manufacturers should watch closely. Currently, the board…more

Employment Policies, Joe Biden, Manufacturers, NLRA, NLRB

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Civil Rights Department Publishes Updated “California Law Prohibits Workplace Discrimination and Harassment” Poster

Government Code section 12850 and related regulations require all California employers to display the “California Law Prohibits Workplace Discrimination and Harassment” poster in a conspicuous place where employees gather. The…more

Anti-Harassment Policies, California, Employment Discrimination, Posting Requirements, State Labor Laws

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New HIPAA Final Rule Imposes Added Protections for Reproductive Health Care Privacy

On April 22, 2024, the federal Department of Health and Human Services’ Office for Civil Rights (OCR) announced a final rule enhancing privacy protections relating to reproductive health care. Specifically, the final rule amends…more

Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, Final Rules, Health Insurance Portability and Accountability Act (HIPAA), OCR

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7th Circuit Ruling Sheds Light Into the post-Hughes 401(k) Litigation Era

Since the Supreme Court’s January ruling in Hughes v. Northwestern University, circuit courts throughout the country have issued varying rulings regarding 401(k) fee litigation cases. These include the Ninth Circuit in Trader…more

401k, Corporate Counsel, Duty of Loyalty, Employee Retirement Income Security Act (ERISA), Excessive Fees

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New Illinois COVID-19 Executive Orders Extend Stay-At-Home, Impose Added Requirements On Employers

Amid multiple lawsuits challenging his authority to issue previous stay-at-home orders, Illinois Governor J.B. Pritzker has enacted Executive Orders 2020-32 and 2020-33, which extend Illinois’ stay-at-home mandate, reissue his…more

Coronavirus/COVID-19, Executive Orders, Governor Pritzker, Infectious Diseases, Personal Protective Equipment

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Employers Should Be Prepared for Colorado’s Family and Medical Leave Insurance (FAMLI) Program

Starting January 1, 2023, Colorado employers must comply with Colorado’s Family and Medical Leave Insurance (FAMLI) Act, which requires nearly all employers and all employees to contribute to the state’s paid family and medical…more

Colorado, Employee Contributions, Paid Family Leave Law, Paid Time Off (PTO), State Labor Laws

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New York Enacts Law Limiting Employee Assignment of Inventions

On September 15, 2023, New York Governor Kathy Hochul signed into law a new section of the New York Labor Law limiting the assignment of inventions by employees to their employers. Specifically, Section 203-f of the Labor Law…more

Assignment of Inventions, Employment Contract, Intellectual Property Protection, Inventions, New Legislation

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EU Artificial Intelligence Act Passes in European Parliament

On Wednesday, March 13, 2024, Members of European Parliament endorsed the Artificial Intelligence Act (“AI Act”), with 523 votes in favor, 46 against, and 49 abstentions. This is the world’s first comprehensive AI law and likely…more

Algorithms, Artificial Intelligence, EU, European Commission, European Parliament

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Massachusetts Updates Paid Family and Medical Leave Poster, Notice, Contribution and Benefit Amounts

The Massachusetts Department of Family and Medical Leave has released an updated version of its workplace poster for 2024 reflecting the Paid Family and Medical Leave Act (PFMLA) contribution and benefit increases that went into…more

Employee Benefits, Employer Contributions, Paid Family Leave Law, Paid Leave, Posting Requirements

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Number of Chinese Students at U.S. Universities Drops

Chinese students make up the majority of international students in the United States. However, the number of Chinese students in U.S. universities has dropped from a high of 370,000 in 2019 to about 290,000 today…more

China, Colleges, Coronavirus/COVID-19, Foreign Students, PRC

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[Webinar] Class Actions and Complex Litigation Webinar Series - The California Class Action - March 14th, 2:00p.m. EST

The employment law landscape continues to be dominated by Workplace Law class actions. Jackson Lewis attorneys are defending hundreds of class and collective actions all over the country. Tapping into that experience, this…more

Arbitration Agreements, Class Action, Class Certification, Collective Actions, Continuing Legal Education

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Updated New York WARN Act Regulations Address Post-Pandemic Environment, Add Employer Obligations

The New York State Department of Labor (NYSDOL) has released amended New York State Worker Adjustment and Retraining Act (NYS WARN) Regulations that, in large part, respond to the unique issues presented during the COVID-19…more

Coronavirus/COVID-19, Layoff Notices, Layoffs, New York, Notice Requirements

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AI in the Manufacturing Workplace: Can ‘Big Brother’ Keep Employees Safe?

The phrase “artificial intelligence” or “AI” often instills unease and nervousness. In manufacturing, the use of computerized knowledge or AI to convert once-manual tasks into highly automated mechanized tasks evokes equal parts…more

Artificial Intelligence, Data Privacy, Machine Learning, Manufacturing Facilities, OSH Act

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New Missouri Law Requires Employers To Provide Leave To Victims Of Domestic Or Sexual Violence

Missouri employers with at least 20 employees will soon be obligated to provide leave to victims of domestic or sexual violence under the Victims Economic Safety and Security Act (VESSA), signed into law by Governor Mike Parson…more

Domestic Violence, Employer Responsibilities, Family Members, Notice Requirements, Reasonable Accommodation

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Automatic Enrollment: This Is The Way

Thanks to SECURE Act 2.0, newly established 401(k) and 403(b) plans must now have an automatic enrollment. The SECURE Act 2.0 was passed in December 2022 and made sweeping changes to retirement plan regulations…more

401k, 403(b) Plans, Automatic Enrollment, Compensation & Benefits, Employee Benefits

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DOL Issues 15-Day Extension of Comment Deadline for Proposed Independent Contractor Rule

On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM), seeking to revise the standard for determining whether a worker is an employee or “independent contractor” under the Fair…more

Advanced Notice of Proposed Rulemaking (ANPRM), Comment Period, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Independent Contractors

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California Supreme Court Cases Employers Should Be Watching in 2022

The California Supreme Court has been busy in 2021 deciding cases that affect employers from how to pay meal and rest period penalties to when the statute of limitations for a failure to promote runs. While the state’s high…more

CA Supreme Court, Corporate Counsel, DLSE, Ethics, Labor Commissioners

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U.S. Supreme Court: Federal Labor Law Does Not Bar State Torts for Intentional Destruction of Co. Property

The National Labor Relations Act does not preempt a company’s state tort claims alleging a union’s intentional destruction of company property during a labor dispute, the U.S. Supreme Court has held in an 8-1 decision. Glacier…more

Glacier Northwest v International Brotherhood of Teamsters, Labor Disputes, NLRA, NLRB, Property Damage

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Duluth, Minnesota Repeals Its Paid Leave Ordinance; Other City Ordinances Remain

Leave laws, regulations, and ordinances continue to change in Minnesota. The city of Duluth, Minnesota, repealed its Earned Sick and Safe Time (ESST) ordinance effective Jan. 17, 2024. The Duluth ESST had guaranteed paid leave…more

Earned Sick Time, Local Ordinance, Paid Leave, Repeal, State Labor Laws

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EEOC Issues Final Regulations to Implement the Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC) has issued final regulations and Interpretative Guidance to implement the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023. The PWFA requires…more

Equal Employment Opportunity Commission (EEOC), Final Rules, Pregnant Workers Fairness Act, Public Comment, Reasonable Accommodation

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New Jersey: Daycare Shutdown, Except For ‘Essential Persons’ At Certified Emergency Care Centers

New Jersey Governor Phil Murphy has ordered the shutdown of daycare facilities, effective April 1, 2020, except for certified emergency childcare centers that provide services only to “essential persons.” Executive Order No…more

Business Closures, Child Care, Coronavirus/COVID-19, Department of Children and Families (DCF), Operators of Essential Services

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Federal Trade Commission’s Sweeping Final Rule to Ban Non-Competes: What You Need to Know

On April 23, 2024, the Federal Trade Commission (FTC) issued its final rule prohibiting all non-compete agreements for all employees at all levels, with only extremely limited exceptions. The FTC’s much-anticipated action…more

CEOs, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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California Adds Leave for Reproductive Loss

Senate Bill (SB) 848, scheduled to go into effect on January 1, 2024, requires employers with 5 or more employees to provide employees who have worked for at least 30 days with up to five days of reproductive loss leave…more

California, Paid Leave, Reproductive Healthcare Issues, State Labor Laws, Wage and Hour

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Seventh Circuit: Employer May Place Conditions on Paying for Non-Compensable Off-the-Clock Work

If an employer adopts a contract or custom of paying employees for pre- or post-shift activities that are not otherwise compensable under the Fair Labor Standards Act (FLSA), it can impose conditions on such pay, including…more

Compensation, Employment Contract, Fair Labor Standards Act (FLSA), Off-The-Clock, Over-Time

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OSHA Proposes Expansion of Workplace Protections for Emergency Responders

The Occupational Safety and Health Administration (OSHA) has proposed a rule to replace and expand its Fire Brigades Standard. The proposed Emergency Response Standard would impose new requirements on employers with employees…more

Department of the Interior, Emergency Medical Services (EMS), Emergency Response, FEMA, Firemen

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Three-Year Foreign Domicile Requirement for E-Visa Applicants

A new federal law restricts foreign investors’ access to E visas by adding a three-year domicile requirement for investors who obtained their citizenship through Citizenship by Investment (CBI) Programs…more

Domicile, E-1, E-2, Foreign Investment, Immigration and Nationality Act

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[Event] 2020 Vision: Preparing for a Crystal Clear Year - March 25th, Jacksonville, FL

Join attorneys at Jackson Lewis P.C. for a complimentary breakfast seminar exploring the latest issues in workplace law. Topics: The Coronavirus: What Employers Should Be Doing to Prepare for Emergencies. Employers are…more

Best Practices, Continuing Legal Education, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation

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Virginia Law Mandating Unpaid Organ Donor Leave Goes Into Effect July 2023

Virginia Governor Glenn Youngkin signed a law on April 12, 2023 mandating employers provide unpaid organ donor leave. When the law goes into effect on July 1, 2023, Virginia will join nearly 20 other states that require…more

Organ Donation, Popular, State Labor Laws, Unpaid Leave, Verification Requirements

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Federal Contractors Required to Post Salary Ranges in Job Postings Under Proposed DOL Regulations

In recognition of the 15th anniversary of the Lilly Ledbetter Fair Pay Act, the Biden Administration has released a proposal that would prohibit federal contractors from using a job applicant’s prior salary history when setting…more

Biden Administration, Disclosure Requirements, Federal Contractors, Job Ads, NPRM

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Open Issue: Employer-Sponsored Health Plans and Coverage of Gender-Affirming Care

Transgender protections and rights in the workplace are currently the subject of much confusion. This issue extends to employer-sponsored health plans. Whether an employer-sponsored health plan must cover gender-affirming care…more

Affordable Care Act, Bostock v Clayton County Georgia, Employee Benefits, Employer Group Health Plans, Health Insurance

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Ohio Formally Adopts FLSA’s Portal-to-Portal Act, Collective Action Opt-In Procedure

On April 6, 2022, Governor Mike DeWine signed Senate Bill (S.B.) 47, thereby formally adopting Sections 2 and 4 of the Portal-to-Portal Act (PPA) amendments to the federal Fair Labor Standards Act (FLSA). In addition, S.B. 47…more

Class Action, Fair Labor Standards Act (FLSA), Governor DeWine, Opt-In, Over-Time

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Maine Governor Vetoes Restrictions on Non-Competition Agreements

Maine Governor Janet Mills has vetoed legislation that would have severely restricted the contexts in which Maine employers could use and enforce non-compete agreements. The bill, LD 1496, would have significantly hampered…more

Employment Contract, Governor Mills, Governor Vetoes, Non-Compete Agreements, Restrictive Covenants

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Tips for Restaurants, Retailers When Faced With Sabbath Day Requests

Imagine you manage a busy restaurant, and you are working on the schedule for next week. Saturday is your busiest day, and you need all hands on deck, so you need to schedule everyone for that day. Just when you have the…more

Civil Rights Act, Groff v DeJoy, Religious Accommodation, Religious Beliefs, Title VII

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Don’t Set It & Forget It: Keeping up Your Fiduciary Committee

It’s hard to believe that 2024 is well underway! That means it’s a perfect time to think about an issue that might get lost in the summertime and (dare I already say) year-end shuffles: fiduciary committees. ERISA imposes…more

401k, Benefit Plan Sponsors, Duty to Monitor, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Philadelphia Announces January 2022 Vaccination Mandate for Indoor Venues

On December 13, 2021, the City of Philadelphia announced that starting January 3, 2022, it will require proof of full COVID-19 vaccination (two doses of Pfizer or Moderna or one dose of Johnson & Johnson) for admission to indoor…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Entertainment Venues, Minor Children, Religious Exemption

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U.S. Supreme Court Vacates, Dismisses as Moot Decision Holding ADA ‘Tester’ Has Standing to Sue

The U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the First Circuit holding a self-appointed “tester” has standing to sue under the Americans With Disabilities Act (ADA). Acheson Hotels, LLC v. Laufer,…more

Americans with Disabilities Act (ADA), Attorney's Fees, Boilerplate Language, Hotels, Mootness

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South Carolina Enacts Lactation Support Act

South Carolina Governor Henry McMaster signed into law the “South Carolina Lactation Support Act,” requiring employers to provide employees reasonable unpaid break time, or paid break time or mealtime, each day to express breast…more

Anti-Discrimination Policies, Governor McMaster, Lactation Accommodation, Reasonable Accommodation, Undue Hardship

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Guidance on ADA Accommodations and Medical Restrictions’ ‘Plain Meaning’ From Federal Appeals Court

The federal appeals court in Chicago has provided helpful guidance on employers’ obligation to accommodate qualified individuals’ medical restrictions under the Americans with Disabilities Act (ADA) in a case involving a…more

Americans with Disabilities Act (ADA), Disability Discrimination, Employment Litigation, Essential Functions, Reasonable Accommodation

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Cybersecurity Awareness Month Series: Cybersecurity in the Hoosier State

This year, Indiana joined several other states to pass a comprehensive consumer privacy law, that becomes operative on January 1, 2026. Like other consumer privacy laws, Indiana’s law requires businesses to establish reasonable…more

Breach Notification Rule, Consumer Privacy Rights, Cyber Incident Reporting, Cybersecurity, Data Deletion

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New Jersey Enacts ‘Bill of Rights’ for Temporary Workers

New Jersey Governor Phil Murphy has signed into law the “Temporary Workers’ Bill of Rights,” providing temporary workers significant rights regarding their employment through temporary help service firms. Notice obligations for…more

Anti-Retaliation Provisions, Governor Murphy, Recordkeeping Requirements, State Labor Laws, Temporary Employees

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Union Membership Rates Continue To Decline

By almost every measure, union membership rates continued its steady decline in 2019, according to the latest statistics on unionization rates in the United States from the Bureau of Labor Statistics (BLS). The overall union…more

Bureau of Labor Statistics, Union Membership, Unions

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Maryland Phase Three: Movie Theaters, Live Entertainment Venues Permitted To Reopen

Maryland Governor Larry Hogan has signed a new Executive Order (EO) reopening movie theaters and live entertainment venues, subject to limitations and local regulation. Additionally, the EO permits retail stores and houses of…more

Coronavirus/COVID-19, Governor Hogan, Health and Safety, Infectious Diseases, Public Health

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More Changes to Maryland Family and Medical Leave Insurance Program

Maryland Governor Wes Moore has signed a bill that further delays implementation of the Family and Medical Leave Insurance Program (also known as the Time to Care Act). In 2022, the Maryland General Assembly passed the Family…more

Employee Contributions, Employer Contributions, Maryland, Paid Family Leave Law, Paid Time Off (PTO)

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Dealing With the Growing Threat of Cyberattacks in Manufacturing Sector: What Employers Need to Know

For the second year in a row, the manufacturing industry has fallen victim to more cyberattacks than any other major business sector. Indeed, according to IBM Security’s X-Force Threat Intelligence Index, nearly 25 percent of…more

Confidential Information, Cyber Attacks, Cyber Threats, Cybersecurity, Data Breach

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In-flight Meal Periods For Security Officers Were Not Compensable, Fifth Circuit Holds

A security company did not violate the Fair Labor Standards Act (FLSA) when, under its meal-period policy, it automatically deducted an hour of pay from its security officers on certain flights, the Fifth Circuit Court of…more

Appellate Courts, Fair Labor Standards Act (FLSA), Immigration and Customs Enforcement (ICE), Predominance Requirement, Rest and Meal Break

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Ohio Passes Recreational Marijuana Law: What Employers Should Know

Joining 23 other states, Ohio has passed a recreational marijuana law. On November 7, 2023, Ohioans voted to pass an initiative legalizing and regulating the cultivation, sale, purchase, possession, use, and home growth of…more

Corporate Counsel, Decriminalization of Marijuana, Drug Testing, Excise Tax, Marijuana

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You’re Gonna Need A Warrant For That….

On June 22, 2018, in Carpenter v. United States, the United States Supreme Court decided that the federal government would need a warrant in order to obtain historical location data from cellular service providers, based on cell…more

Carpenter v US, Cell Phones, Cell Site Location Information (CSLI), Criminal Convictions, Electronic Records

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Ohio Passes Recreational Marijuana Law: What Employers Should Know

Joining 23 other states, Ohio has passed a recreational marijuana law. On November 7, 2023, Ohioans voted to pass an initiative legalizing and regulating the cultivation, sale, purchase, possession, use, and home growth of…more

Corporate Counsel, Decriminalization of Marijuana, Drug Testing, Excise Tax, Marijuana

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The City of San Diego Releases Guidance on Compliance with State and Local Paid Sick Leave

On January 1, 2024, California’s Senate Bill (SB) 616 takes effect, increasing the amount of paid sick leave employers are required to provide to California employees. In the new year, employers will be required to provide 40…more

Local Ordinance, OLSE, Paid Leave, San Diego, Sick Leave

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U.S. Government Joins States in Challenging NCAA’s Transfer Eligibility Rule

The U.S. Department of Justice, alongside the District of Columbia and states of Mississippi, Virginia, Minnesota, joined seven other states in their antitrust challenge against the NCAA’s transfer eligibility rule. The rule…more

Antitrust Violations, College Athletes, Colleges, Department of Justice (DOJ), NCAA

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Employee Leave Entitlements 101: School-Related Requests

While students are enjoying the dog days of summer, California employers may want to review leaves available to parents and caregivers before the school year begins. Just as there are considerations when employing minors,…more

California, Caregivers, Paid Leave, Parental Leave, State Labor Laws

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EPLI Trends, Sexual Harassment Claims, And Planning For 2019

The pace of workplace law change and risk exposure continues to grow. Filing of Equal Employment Opportunity Commission (EEOC) and state agency charges, initiation of wrongful discharge and other lawsuits, and daily publicity…more

Background Checks, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Equal Pay, Fair Labor Standards Act (FLSA)

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New York City App-Based Workers’ Minimum Pay-Rate Increases

Delivery platform companies must pay delivery workers in New York City a minimum rate of at least $19.56 per hour, Mayor Eric Adams and the New York City Department of Consumer and Worker Protection (DCWP) announced on April 1,…more

City of New York, Delivery Drivers, Minimum Wage, Pay Rates, Restaurant Industry

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Michigan Executive Order Clarifies COVID-19 Standard

On August 27, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-172. The Executive Order affirms that employers are prohibited from discharging, disciplining, or retaliating against employees who stay home…more

Coronavirus/COVID-19, Executive Orders, Governor Whitmer, Hiring & Firing, Sick Employees

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Georgia Court Of Appeals Confirms Non-Solicitation of Employees Covenant Need Not Have Geographic Or Material Contact Language

As previously noted in Jackson Lewis’ Non-Compete & Trade Secrets Report, Georgia adopted legislation governing restrictive covenant agreements entered into on or after May 11, 2011. This law, however, does not address employee…more

Contract Terms, Corporate Counsel, Employer Liability Issues, Employment Contract, Former Employee

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As expected, Biden re-nominates Acting DOL Secretary Julie Su to permanent post

President Joe Biden on Monday, January 8, 2024, sent to the Senate the nomination of Acting Secretary of Labor Julie Su to serve as permanent DOL Secretary. President Biden previously had signaled his intent to send the…more

Department of Labor (DOL), Joe Biden, Presidential Nominations, Secretary of Labor

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New York Source-of-Income Antidiscrimination Statute Deemed Unconstitutional

The source-of-income antidiscrimination statute in the New York State Human Rights Law (NYSHRL) is unconstitutional as it violates the Fourth Amendment of the U.S. Constitution, New York State Supreme Court Judge Mark G. Masler,…more

Anti-Discrimination Policies, Employment Records, Fourth Amendment, Landlords, Low Income Housing

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For Manufacturers Struggling With Labor Shortage, Time To Review Background Check Processes

As COVID-19 restrictions continue to relax, manufacturers are facing an ever-tightening labor market. Amidst supply-chain disruptions and computer chip shortages, human capital is proving to be increasingly scarce. Many…more

Background Checks, Ban the Box, Coronavirus/COVID-19, Equal Employment Opportunity Commission (EEOC), Fair Chance Act

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NLRB: Union Had Responsibility To Bargain About Employer Information Confidentiality Claim

The National Labor Relations Board (NLRB) has ruled an employer does not have a duty to provide a union with relevant information that contains confidential material if the union has refused the employer’s offer to bargain over…more

Employer Liability Issues, Labor Relations, NLRA, NLRB, Union Organizers

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Key Legal Considerations for Hiring and Retention Incentives in Healthcare

Healthcare organizations across the United States are facing an unprecedented labor shortage. Many healthcare employers are moving quickly to implement creative solutions that will attract and retain a qualified workforce…more

Bonuses, Early Retirement, Employee Incentive Plans, Employee Retention, Fair Labor Standards Act (FLSA)

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Class Action Trends Report June 2022

In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault and…more

Arbitration, Arbitration Agreements, CAFA, Class Action, Class Action Arbitration Waivers

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New York State Budget Includes Enhanced Employer Obligations

The New York State enacted budget for fiscal year 2024 changes employers’ obligations by adding paid leave for prenatal care, converting unpaid break time for purposes of expressing breast milk into paid time, and incorporating…more

Coronavirus/COVID-19, Healthcare, Lactation Accommodation, New York, Paid Leave

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OFCCP Releases New Artificial Intelligence Guidance

OFCCP announced Tuesday morning the release of a new Artificial Intelligence (“AI”) landing page. The landing page, which encourages readers to “check back often for updates” contains links to the Agency’s thoughts about the use…more

Artificial Intelligence, Equal Employment Opportunity Commission (EEOC), Federal Contractors, Joint Statements, OFCCP

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Legislation Banning ‘Captive Audience’ Meetings Enacted in Minnesota, Awaiting Enactment in New York

Minnesota will soon prohibit employers from requiring employees to attend political or religious meetings, including talks about labor unions. Additionally, similar legislation passed by the New York legislature will likely…more

Employer Liability Issues, NLRA, NLRB, Political Speech, Religious Beliefs

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Appellate Court Addresses How Much Information Employee Must Submit to Support an Accommodation Request

One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a…more

Americans with Disabilities Act (ADA), Appellate Courts, Corporate Counsel, Disability Discrimination, Documentation

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Best Practices for Keeping Manufacturing Employees

From signing bonuses to flexible shifts to attract working parents, manufacturers have been focused on creative recruiting to address the labor shortage. But recruiting is only part of the solution to the labor crunch:…more

Employee Retention, Flexible Work Arrangements, Incentives, Labor Shortage, Manufacturers

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USCIS Issues Additional Guidance in Evaluation of O-1B (Extraordinary Ability) Nonimmigrant Visa Petitions

USCIS shared updated guidance on how it will evaluate evidence for petitions seeking O-1B classification as individuals of Extraordinary Ability in the Arts or in the Motion Picture and Television Industry (MPTV)…more

Corporate Counsel, Foreign Nationals, Immigration Procedures, Non-Immigrant Visas, USCIS

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Illinois Enacts Pre-Tax Commuter Benefits Requirement

The new Illinois Transportation Benefits Program Act (HB 2068; P.A. 103-291) aims to promote the commuter benefits available to employees who use public transportation to commute to and from work. Beginning January 1, 2024,…more

Commuter Tax Benefits, Illinois, State Labor Laws, Transportation Industry, Wage and Hour

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New Washington Law Regulates Warehouse Distribution Center Worker Quotas

A new Washington law regulating employers’ use of production quotas or production standards for employees working at warehouse distribution centers (House Bill 1762) will go into effect on July 1, 2024…more

Distribution Centers, Employees, Employer Liability Issues, Labor Reform, New Legislation

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Revisions to Student Work Permits

On September 30, 2023, Governor Newsom signed Assembly Bill (AB) 800, which will provide revisions to the requirements for the issuance of student work permits along with additional requirements for schools in conjunction with…more

California, Child Labor, Governor Newsom, State Labor Laws, Work Permits

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Utah Expands Employee Religious Protections

The Utah Antidiscrimination Act has been amended to expand religious accommodation requirements for employers under Utah law. The Utah Legislature passed House Bill 396 (H.B. 396), and Governor Spencer Cox signed the bill on…more

Anti-Discrimination Policies, Civil Rights Act, Employer Liability Issues, Groff v DeJoy, Religious Accommodation

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Whistleblower Rights In Today’s Evolving Federal Statutory Landscape

All viable whistleblower cases arise from allegations of wrongdoing serious enough to run afoul of some statute or rule. Common issues in every whistleblowing case include: Who is subject to protection against retaliation as…more

Dodd-Frank, Retaliation, Sarbanes-Oxley, Securities and Exchange Commission (SEC), Whistleblower Protection Policies

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Computer Software Employees and Physicians Overtime Exemption Rates for 2024

For an employee to be exempt from overtime regulations under California law, the employee must fit into a category of work that is deemed exempt. The most common exemptions are the executive, administrative, and professional…more

California, Consumer Price Index, Department of Industrial Relations, Exempt-Employees, Over-Time

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District Court Upholds New York City Hotel Severance Law

In a decision of great import to the New York City hospitality industry, a federal court has held that a New York City statute mandating payment of severance benefits to certain covered hotel service employees was not preempted…more

AFL-CIO, Business Closures, CARES Act, Coronavirus/COVID-19, Employee Retirement Income Security Act (ERISA)

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EEOC Rolls Out New Mandatory Workplace Poster

The Equal Employment Opportunity Commission (EEOC) has announced it was replacing its “EEO is the Law” poster with a new poster entitled “Know Your Rights.”…more

Americans with Disabilities Act (ADA), EEO, Employee Rights, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Connecticut’s Pandemic “Hero Pay” Program Goes Into Effect

Private-sector essential employees who worked in Connecticut during the pandemic may receive up to $1,000 in premium pay (i.e., “hero pay”), through a $30 million fund established under the state budget approved by the General…more

Connecticut, Coronavirus/COVID-19, Essential Workers, Governor Lamont, Premium Pay

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California Supreme Court Issues Opinion on “Hours Worked”

In its recent opinion in Huerta v. CSI Electrical Contractors, the California Supreme Court addressed three inquiries posed by the 9th Circuit. These inquiries specifically relate to the definition of “hours worked” within the…more

CA Supreme Court, Compensation, Rest and Meal Break, Security Checks, Wage and Hour

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Happy National Employee Benefits Day 2024!

To all those who work in the employee benefits arena, whether in legal, finance, benefits administration, payroll, tax, human resources, or many other disciplines, this is our annual reminder to celebrate the valuable and…more

Affordable Care Act, COBRA, Compensation & Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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OFCCP Issues Statement Related to Technical Issues with the OFCCP Contractor Portal

The deadline for federal contractors and subcontractors to certify compliance with the affirmative action regulations in the OFCCP Contractor Portal was June 29, 2023. Leading up to the deadline, many contractors experienced…more

Affirmative Action, Compliance, Federal Contractors, OFCCP, Subcontractors

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How the RMD Rules Are Like a New Puppy

On July 17, the Internal Revenue Service (IRS) issued an advance version of Notice 2023-54 (the Notice) which will include transition relief for plan administrators in connection with the change in the required beginning date…more

Employee Benefits, Internal Revenue Code (IRC), IRS, Required Minimum Distributions, Retirement Plan

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President Biden Issues Executive Order Regarding the Development and Use of AI

On October 30, 2023, President Biden issued an Executive Order regarding the Development and Use of Artificial Intelligence across the federal government. The Executive Order (EO) is intended to establish new standards for AI…more

Artificial Intelligence, Bias, Department of Energy (DOE), Department of Homeland Security (DHS), Discrimination

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USCIS Updates Form N-400 Application for Naturalization

USCIS has released the new Form N-400, Application for Naturalization. The new form must be used to file starting June 3, 2024. Among the form’s various changes, two are particularly notable: 1. Social Security Update:…more

Gender Identity, Naturalization, Social Security Administration (SSA), Updated Forms, USCIS

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City of Los Angeles Issues Rules & Regulations for Retail Fair Workweek Ordinance

On April 1, 2023, the City of Los Angeles’ Retail Fair Workweek Ordinance took effect, but the City had only issued a Frequently Asked Questions page as guidance. More recently, the City published rules and regulations as…more

City of Los Angeles, Fair Workweek, Local Ordinance, Posting Requirements, Retailers

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District of Columbia Council Puts Pay Transparency on Path to Application to Employers

Seeking to join the growing list of jurisdictions with pay transparency obligations for employers, on December 19, 2023, the District of Columbia Council passed the Wage Transparency Omnibus Amendment Act of 2023. The bill would…more

Compensation & Benefits, Equal Pay, Labor Reform, Pay Equity Laws, Pay Transparency

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Washington Releases Draft Policy on Tips, Gratuities, and Service Charges

The Washington State Department of Labor & Industries (L&I) released a draft administrative policy regarding tips, gratuities, and service charge requirements for employers. The new policy, titled “Tip, Gratuity, and Service…more

Department of Labor (DOL), Service Charges, Tip-Pooling, Tipped Employees, Wage and Hour

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EEOC Looks To Increase Early Resolutions With Pilot Conciliation, Mediation Programs

The Equal Employment Opportunity Commission (EEOC) has announced two six-month pilot programs to expand its mediation program and increase the effectiveness of its conciliation process. While the EEOC’s press release was short…more

Conciliation, Corporate Counsel, Equal Employment Opportunity Commission (EEOC), Mediation, Non-Discrimination Rules

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Governor Signs Legislation Regarding Sexual Harassment Training Requirements For Minors In The Entertainment Industry

On September 25, 2020, Governor Gavin Newsom signed Assembly Bill 3175, which amends Labor Code section 1700.52 regarding sexual harassment prevention training requirements of age-eligible minors prior to the issuance of…more

DFEH, Employee Training, Employer Liability Issues, Entertainment Industry, Governor Newsom

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[Webinar] Paid Sick and Safe Leave: Are You Still Compliant with Seattle Changing its Rules Again? - June 28th, 11:30am PT

Although paid sick and safe leave is not new to Seattle, the city is once again changing its rules in response to Washington’s new state law. Seattle’s new rules are expected to be released in late May or early June. Employers…more

Continuing Legal Education, Local Ordinance, Paid Leave, Safe Leave, Sick Leave

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California’s High Court Rejects An Unwieldly Prevailing Wage Coverage Standard

The Supreme Court of California recently issued two opinions assessing the breadth of California’s prevailing wage law. Before the court in Mendoza v. Fonseca McElroy Grinding Co., Inc. was a specific question about whether…more

CA Supreme Court, Construction Industry, Prevailing Wages, Public Works, Wage and Hour

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Should We Submit Missing Participant Data to the DOL with the Plan’s Form 5500?

If the U.S. Department of Labor’s Notice of Proposed Information Collection Request, issued on April 15, 2024, becomes final, fiduciary retirement plan committees may be asked to evaluate the important question of whether the…more

401k, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary, Internal Revenue Code (IRC)

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Revamping The No-Rehire Clause

On September 11, 2020, Governor Newsom signed Assembly Bill 2143 (“AB 2143”), which adds further nuances to last year’s AB 749 regarding no-rehire clauses in settlement agreements. AB 749 was part of the #MeToo inspired…more

Good Faith, Governor Newsom, No-Rehire Provisions, Settlement Agreements, Sexual Harassment

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New Law Rewarding Whistleblowers May Lead to Substantial Increase in Whistleblower Claims

In conjunction with an omnibus spending bill, Congress passed in late December 2022, the Anti-Money Laundering Whistleblower Improvement Act, which on December 29, 2022, President Biden signed into law. This law permits…more

Anti-Money Laundering, Confidential Information, Corruption, Retaliation, Securities and Exchange Commission (SEC)

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USCIS E-COA Allows Foreign Nationals to Update Their Addresses Online

USCIS has launched a new Enterprise Change of Address (E-COA) self-service tool to make it easier for foreign nationals to update their addresses. All foreign nationals, even green card holders, are required to notify USCIS of…more

Domestic Violence, Employment Authorization Documents (EAD), Foreign Nationals, Green Cards, Immigration Procedures

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New Hampshire Adopts Paid Leave Program

New Hampshire has joined eight states and the District of Columbia when, on June 24, 2021, the New Hampshire Legislature passed a two-year state budget that includes a paid leave program. Governor Chris Sununu signed the budget…more

Governor Sununu, Paid Family Leave Law, Paid Leave, State Budgets, Wage and Hour

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Reminder: San Francisco Employer Annual Reporting Form Due May 3

Employers covered by San Francisco’s Fair Chance Ordinance or Health Care Security Ordinance are required to submit the Employer Annual Report Form to the San Francisco Office of Labor Standards Enforcement (OLSE) by May 3,…more

Fair Chance Act, Healthcare, Local Ordinance, OLSE, Reporting Requirements

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New, Higher USCIS Filing Fees Take Effect April 1, 2024

Many USCIS filing fees are being adjusted upward beginning on April 1, 2024. That date, of course, is particularly significant. It is the earliest date that Cap H-1Bs can be filed. The H-1B filing fee, for example, will rise…more

ACWIA, Employment Authorization Documents (EAD), Filing Fees, H-1B, USCIS

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4 Things for Employers to Know About Wages and the Holidays

As we move into what many refer to as the holiday season, employers may have questions about handling wages and the holidays. Here are four things for employers to understand about holidays and pay for hourly (non-exempt)…more

Holiday Pay, Holidays, Non-Exempt Employees, Over-Time, Wage and Hour

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U.S. Supreme Court Overturns Roe and Casey: What This Decision Means for Employers

As many expected based on the draft opinion that was leaked months ago, the U.S. Supreme Court has held the U.S. Constitution does not protect the right to obtain an abortion…more

Abortion, Dobbs v. Jackson Women’s Health Organization, Employer Group Health Plans, Planned Parenthood, Pregnancy Discrimination Act (PDA)

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Private Sector Union Membership Rate Held Steady in 2023

The union membership rate among private sector workers remained steady at 6% in 2023, according to a U.S. Bureau of Labor Statistics (BLS) news release. As the 2022 rate indicated, private sector union membership continues to…more

Bureau of Labor Statistics, Labor Relations, NLRB, Union Membership, Union Organizers

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California Voters May Get to Vote to Raise the Minimum Wage to $18.00

California has been working its way up to a $15.00 minimum wage for all employees for several years. As of January 1, 2023, all California employers will be required to pay their employees a minimum wage of $15.00. However, a…more

California, Minimum Wage, State Labor Laws, Wage and Hour, Wages

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A USERRA Leave Primer for Manufacturing Employers

Manufacturers rely on consistent employee attendance to operate production lines and meet critical delivery deadlines to customers. The best-laid production plans can be disrupted by employee absences leaving a gap in the…more

Americans with Disabilities Act (ADA), Civil Rights Act, COBRA, Employee Benefits, Family and Medical Leave Act (FMLA)

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Florida’s Latest Legislation in Wake of COVID-19: What Employers Need to Know

New Florida legislation seeks to protect individuals from discrimination “based on health care choices” and bars COVID-19 mandates. The new law took effect on June 1, 2023. The law’s restrictions on vaccine mandates and facial…more

Coronavirus/COVID-19, Corporate Counsel, Employer Liability Issues, Florida, Governor DeSantis

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Cal/OSHA Announces Civil Penalty Increases

Cal/OSHA, the California Division of Occupational Safety and Health, effective January 1, 2024, increased penalties for certain violations to adjust for inflation and ensure consistency with California and federal law…more

Bureau of Labor Statistics, Cal-OSHA, Citations, Civil Monetary Penalty, Recordkeeping Requirements

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Federal Preemption of California’s Meal and Break Laws for Interstate Motor Carriers Applies Retroactively

In early 2021, the 9th Circuit upheld federal preemption of California’s meal and rest break laws for interstate motor carrier drivers, in the consolidated case of International Brotherhood of Teamsters v. Federal Motor Carrier…more

California, Commercial Truck Drivers, FMCSA, Motor Carriers, Rest and Meal Break

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Employers Should Be Prepared for Colorado’s Family and Medical Leave Insurance (FAMLI) Program

Starting January 1, 2023, Colorado employers must comply with Colorado’s Family and Medical Leave Insurance (FAMLI) Act, which requires nearly all employers and all employees to contribute to the state’s paid family and medical…more

Colorado, Employee Contributions, Paid Family Leave Law, Paid Time Off (PTO), State Labor Laws

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Shuttles And Carpooling For Manufacturing Employees During A Pandemic

The Centers for Disease Control and Prevention (CDC) has provided resources with tips and recommendations to help prevent the spread of COVID-19 when carpooling or ridesharing to and from work. These can be especially useful to…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Public Health

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Election 2020: The State of the Workplace: Who is Legislating What?

State laws will have a real and immediate impact on the workplace, regardless of who wins the White House. Issues including minimum wage, family leave and pay equity are traditionally legislated by state and local governments,…more

Coronavirus/COVID-19, EPSLA, Families First Coronavirus Response Act (FFCRA), Legislative Agendas, Minimum Wage

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Data Protection Update: Q4 Noteworthy Dates

Cross Border Transfers of Data. UK Data Transfers. The UK government has published a U.S. “adequacy decision” which permits U.S. organizations that have certified to the EU-US Data Privacy Framework (DPF) and UK Extension to…more

California Consumer Privacy Act (CCPA), Canada, Cross-Border, Cybersecurity, Cybersecurity Information Sharing Act (CISA)

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[Webinar] Lessons Learned in the First Month of the Mass. Non-Compete Law - November 28th, 1:00pm ET

On October 1, legislation was passed in Massachusetts regulating the use and enforcement of non-compete agreements in the private sector. The effect on companies has been wide-reaching, and included anticipated changes as well…more

Consideration, Continuing Education, Continuing Legal Education, Contract Terms, Legislative History

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New Washington, D.C. Pay Transparency Law Scheduled to Go Into Effect on June 30, 2024

Washington, D.C. joins a growing group of states requiring employers to include projected salary ranges in job postings and to restrict the use of pay history in setting pay. On Jan. 12, 2024, the mayor of D.C. signed the Wage…more

Job Ads, Job Applicants, Pay Equity Laws, Pay Transparency, State Labor Laws

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OSHA Proposes Expansion of Workplace Protections for Emergency Responders

The Occupational Safety and Health Administration (OSHA) has proposed a rule to replace and expand its Fire Brigades Standard. The proposed Emergency Response Standard would impose new requirements on employers with employees…more

Department of the Interior, Emergency Medical Services (EMS), Emergency Response, FEMA, Firemen

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New Washington, D.C. Pay Transparency Law Scheduled to Go Into Effect on June 30, 2024

Washington, D.C. joins a growing group of states requiring employers to include projected salary ranges in job postings and to restrict the use of pay history in setting pay. On Jan. 12, 2024, the mayor of D.C. signed the Wage…more

Job Ads, Job Applicants, Pay Equity Laws, Pay Transparency, State Labor Laws

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Senators Lean on DHS to Provide NIL Guidance for International Student-Athletes

As restrictions lessen on collegiate athletes’ ability to be compensated for their name, image, and likeness (NIL), international student-athletes in F-1 status continue to be at risk if they pursue these economic opportunities…more

College Athletes, Department of Homeland Security (DHS), F-1 Visa, Foreign Students, Name and Likeness

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Pennsylvania’s New Requirements for Tipped and Salaried Employees: Common Questions

The Pennsylvania Department of Labor and Industry has implemented new regulations under the Pennsylvania Minimum Wage Act (PMWA) that go into effect on August 5, 2022. The regulations make a number of important changes for…more

Fair Labor Standards Act (FLSA), Minimum Wage, Pennsylvania, Salaried Employees, State and Local Government

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OSHA to Require Employers to Submit Injury and Illness Forms Online

The Occupational Safety and Health Administration (OSHA) has released a final rule to restore and expand Obama-era requirements for employers in dozens of designated industries that have worksites with at least 100 employees to…more

Corporate Counsel, Electronic Filing, OSHA, Recordkeeping Requirements, Reporting Requirements

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Seventh Circuit Orders Pension Fund to Return Withdrawal Liability to Employer

An employer can contest a withdrawal liability assessment and ultimately prevail. That is the moral of Bulk Transport Corp. v. Teamsters Union No. 142 Pension Fund, No. 23-1563 (7th Cir. Mar. 22, 2024). Withdrawal Liability…more

Arbitration, Collective Bargaining, Employee Retirement Income Security Act (ERISA), Employer Contributions, Multiemployer Pension Plan Amendments Act (MPPAA)

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Ohio Appeals Court Reinforces a Trial Court’s Ability to Modify Noncompete Agreements

In MetroHealth Sys. v. Khandelwal, 2022-Ohio-77, Ohio’s Eighth District Court of Appeals affirmed a trial court’s modification of a noncompete agreement between a hospital and a physician formerly employed by the hospital. Both…more

Appeals, Employment Contract, Hospitals, Non-Compete Agreements, Preliminary Injunctions

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California Proposition to Raise Minimum Wage Delayed

California voters almost had the opportunity to vote on an $18 minimum wage in November 2022. The State has a unique administrative process by which California citizens can propose laws and constitutional amendments without the…more

California, Minimum Wage, Private Attorneys General Act (PAGA), State Labor Laws, Wage and Hour

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Competition for Control of College-Athletes Enters New Playing Field

November 7, 2023, may become a monumental day in the history of the National Collegiate Athletic Association (NCAA). It is the first day of a potentially groundbreaking hearing. Region 21 of the National Labor Relations Board…more

College Athletes, Colleges, Compensation, Compensation & Benefits, Employees

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Michigan Supreme Court to Hear State’s Minimum Wage and Paid Sick Leave Laws Battle

In 2018, the Michigan legislature adopted, and then within the same legislative session amended, two voter-approved ballot initiatives, one to significantly raised Michigan’s minimum wage and the other to expand employer…more

Amended Legislation, MI Supreme Court, Minimum Wage, Paid Leave, Wage and Hour

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U.S. Supreme Court: First Amendment Entitled ‘Expressive’ Web Designer to Refuse Service to Same-Sex Couples

Colorado’s Anti-Discrimination Act (CADA) constituted an impermissible infringement on its citizens’ First Amendment right to freedom of speech, as the Act could compel individuals and businesses to engage in speech with which…more

303 Creative LLC v Elenis, Anti-Discrimination Policies, Anti-Harassment Policies, First Amendment, Infringement

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Minnesota to Ban Non-Compete Agreements Other Than Related to Sale, Dissolution of Business

Minnesota is close to enacting a near-total bar on the use of covenants not to compete. The Minnesota Legislature released a Conference Committee Report on the bill (MN SF 3035), which reflects the bill’s likely final form, on…more

Employment Contract, Independent Contractors, Non-Compete Agreements, Non-Disclosure Agreement, Non-Solicitation Agreements

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California Revives Industrial Wage Commission

On July 10, 2023, Governor Newsom signed Assembly Bill (AB) 102 which will amend the Budget Act of 2023. The bill will take effect immediately as a Budget Bill. While appropriations bills such as AB 102 are generally not of…more

Amended Regulation, Governor Newsom, IWC, State Labor Laws, Wage Orders

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Seventh Circuit Orders Pension Fund to Return Withdrawal Liability to Employer

An employer can contest a withdrawal liability assessment and ultimately prevail. That is the moral of Bulk Transport Corp. v. Teamsters Union No. 142 Pension Fund, No. 23-1563 (7th Cir. Mar. 22, 2024). Withdrawal Liability…more

Arbitration, Collective Bargaining, Employee Retirement Income Security Act (ERISA), Employer Contributions, Multiemployer Pension Plan Amendments Act (MPPAA)

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Ninth Circuit Upholds Arbitration For Non-Signatory Defendant

California law is not typically seen as amiable to compelling employees to arbitrate their claims. However, in Franklin v. Community Regional Medical Center, ___ F.3d___(9th Cir. 2021), the Ninth Circuit panel upheld a motion to…more

Arbitration, Arbitration Agreements, California, Collective Actions, Contract Terms

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2022: The Year Ahead for Employers

In 2021, the workforce continued adapting to an evolving global pandemic, increasingly consequential social movements and a dramatic shift in employment policy ushered in by a change of leadership at the federal level. …more

Affordable Care Act, Americans with Disabilities Act (ADA), Class Action, Construction Workers, Coronavirus/COVID-19

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How New I-9 Rule and Alternative Inspection Procedure Can Help Manufacturers

Proper completion of the Employment Eligibility Verification Form I-9 is one of the most important responsibilities of employers, including manufacturers, at the beginning of the hiring process. Saying it learned from the…more

Coronavirus/COVID-19, Department of Homeland Security (DHS), E-Verify, Employer Liability Issues, Employment Eligibility Verification

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Citing Legal Challenges, Labor Board Extends Effective Date of Joint-Employer Rule

The National Labor Relations Board has announced that the effective date of its new “joint employer” final rule is postponed by two months. The announcement coincides with several legal challenges to the rule, previously…more

Corporate Counsel, Joint Employers, NLRB, Postponement, Time Extensions

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Pennsylvania’s New Requirements for Tipped and Salaried Employees: Common Questions

The Pennsylvania Department of Labor and Industry has implemented new regulations under the Pennsylvania Minimum Wage Act (PMWA) that go into effect on August 5, 2022. The regulations make a number of important changes for…more

Fair Labor Standards Act (FLSA), Minimum Wage, Pennsylvania, Salaried Employees, State and Local Government

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The City of San Diego Releases Guidance on Compliance with State and Local Paid Sick Leave

On January 1, 2024, California’s Senate Bill (SB) 616 takes effect, increasing the amount of paid sick leave employers are required to provide to California employees. In the new year, employers will be required to provide 40…more

Local Ordinance, OLSE, Paid Leave, San Diego, Sick Leave

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USCIS Clarifies L-1 Intracompany Transfer Petitions and Sole Proprietorships, Blanket L Petitions

USCIS has issued new policy guidance on L-1 intracompany transfer petitions addressing sole proprietorships and Blanket L petitions. There are two highlights: USCIS has clarified that sole proprietorships cannot file L…more

Department of Homeland Security (DHS), H-1B, Immigration Procedures, Intracompany Transferees, L-1 Visas

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New Illinois Law Allows Prejudgment Interest On Damages In Certain Lawsuits

An amendment to the Illinois Code of Civil Procedure provides that for all actions brought to recover damages for personal injury or wrongful death, prejudgment interest of six percent will begin to accrue on the date the action…more

Civil Code, Damages, Federal Rules of Civil Procedure, Governor Pritzker, Illinois

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Transgender Discrimination Claims Continue to Evolve; Employers’ Should Take Note.

On October 23, 2021, the Northern District of Illinois partially denied a motion to dismiss a transgender female police officer’s lawsuit, filed under federal civil rights law 42 U.S.C. § 1983 and 740 ILCS 23/5(a) of the…more

Civil Rights Act, Gender Discrimination, Harassment, Sex Discrimination, Sexual Orientation Discrimination

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Plan Terms and Tax Rules: What Does “Retire” Mean To Qualify for Retirement Benefits?

In Metzgar v. U.A. Plumbers & Steamfitters Local No. 22 Pension Fund, 2022 U.S. App. LEXIS 5466 (2d Cir. Mar. 2, 2022), the Second Circuit in a summary order affirmed the district court’s decision granting summary judgment in…more

Corporate Counsel, Employee Benefits, Employee Retirement Income Security Act (ERISA), Multi-Employer Pensions, Pensions

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Virginia Renews Work Share Program To Support Virginia Employers, Employees

Prior to the passage of SB 548, Virginia was one of 25 states without an active work-sharing program. On April 22, 2020, Governor Ralph Northam enacted a new work-sharing program, which will permit employers to reduce employees’…more

CARES Act, Coronavirus/COVID-19, Department of Labor (DOL), Employment Litigation, Governor Northam

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California Legislature Proposes Bill Giving Employees the Right to “Disconnect” from Work

California’s pro-employee employment regulations are often compared to those of the European Union. Recently, the California legislature borrowed another European idea for a proposed bill, “the right to disconnect from work.”…more

California, EU, Labor Commissioners, Proposed Legislation, State Labor Laws

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USCIS Issues Employment Authorization Procedures for Palestinians on Deferred Enforced Departure

On April 12, 2024, USCIS issued a Federal Register notice establishing procedures for Palestinians eligible for Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) valid through Aug. 13,…more

Customs and Border Protection, Departure Orders, Employment Authorization Documents (EAD), Joe Biden, USCIS

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The City of Berkeley Passed a Fair Work Week Ordinance

On December 13, 2022, the City of Berkeley passed the Fair Workweek Employment Standards Ordinance on the second reading. The ordinance will take effect in January 2023; however, it will not become operative until 2024 according…more

California, Fair Workweek, Hospitality Industry, State Labor Laws, Wage and Hour

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Labor Board: Employee Protected Concerted Activity Determined by Totality of the Circumstances

The National Labor Relations Board has returned to the “totality of the circumstances” test for determining when individual employee action constitutes protected concerted activity. Miller Plastic Products, Inc., 372 NLRB No…more

Coronavirus/COVID-19, Labor Disputes, Labor Relations, NLRA, NLRB

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NLRB General Counsel Memo on Electronic Monitoring of Employees

Responding in part to the nature of the post-COVID-19 remote workplace, NLRB GC Jennifer Abruzzo has released a memo on employers’ use of electronic monitoring and automated management in the workplace…more

Coronavirus/COVID-19, Employee Monitoring, Equal Employment Opportunity Commission (EEOC), NLRA, NLRB

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Third Circuit Affirms Dismissal Of Employee Who Advocated Violence In A Social Media Post

In a recent employee termination case, the Third Circuit Court of Appeals recently upheld the dismissal of race discrimination claims by a bank employee who was terminated due to a social media post. Plaintiff, a Caucasian…more

Electronically Stored Information, Hiring & Firing, NLRB, Race Discrimination, Social Media

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Amendment to Florida Civil Rights Act Restricts Concepts Employers Can Discuss in Training

Governor Ron DeSantis has signed HB 7, nicknamed the “Stop W.O.K.E. Act,” which stands for “Stop the Wrongs to Our Kids and Employees.” The new law’s stated purpose is to protect individual freedoms and prevent discrimination in…more

Civil Rights Act, Discrimination, Diversity, Employee Training, Governor DeSantis

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U.S. Supreme Court Hears Oral Argument on Where Businesses Can Be Sued

The constitutionality of Pennsylvania’s “registration statute,” which requires corporations that register to do business in Pennsylvania consent to the “general personal jurisdiction” of Pennsylvania, was the subject of oral…more

Corporate Counsel, Multistate Employers, Oral Argument, PA Supreme Court, Pennsylvania

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California Passes Legislation Regarding Job Performance Quotas For Large Warehouse Facilities

On September 22, 2021, California’s Governor signed Assembly Bill 701 (AB 701) which regulates the use of quotas at warehouse distribution centers in California. The new law applies to large employers who meet industry…more

Corporate Counsel, Governor Newsom, Labor Code, Performance Standards, Quotas

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New York State Department Of Labor Issues Revised Proposed ‘Predictive Scheduling’ Regulations

The New York State Department of Labor (NYSDOL) has issued sweeping proposed regulations addressing worker scheduling practices that will affect most employers in the state (though employers covered by the Hospitality Wage Order…more

Department of Labor (DOL), Employer Liability Issues, State and Local Government, State Labor Laws, Wage and Hour

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Bob Robertson of Jackson Lewis on the dimensions of client service and the role of marketing - Passle's CMO Series Podcast

Client feedback programs are nothing new to law firms. But there are a number of other ways that the CMO and marketing teams can contribute to enhancing the client service experience. In this week’s episode of the CMO Series,…more

Business Development, Career Development, Client Retention, Client Services, Marketing Perspectives

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Fast Food Council Redux

On September 28, 2023 , Governor Newsom signed Assembly Bill (AB) 1228, completing the agreement reached between business and labor in early September regarding the FAST Recovery Act. On September 11, 2023, the coalition of…more

California, Employees, Fast-Food Industry, Governor Newsom, Minimum Wage

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Class Action Trends Report Winter 2021

Last year presented many challenges, and 2021 offers a fresh start. In this issue of the Class Actions Trends Report we review the most significant developments of 2020 and take a look forward to what a new year and a new…more

401k, Americans with Disabilities Act (ADA), Arbitration, Biden Administration, Biometric Information Privacy Act

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How Puerto Rico’s New Minimum Wage Changes Impact the Retail Industry

When the Puerto Rico Minimum Wage Act, Act No. 47-2021, went into effect, in addition to the three hourly rate increases set out in the law, a new Minimum Wage Review Board appointed by the governor was to periodically review…more

Low-Wage Workers, Minimum Wage, Non-Exempt Employees, Puerto Rico, Restaurant Industry

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[Event] 2022 Government Contractor Employment Law Symposium - November 17th, Tysons, VA

Join a multi-disciplinary team of Jackson Lewis attorneys, along with guest speakers from the government contracting firm Smith Pachter, for a full-day of presentations, interactive discussions and practical solutions addressing…more

Americans with Disabilities Act (ADA), Best Practices, Bid Proposals, Biden Administration, Continuing Legal Education

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New York Issues Guidance, Proposes Regulations on Newly Effective Pay Transparency Requirements

Pay transparency obligations are in effect in New York State, and the state Department of Labor has issued employer guidance and proposed regulations. As of September 17, 2023, covered employers must include in any…more

Hiring & Firing, Job Ads, Job Applicants, Job Promotions, New York

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EEOC Issues Final Regulations to Implement the Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC) has issued final regulations and Interpretative Guidance to implement the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023. The PWFA requires…more

Equal Employment Opportunity Commission (EEOC), Final Rules, Pregnant Workers Fairness Act, Public Comment, Reasonable Accommodation

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Michigan Supreme Court to Hear State’s Minimum Wage and Paid Sick Leave Laws Battle

In 2018, the Michigan legislature adopted, and then within the same legislative session amended, two voter-approved ballot initiatives, one to significantly raised Michigan’s minimum wage and the other to expand employer…more

Amended Legislation, MI Supreme Court, Minimum Wage, Paid Leave, Wage and Hour

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Chicago City Council Passes Measure to Eliminate the Tip Credit

The Chicago City Council voted on October 6, 2023, to eliminate the subminimum wage for tipped employees working within Chicago by July 1, 2028. The “One Fair Wage” ordinance will gradually phase out the subminimum wage, also…more

City Councils, City of Chicago, Local Ordinance, Minimum Wage, Restaurant Industry

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[Event] 2022 Government Contractor Employment Law Symposium - November 17th, Tysons, VA

Join a multi-disciplinary team of Jackson Lewis attorneys, along with guest speakers from the government contracting firm Smith Pachter, for a full-day of presentations, interactive discussions and practical solutions addressing…more

Americans with Disabilities Act (ADA), Best Practices, Bid Proposals, Biden Administration, Continuing Legal Education

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Class Action Trends Report Spring 2021

In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys discuss how employers can undertake Diversity, Equity and Inclusion (DEI) initiatives without risking class action discrimination suits; wage and…more

Business Expenses, Class Action, Compensation, Coronavirus/COVID-19, Corporate Counsel

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U.S. Drug Enforcement Administration Recommends Rescheduling Marijuana To Schedule III, Similar to Tylenol With Codeine

The U.S. Drug Enforcement Administration will recommend that marijuana should be rescheduled from a Schedule I drug to a Schedule III drug, according to an announcement made April 30, 2024 by the U.S. Department of Justice. …more

Americans with Disabilities Act (ADA), Cannabidiol (CBD) oil, Controlled Substances Act, DEA, Decriminalization of Marijuana

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Wrap Up of California’s 2022 Legislative Session – What Employers Need to Know

California’s 2022 legislative session ended with numerous bills affecting employers and employment practices and procedures in the Golden State. Governor Gavin Newsom signed more than 30 of those bills into law, including bills…more

California, Corporate Counsel, Disability Insurance, Fast-Food Industry, Franchises

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Court Denies Request to Enjoin Oregon Vaccination Requirements for Healthcare, School, Other Workers

The plaintiffs were not likely to succeed in showing their individual interests in remaining unvaccinated outweighed Oregon’s interest in public health and welfare to slow the spread of COVID-19, U.S. District Court Judge…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Mandates, Governor Brown, Health Care Providers

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Manufacturers and Labor Board’s Decision Limiting Employers’ Response to Abusive Workplace Conduct

The National Labor Relations Board has narrowed the rights of employers to discipline employees who, while engaged in protected concerted activity under the National Labor Relations Act, engaged in abusive conduct. Lion…more

Abusive Acts, Employee Misconduct, Employer Liability Issues, Manufacturers, NLRA

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Arizona Expands Employment Discrimination Laws To Prohibit Pregnancy Discrimination

Arizona Governor Doug Ducey signed into law a bill that prohibits employers from discriminating against workers based on pregnancy or childbirth. Amending the Arizona Civil Rights Act, the bill (House Bill 2045) defines…more

Arizona, Civil Rights Act, Employment Discrimination, Pregnancy Discrimination

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Updates to Required California Pamphlets for New Hires

The State of California recently updated two pamphlets that must be provided to new hires. The California Department of Industrial Relations Division of Workers Compensation updated its “Time of Hire” Pamphlet. Employers must…more

California, EDD, Hiring & Firing, Notification Requirements, State Labor Laws

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Evanston, Illinois, Fair Workweek Law Imposes Predictive Scheduling Obligation on Employers

Evanston, Illinois, has adopted an ordinance requiring certain employers in designated industries to give workers a 14-day notice of schedule changes and compensate them with “predictability pay” if any changes occur less than…more

Fair Workweek, Hospitality Industry, Illinois, Restaurant Industry, Retailers

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New Reporting Requirements for South Carolina Employers

Starting in the first quarter of 2024, employers must report Standard Occupational Code (SOC) information for their employees in the quarterly wage file reports due by April 30, 2024. In May 2023, Governor Henry McMaster…more

Governor McMaster, Quarterly Report, Reporting Requirements, State Labor Laws

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Getting Local: City of Los Angeles Local Laws

The City of Los Angeles, like many other major cities in the state of California, has several local employment law ordinances in effect. Employers should also be aware that the County of Los Angeles has some separate local…more

City of Los Angeles, Fair Chance Act, Hospitality Industry, Local Ordinance, Minimum Wage

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Fourth Circuit Provides Guidance On How To Count Affected Employees Under WARN Act

A federal contractor that could not secure extended financing and suddenly laid off its workers when it could not make payroll was not a covered “employer” under the Worker Adjustment and Retraining Notification Act (WARN Act),…more

Business Closures, Corporate Counsel, Federal Contractors, Financing, Layoffs

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Pressures On U.S. Manufacturers With Mexico Operations, Supply Chains To Comply With New Labor Laws

U.S. manufacturers that maintain operations or supply chains in Mexico will continue to face challenges as Mexico accelerates implementation of its new labor law and the United States increases pressure on Mexico for faster…more

AFL-CIO, Biden Administration, Labor Reform, Secretary of Labor, Supply Chain

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Colorado Equal Pay Transparency Law Update: Additional Guidance (INFO #9A) Released

Colorado’s revised Equal Pay Transparency Rules go into effect on January 1, 2024. The Colorado Department of Labor and Employment (CDLE) has released additional guidance following release of its final rules for implementation…more

Career Development, Colorado, Compensation & Benefits, Disclosure Requirements, Equal Pay

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USCIS Issues Additional Guidance in Evaluation of O-1B (Extraordinary Ability) Nonimmigrant Visa Petitions

USCIS shared updated guidance on how it will evaluate evidence for petitions seeking O-1B classification as individuals of Extraordinary Ability in the Arts or in the Motion Picture and Television Industry (MPTV)…more

Corporate Counsel, Foreign Nationals, Immigration Procedures, Non-Immigrant Visas, USCIS

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South Carolina Governor Authorizes Use Of COVID-19 Support Payments By Employers To Employees

South Carolina Governor Henry McMaster has issued Executive Order No. 2020-22, which allows employers to make voluntary “COVID-19 Support Payments” to employees who are placed on furlough because of the COVID-19 pandemic without…more

Coronavirus/COVID-19, Economic Injury Disaster Loans, Financial Stimulus, Relief Measures, Small Business

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U.S. Supreme Court: Alleging Discriminatory Transfer Is Sufficient Harm to Bring Title VII Claim

An employee challenging a job transfer under Title VII of the Civil Rights Act must show the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Discrimination

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Best Practices for Manufacturers Managing Employee Medical Inquiries Under the ADA

For the manufacturing industry, managing employee injury and illness presents unique challenges. Manufacturing work often involves physically taxing or potentially dangerous activities. Use of heavy tools or machinery,…more

Americans with Disabilities Act (ADA), Manufacturers, Medical Examinations, Reasonable Accommodation, Wage and Hour

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Labor Commissioner’s FAQ on Fast Food Minimum Wage

On April 1, 2024, the new fast-food minimum wage took effect. At the end of March, California’s Labor Commissioner issued an FAQ regarding the new minimum wage. It includes the following sections: •Overview of the Minimum Wage…more

California, Fast-Food Industry, Food Service Workers, Labor Commissioners, Minimum Wage

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California Supreme Court Upholds Good Faith Belief Defense for Certain Wage Statement Penalties

For the second time, the California Supreme Court issued a ruling in Naranjo v. Spectrum Security Systems in May. In May 2022, the California Supreme Court issued its first decision in Naranjo v. Spectrum Security Systems, which…more

CA Supreme Court, Class Action, Employer Liability Issues, Employment Litigation, Labor Law Violations

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Oregon Bans Home Buyers’ ‘Love Letters’ To Sellers

As a potential harbinger of the future, Oregon has become the first state in the nation to ban real estate “love letters.” The new law goes into effect January 1, 2022. The State of Oregon passed a law (HB 2550), and it…more

Discrimination, Fair Housing Act (FHA), Governor Brown, Oregon, Real Estate Market

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California Prohibits Retaliation Against Employees for Refusal to Report to Work During Emergency Conditions

On September 29,2022, California’s Governor Gavin Newsom signed Senate Bill (SB) 1044, which prohibits an employer in the event of an emergency condition from taking or threatening adverse action against any employee for…more

California, Employees, Employer Liability Issues, Natural Disasters, New Legislation

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[Event] 2022 Government Contractor Employment Law Symposium - November 17th, Tysons, VA

Join a multi-disciplinary team of Jackson Lewis attorneys, along with guest speakers from the government contracting firm Smith Pachter, for a full-day of presentations, interactive discussions and practical solutions addressing…more

Americans with Disabilities Act (ADA), Best Practices, Bid Proposals, Biden Administration, Continuing Legal Education

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NLRB’s New Joint-Employer Rule: What It Means for Retailers and Other User Employers

The National Labor Relations Board’s new Final Rule for determining joint-employer status under the National Labor Relations Act expands the current standard by allowing the Board to find joint-employer status if an entity…more

Compensation & Benefits, Contractors, Employment Contract, Franchises, Job Duties

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Labor Board Expands an Employer’s Duty to Bargain During Contract Negotiations

Overruling crucial aspects of precedent, the National Labor Relations Board has expanded an employer’s duty to bargain with employees under the National Labor Relations Act following the expiration of a labor contract and during…more

Collective Bargaining, Employer Liability Issues, Labor Regulations, Labor Relations, NLRA

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D.C. Mayor’s Signature Puts Modified Non-Compete Ban on Track for October 1st Effective Date

The District of Columbia City Council has finalized amendments to implement the D.C. Ban on Non-Compete Agreements Amendment Act of 2020 effective October 1, 2022, and Mayor Muriel Bowser has signed D.C. Bill 24-256…more

Employer Liability Issues, Highly Compensated Employees, Non-Compete Agreements, Restrictive Covenants, Trade Secrets

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Ambiguous Offer Of Judgment Cannot Support Attorney’s Fees Award, Georgia Court Of Appeals Holds

An unaccepted offer of judgment that contains internal inconsistencies and ambiguities as to its scope is neither enforceable nor supports an award of attorney’s fees under Georgia’s Rule 68. Reversing a trial court’s $837,445…more

Ambiguous, Appellate Courts, Attorney's Fees, Breach of Duty, Business Partners

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Miami Minimum Wage Ordinance Remains Invalid After Review Denied By Florida Supreme Court

A 2016 Miami ordinance, intended to increase the City’s minimum wage to more than $13.00 an hour by 2021, remains invalid after the state’s highest court denied review of a lower appellate court decision. In 2003, the Florida…more

Employer Liability Issues, Local Ordinance, Minimum Wage, Wage and Hour

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Maine Limits Employers From Requesting Criminal History Of Applicants Pre-Offer

Maine’s new “An Act Relating to Fair Chance in Employment” prohibits employers from requesting an applicant’s criminal history on their initial employment applications. An employer may ask about an applicant’s criminal history…more

Criminal Background Checks, Department of Labor (DOL), Fair Chance Act, Governor Mills, Hiring & Firing

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Top Five Labor Law Developments for May 2022

1. The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to expanding…more

Collective Bargaining, Corporate Counsel, Decertification, Employee Rights, Employer Liability Issues

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Maryland Expands Face Covering Requirement, Unemployment Benefits, Issues Travel Advisory

Maryland Governor Larry Hogan has issued a new Executive Order (EO) requiring all people older than five to wear face coverings in indoor public spaces and outdoors where social distancing is not possible. Additionally, the…more

Governor Hogan, Personal Protective Equipment, State and Local Government, Travelers, Unemployment Benefits

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Goldman Sachs Successful in Getting 401(k) Fee Class Action Dismissed

A New York district court recently summarily dismissed, with prejudice, a 401(k) plan participant’s putative class action complaint alleging breaches of fiduciary duty. Falberg v. Goldman Sachs Grp., Inc., No. 19-cv-9910, 2022…more

401k, Breach of Duty, Class Action, Dismissal With Prejudice, Employee Retirement Income Security Act (ERISA)

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Preventing Retaliation Claims During And After An Internal Investigation

When an employee reports a concern regarding fraudulent or illegal behavior, an employer’s immediate response is likely to open an investigation, stop any wrongdoing, and take appropriate corrective action. In the race to manage…more

Anti-Retaliation Provisions, Internal Investigations, Retaliation, Sarbanes-Oxley, Whistleblowers

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Indiana Bans Physician Non-Competes for Primary Care Physicians, Adds Restrictions for Others

Just three years after passing a statute significantly restricting the enforceability of physician non-compete agreements, Indiana’s legislature has passed an amendment, Senate Enrolled Act No. 7. Senate Enrolled Act No. 7 would…more

Governor Holcomb, Health Care Providers, IN Supreme Court, Non-Compete Agreements, Physicians

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Tiered Pay Structures and Manufacturing Industry

The current auto industry labor negotiations have sparked a lively debate about the efficacy of adopting or maintaining a tiered pay structure for a manufacturing workforce. While some may argue that these structures are a relic…more

Economic Downturn, Manufacturers, New Hires, Pay Rates, Tenure

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Trade Associations Urge Illinois High Court to Reconsider BIPA Decision in Cothron

The Illinois Supreme Court’s decision that a separate claim under Illinois’ Biometric Information Privacy Act (BIPA) accrues each time an entity scans or transmits an individual’s biometric identifier or biometric information…more

Biometric Information, Biometric Information Privacy Act, Class Action, IL Supreme Court, Trade Associations

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Lessons for Construction Industry in Labor Board’s New Test to Classify Independent Contractors

The National Labor Relations Board (NLRB) has made finding independent contractor status harder under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95 (2023). This decision may significantly affect…more

Back Wages, Construction Industry, Employee Benefits, Independent Contractors, Misclassification

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California Wage Orders, What Are They & Why Employers Should Care

The California Industrial Welfare Commission has 17 wage orders that apply to different employers based on their industry or occupation. Although other than minimum wage, these wage orders have not been updated since 2001, they…more

California, Exemptions, Minimum Wage, Over-Time, Posting Requirements

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New Jersey Court Offers A Reminder That The Duty Of Loyalty Is Thicker Than Ink

Do employees in New Jersey owe a duty of loyalty to employers, even without a written employment agreement? Eliminating any possible doubt, the New Jersey Appellate Division answered, emphatically, yes…more

Breach of Duty, Duty of Loyalty, Non-Solicitation Agreements, Restrictive Covenants

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San Francisco Issues Implementation Guidance for Military Leave Pay Protection Act

On February 19, 2023, San Francisco’s Private Sector Military Leave Pay Protection Act took effect. The ordinance requires covered employers to provide supplemental pay to an employee while on leave for military duty for up to…more

Labor Standards Enforcement, Local Ordinance, Military Leave, Military Service Members, San Francisco

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Computer Software Employees and Physicians Overtime Exemption Rates for 2022

For an employee to be deemed exempt from overtime regulations under California law, the employee must fit into a category of work that is deemed exempt. The most common exemption is the administrative exemption, which includes…more

Administrative Exemption, Computer Software Workers, Exempt-Employees, Physicians

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Rhode Island Enacts New Protections Against Pay Discrimination

Rhode Island Governor Dan McKee has signed into law new protections against pay discrimination. The new law, which goes into effect January 1, 2023, makes it unlawful to pay any employee less than the employees of another race,…more

Corporate Counsel, Department of Labor (DOL), Employer Liability Issues, Pay Discrimination, Rhode Island

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Kentucky Passes Right-to-Work Law: FAQs on What This Means to Kentucky Employers and Their Employees

Kentucky has passed House Bill 1, the Kentucky Right to Work Act, making Kentucky the 27th state to adopt right-to-work legislation…more

Collective Bargaining, New Regulations, Prevailing Wages, Repeal, Right to Work

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New York State Budget Includes Enhanced Employer Obligations

The New York State enacted budget for fiscal year 2024 changes employers’ obligations by adding paid leave for prenatal care, converting unpaid break time for purposes of expressing breast milk into paid time, and incorporating…more

Coronavirus/COVID-19, Healthcare, Lactation Accommodation, New York, Paid Leave

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Class Action Trends Report Winter 2022

In this issue of the Class Action Trends Report, Jackson Lewis attorneys look back at class action developments in 2021, including COVID-19 vaccine mandate litigation, significant procedural decisions, wage and hour suits, and…more

Arbitration Agreements, Biometric Information, Biometric Information Privacy Act, Class Action, Coronavirus/COVID-19

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Amendment To Florida Rules Increases Likelihood Of Summary Judgment In State Court

The Florida Supreme Court recently amended Florida Rule of Civil Procedure 1.510 (Summary Judgment), adopting the less restrictive federal summary judgment standard as articulated by the United States Supreme Court in Celotex…more

Evidence, Federal Rules of Civil Procedure, FL Supreme Court, Litigation Strategies, Summary Judgment

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Understanding Compliance with California’s Sexual Harassment Prevention Training Requirements

Employers should have a comprehensive plan regarding sexual harassment prevention in the workplace, which includes training for all employees. Under current California law, employers with five or more employees are required to…more

California, DFEH, Discrimination, Employee Training, FEHA

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U.S. Supreme Court Will Finally Weigh In On Scope Of Computer Fraud And Abuse Act

The U.S. Supreme Court has agreed to decide whether it is a violation of the Computer Fraud and Abuse Act (CFAA) when an individual who is authorized to access information on a computer accesses the same information for an…more

Computer Fraud and Abuse Act (CFAA), SCOTUS, Unauthorized Access, Van Buren v United States

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Connecticut High Court To Decide If Women-Only Workout Area Violates State Anti-Discrimination Law

On May 7, 2021, the Connecticut Supreme Court will hear oral argument in the case of Commission on Human Rights & Opportunities (CHRO) v. Edge Fitness, LLC, et al., SC 20538 (Conn.). The case presents an issue of first…more

American Civil Liberties Union (ACLU), CT Supreme Court, Discrimination, Human Rights, Public Accommodation

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Launch of European Travel Information and Authorization System (ETIAS) Delayed Again

The launch date of the European Travel Information and Authorization System (ETIAS) has been delayed to 2024, as reflected on the official ETIAS website. The date of entry into operation of ETIAS is not yet known, but it is…more

Border Security, ESTA, EU, European Commission, Registration Requirement

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Strategies for Investigating Misconduct Against Superstars, C-Suite Employees in Retail Industry

In the retail industry, when superstars, C-suite employees, and other high-achieving individuals are accused of misconduct, the company has a significant management challenge to address the situation in an unemotional,…more

Attorney-Client Privilege, C-Suite Executives, Confidential Information, Disclosure Requirements, Documentation

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Getting Local: City of Santa Monica Local Ordinances

Like its neighbor City of Los Angeles, Santa Monica has local employment ordinances. However, as a popular tourist destination, Santa Monica has several ordinances pertaining to the hospitality industry that employers should…more

Employment Policies, Hospitality Industry, Local Ordinance, Minimum Wage, Paid Sick Leave

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Training Repayment Agreements Remain Under Federal Scrutiny

Training repayment agreements (TRA) are a tool for retaining employees after they received employer-paid training. Generally, a TRA requires an employee to repay an employer for the costs of training if the employee leaves…more

Consumer Financial Protection Bureau (CFPB), Continuing Education, Debt, Employee Training, Employment Contract

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 State of California Certifies State Minimum Wage for 2024  

Under the Labor Code, each year the State of California must determine and certify whether an adjustment for inflation is applied to the state’s minimum wage. In 2022, when the rate of inflation exceeded 7 percent, the state…more

California, Minimum Wage, State Labor Laws, Wage and Hour, Wages

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District Court Strikes Portions of Inglewood’s Healthcare Worker Minimum Wage Ordinance

In 2022, the City of Inglewood passed a healthcare worker minimum wage ordinance. The new $25.00 minimum wage applies to private-sector healthcare employees who work in hospitals, integrated health systems, and dialysis clinics…more

California, Healthcare Workers, Hospitals, Minimum Wage, State Labor Laws

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How Little May An Employee Allege For Retaliation Protection?

The question of when a worker has raised concerns about discrimination sufficient to gain retaliation protection has not been answered consistently and clearly by courts. A case in Texas may provide clarification..…more

Age Discrimination, Attorney's Fees, EEO, Employer Liability Issues, Gender Discrimination

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Guidance for Classification of Construction Workers Provided by New Jersey Supreme Court

In a case involving a drywall installation business, the New Jersey Supreme Court has provided helpful tips for employers to properly classify construction workers as independent contractors or employees and to accurately assess…more

1099s, ABC Test, Construction Workers, Department of Labor (DOL), Employer Contributions

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The American Privacy Rights Act?

In what is being called the American Privacy Rights Act (Act), some are suggesting this could be the one! For many years, Congress has been unable to come together to craft a national privacy law. There have been several snags,…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Privacy, Data Protection, Proposed Legislation

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Preliminary Injunction Against Florida’s Individual Freedom (or Stop W.O.K.E.) Act Upheld

A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit has upheld a preliminary injunction blocking enforcement of Florida’s Individual Freedom Act. Honeyfund.Com Inc, et al. v. Governor, State of…more

Abuse of Discretion, Anti-Discrimination Policies, Diversity and Inclusion Standards (D&I), Employee Training, Florida

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9th Circuit Holds California Paid Sick Leave Does Not Apply to Rail Workers

California’s Healthy Workplace, Healthy Family Act (the Act) requiring most employers to provide paid sick leave for covered employees went into effect in 2015. However, in 2017 and 2021, two separate California federal district…more

Healthy Workplaces Healthy Families Act 2014, Paid Leave, Preemption, Railroad Unemployment Insurance Act (RUIA), Railroads

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Impact of Labor Board’s New Joint-Employer Rule on Healthcare Industry

The National Labor Relations Board’s Final Rule for determining joint-employer status under the National Labor Relations Act raises serious concerns among healthcare employers who often use staffing agencies and other…more

Browning-Ferris Industries of California Inc., Compensation & Benefits, Healthcare Workers, Job Duties, Joint Employers

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Nevada: New Laws Imposing New Requirements On Employers

At the conclusion of the Nevada Legislature’s 81st Session, Nevada Governor Steve Sisolak signed several bills into law affecting every point of the employer-employee relationship, from application to termination. Changes…more

Employer Liability Issues, Governor Sisolak, Hiring & Firing, Private Right of Action, Race Discrimination

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Illinois Lawmakers Put Right Of Workers To Unionize, Engage In Collective Bargaining On 2022 Ballot

If passed by voters in November 2022, an amendment to the Illinois Constitution would preclude the State of Illinois and any local governmental entity from passing a “right-to-work” law, establishing a fundamental right of…more

Collective Bargaining, Illinois, Proposed Amendments, Right to Work, Unions

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Columbus, OH, Salary History Ban Goes Into Effect March 1, 2024

Starting March 1, 2024, the City of Columbus ordinance banning inquiries into an applicant’s salary history goes into effect. This ordinance applies to all employers with 15 or more employees within Columbus. Employers that…more

Employer Liability Issues, Hiring & Firing, Job Applicants, Salary/Wage History, Wage and Hour

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Department of Justice Warns Governor that North Carolina LGBT Law is Unlawful

North Carolina’s law restricting access to restrooms based on an individual’s sex assigned at birth and not based on an individual’s consistent gender identity violates both Title VII of the Civil Rights Act and Title IX of the…more

Department of Justice (DOJ), Governor McCrory, Restroom Legislation, Title IX, Title VII

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New California Law Makes Non-Compete Agreements Unlawful, Not Just Void

California’s Governor signed Assembly Bill (AB) 1076 on October 13, 2023, which adds new Business & Professions Code §16600.1, making it unlawful to impose non-compete clauses on employees – which contractual restrictions…more

California, New Legislation, Non-Compete Agreements, Restrictive Covenants, State Labor Laws

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Passport Renewals Experiencing Increased Delays

U.S. passport renewals are taking longer. Applying for renewals well in advance of travel abroad may be particularly important if you also need a visa in the new passport. Moreover, many countries require that your passport…more

Coronavirus/COVID-19, Delays, Passports, Travelers, Visas

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Fair Housing Training: Key Real Estate Industry Compliance Tool to Raise Awareness, Enhance Communication

Property management, real estate brokerages, agents, their employees, and others involved in the real estate industry should consider implementing comprehensive fair housing training programs on a regular and consistent basis to…more

Anti-Discrimination Policies, Department of Justice (DOJ), Employee Training, Fair Housing Act (FHA), Housing Discrimination

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Department of Education Releases Final Rule Amending Title IX Regulations

The U.S. Department of Education has released its final amendments of the regulations to Title IX of the Education Amendments of 1972 regarding how educational institutions must handle allegations of sexual discrimination and…more

Amended Regulation, Department of Education, Educational Institutions, Grievance Process, Sex Discrimination

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What Real Estate Businesses Need to Know About Using Website Tracking Technologies

Real estate businesses frequently operate multiple websites. These may include corporate websites, websites for each of their properties, and websites for their apps and ancillary service offerings. To maximize the convenience…more

Advertising, California Consumer Privacy Act (CCPA), Consent, Department of Health and Human Services (HHS), Federal Trade Commission (FTC)

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Reports Confirm Need for Employers to Foster Inclusive Work Environment for Black, LGBTQIA+ Youth

Both The Trevor Project and the Human Rights Campaign have released reports detailing the challenges faced by Black LGBTQ+ youth in the United States and the importance of acceptance and support to ensure these young people are…more

Discrimination, LGBTQ, Non-Discrimination Rules, Race Discrimination, Wage and Hour

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Beyond Backpay: Labor Board Adds Extra Compensation to Employees in ‘Make-Whole’ Awards

In a 3-2 decision, the National Labor Relations Board (NLRB) has expanded its own authority to order consequential damages in all cases in which “make whole” relief is appropriate. Thryv, Inc., 372 NLRB No. 22 (Dec. 13, 2022)…more

Back Pay, Employer Liability Issues, Financial Harm, Layoffs, Make-Whole Premium

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The New Wave of Florida Telephone Solicitation Act Litigation

With advances in technology and business marketing come changes in the law and new litigation. Many businesses are familiar with the federal Telephone Consumer Protection Act (TCPA) but may be less familiar with Florida’s…more

Automated Systems, Class Action, Florida, Private Right of Action, Solicitation

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First Circuit Affirms Decision to Strike Down Amendments to Puerto Rico 2017 Employment Law Reform

The U.S. Court of Appeals for the First Circuit has affirmed a federal district court’s decision that declared null and void ab initio Puerto Rico Act 41-2022. Financial Oversight Board v. Hernandez Montañez et al., No. 23-1267…more

Employment Litigation, Probationary Period, Puerto Rico, Puerto Rico Oversight Management and Economic Stability Act (PROMESA), Wage and Hour

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New Jersey’s Expanded Mini-WARN Law to Take Effect April 2023

After a two-year delay, the amendment to the New Jersey Millville-Dallas Airmotive Plant Job Loss Notification Act, the state’s mini-WARN law, will take effect on April 10, 2023. The Act, as amended, expands the coverage of the…more

Back Pay, Compensation, Governor Murphy, Layoffs, New Amendments

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Is Your Board Cyber-Ready? Leadership Steps to Support Corporate Cybersecurity

The growing concern around cyberthreats for companies across the nation is reflected in the increasingly crowded legislative landscape that provides guidance to organizations, employers, employees, consumers, and investors. As…more

Cyber Attacks, Cyber Incident Reporting, Cyber Threats, Cybersecurity, Disclosure Requirements

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Texas Federal Judge Struck Down Labor Board’s New Joint-Employer Rule

A federal judge for the U.S. Eastern District of Texas vacated the National Labor Relations Board’s new joint-employer rule, finding the rule too expansive. U.S. Chamber of Commerce et al. v. NLRB et al., No. 6:23-cv-00553 (Mar…more

Arbitrary and Capricious, Browning-Ferris Industries of California Inc., Chamber of Commerce, Common Law Test, Joint Employers

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Eighth Circuit Holds Principal Did Not Breach Its Fiduciary Duty to 401(k) Plan Participants Despite Conflict of Interest

The U.S. Court of Appeals for the Eighth Circuit recently affirmed a District Court’s finding that Principal Life Insurance Company (“Principal”) did not breach its fiduciary duties regarding its stable value contract for 401(k)…more

401k, Breach of Duty, Duty of Loyalty, Fiduciary Duty, Fixed Income Investments

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Duluth, Minnesota Repeals Its Paid Leave Ordinance; Other City Ordinances Remain

Leave laws, regulations, and ordinances continue to change in Minnesota. The city of Duluth, Minnesota, repealed its Earned Sick and Safe Time (ESST) ordinance effective Jan. 17, 2024. The Duluth ESST had guaranteed paid leave…more

Earned Sick Time, Local Ordinance, Paid Leave, Repeal, State Labor Laws

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Litigation Against OPT, STEM OPT Programs Ends With U.S. Supreme Court Denial of Petition to Review

The U.S. Supreme Court has finally put an end to the litigation that has dogged STEM OPT for years. On October 2, 2023, the Court refused to hear the technology workers’ union’s challenge to the Obama-era program that allows…more

Denial of Certiorari, Foreign Nationals, Immigration Procedures, OPT, SCOTUS

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USCIS Clarifies Policy Guidance for International Students in F, M Status

The U.S. Citizenship and Immigration Services (USCIS) has changed its policy manual to make it easier to find and understand all the regulations regarding nonimmigrant students in F and M status. The new guidance consolidates…more

F-1 Visa, Foreign Students, M-1 Visa, Non-Immigrant Visas, PERM

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[Event] Remaining Union Free: Preparing Your Team in 2020 - March 25th - 26th, Austin, TX

We continue to see an uptick in union petition filing and the win rate for unions in certification elections continues to be historically high. Is your organization prepared? With the November presidential election months away,…more

Continuing Legal Education, Events, Union Elections, Union Organizers, Union Representatives

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Texas Federal Judge Struck Down Labor Board’s New Joint-Employer Rule

A federal judge for the U.S. Eastern District of Texas vacated the National Labor Relations Board’s new joint-employer rule, finding the rule too expansive. U.S. Chamber of Commerce et al. v. NLRB et al., No. 6:23-cv-00553 (Mar…more

Arbitrary and Capricious, Browning-Ferris Industries of California Inc., Chamber of Commerce, Common Law Test, Joint Employers

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‘Tester’ Needs Standing to Sue Under ADA, Jackson Lewis Says in Amicus Brief to U.S. Supreme Court

Self-appointed “testers” need to establish their legal right to sue under the Americans With Disabilities Act (ADA) by showing a concrete and particularized injury, Jackson Lewis attorneys wrote in an amicus brief submitted to…more

Accessibility Rules, Americans with Disabilities Act (ADA), Amicus Briefs, Hospitality Industry, Hotels

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Massachusetts to End COVID-19 Emergency Paid Sick Leave

The Massachusetts COVID-19 Emergency Paid Sick Leave Program will end on March 15, 2022, the state has announced. On February 28, 2022, the Executive Office for Administration and Finance sent official notice to employers…more

Coronavirus/COVID-19, Paid Leave, Reimbursements, Sick Leave, State Labor Laws

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New York City's Final Rules on Safe and Sick Time Become Effective

On September 15, 2023, the New York City Department of Consumer and Worker Protection (“DCWP”) issued a final rule (“Final Rule”) on the City’s Earned Safe and Sick Time Act (“ESSTA”). As summarized below, the Final Rule…more

Coronavirus/COVID-19, Earned Sick Time, New York, Paid Leave, Safe Leave

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Updated Rates for California EDD Benefits and San Francisco Paid Parental Leave Ordinance for 2024

The California Employment Development Department (EDD) has released the 2024 Voluntary Plan Employee Contribution and Benefit Rate. Employers with employees located in California are generally required to withhold and send…more

California, EDD, Employee Benefits, Employee Contributions, Paid Family Leave Law

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Motion Dismissed: At-Will Employee, Laid-Off During COVID-19 Shutdown, Cannot Recover Commissions

Relying on the parties’ written employment agreement and compensation plans, a California federal district court held that an at-will employee who was laid off due to COVID-19 could not recover commissions that were not fully…more

At-Will Employment, Breach of Contract, Coronavirus/COVID-19, Corporate Counsel, Covenant of Good Faith and Fair Dealing

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More Changes to Maryland Family and Medical Leave Insurance Program

Maryland Governor Wes Moore has signed a bill that further delays implementation of the Family and Medical Leave Insurance Program (also known as the Time to Care Act). In 2022, the Maryland General Assembly passed the Family…more

Employee Contributions, Employer Contributions, Maryland, Paid Family Leave Law, Paid Time Off (PTO)

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Pre-Employment Drug Testing Not Compensable Under California Law Holds Ninth Circuit

In a recent decision by the Ninth Circuit, the Court of Appeals upheld the district court ruling in favor of grocery chain WinCo Holdings, Inc., holding that plaintiffs who were not yet employees when they took drug tests were…more

Compensation, Conditional Offers, Corporate Counsel, Drug Testing, Employment Policies

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Delaware Supreme Court Upholds Forfeiture-for-Competition Provision in Limited Partnership Agreement

Stemming a tide of Delaware decisions closely scrutinizing and refusing to enforce non-compete agreements, Delaware’s Supreme Court held that forfeiture-for-competition provisions arising out of a Delaware limited partnership…more

Breach of Contract, Corporate Counsel, DE Supreme Court, Limited Partnership Agreements, Limited Partnerships

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How to Keep Physicians Happy Without Breaking Your Budget

Budgeting remains a critical issue as more hospitals and medical groups merge or become acquired in 2023. Budgeting questions commonly require a comprehensive review of physician compensation agreements…more

Budgets, Coding, Compensation, Healthcare, Hospitals

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Massachusetts Enacts CROWN Act, Prohibiting Discrimination Against Protective Hairstyles

Massachusetts Governor Charlie Baker has signed the Creating a Respectful and Open World for Natural Hair Act (CROWN Act) into law, making Massachusetts the 18th state to enact such a law…more

Anti-Discrimination Policies, Dress Codes, Governor Baker, Hairstyle Discrimination, New Legislation

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Ohio Governor Signs Employment Law Uniformity Act Into Law, Establishing Two-Year Limitations Period

Ohio Governor Mike DeWine has signed the Employment Law Uniformity Act into law. The Act will go into effect April 12, 2021, and applies to all future discrimination claims filed on or after that date. The new Act, which…more

Discrimination, Governor DeWine, New Legislation, Personal Liability, Statute of Limitations

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[Event] 2022 Government Contractor Employment Law Symposium - November 17th, Tysons, VA

Join a multi-disciplinary team of Jackson Lewis attorneys, along with guest speakers from the government contracting firm Smith Pachter, for a full-day of presentations, interactive discussions and practical solutions addressing…more

Americans with Disabilities Act (ADA), Best Practices, Bid Proposals, Biden Administration, Continuing Legal Education

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Connecticut Expands Permitted Uses of Paid Sick Leave for Service Workers

Connecticut Governor Ned Lamont has signed a new law that will expand the circumstances in which service workers in Connecticut can use state-mandated paid sick leave. The new law goes into effect October 1, 2023. Since its…more

Bureau of Labor Statistics, Caregivers, Connecticut, Mental Health, Paid Sick Leave

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Evanston, Illinois, Fair Workweek Law Imposes Predictive Scheduling Obligation on Employers

Evanston, Illinois, has adopted an ordinance requiring certain employers in designated industries to give workers a 14-day notice of schedule changes and compensate them with “predictability pay” if any changes occur less than…more

Fair Workweek, Hospitality Industry, Illinois, Restaurant Industry, Retailers

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Retail Industry: Mental Health, Other Benefits Trends

High-stress, demanding retail positions where constant customer demands are front and center can leave employees feeling overwhelmed and burnt out, resulting in lower productivity and higher turnover for employers…more

Department of Labor (DOL), Employee Assistance Programs, Mental Health, Mental Health Parity Rule, Retailers

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U.S. Supreme Court: Alleging Discriminatory Transfer Is Sufficient Harm to Bring Title VII Claim

An employee challenging a job transfer under Title VII of the Civil Rights Act must show the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Discrimination

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SDNY Denies Leave to Amend ERISA Complaint with “Substantively the Same Defects” as Dismissed Complaint

A New York federal court recently denied former hospital employees’ request for leave to file a Third Amended Complaint (“TAC”) after dismissing their Second Amended Complaint (“SAC”) for lack of standing and failure to state a…more

403(b) Plans, Amended Complaints, Class Action, Defined Contribution Plans, Employee Retirement Income Security Act (ERISA)

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Ads Related to Health Plan Fees Raise Questions on the Next Excessive Fee Suit Targets

Is a new wave of ERISA fiduciary litigation targeting group health plan sponsors on the horizon? There have already been a few examples of health plan fee cases, such as claims challenging the billing practice between insurers…more

Advertising, Consolidated Appropriations Act (CAA), Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Fiduciary Duty

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FTC Proposes Amendments to Hart-Scott-Rodino Disclosures, With Changes Focusing on Workplace Issues

The Federal Trade Commission (FTC), with “concurrence” of the assistant attorney general for the Antitrust Division of the U.S. Department of Justice (DOJ), has issued a Notice of Proposed Rulemaking (NPRM) proposing significant…more

Antitrust Provisions, Department of Justice (DOJ), Department of Labor (DOL), Federal Trade Commission (FTC), Hart-Scott-Rodino Act

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OSHA Enforcement Initiative Targets Warehouse, Home Center, Delivery Services, Supermarkets, Others

The Occupational Safety and Health Administration (OSHA) has launched a three-year national emphasis program permitting extensive inspections of warehousing and distribution center operations, mail/postal processing and…more

Audits, NAICS, NEP, OSHA, Policies and Procedures

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Infrastructure Investment and Jobs Act: Motor Carrier Safety Provisions’ Impact on Employers

The Motor Carrier Safety provisions in the $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) will impose new obligations on employers and require new studies that, in turn, could lead to additional legislation..…more

Apprenticeships, Commercial Truck Drivers, DMV, Employer Liability Issues, Infrastructure Investment and Jobs Act (IIJA)

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Labor Board General Counsel Announces ‘Vigorous Enforcement’ Of Protected Concerted Activity Charges

The National Labor Relations Board (NLRB) Acting General Counsel Peter Sung Ohr (AGC) has announced in a memorandum that his office will return to “vigorous enforcement” of employee rights under Section 7 rights of the National…more

Anti-Discrimination Policies, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Minimum Wage

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U.S. Supreme Court: Alleging Discriminatory Transfer Is Sufficient Harm to Bring Title VII Claim

An employee challenging a job transfer under Title VII of the Civil Rights Act must show the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Discrimination

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California’s Law Barring Mandatory Arbitration Agreements Permanently Enjoined

A federal district court has entered a permanent injunction barring the State of California from enforcing Assembly Bill (AB) 51, California’s law that purports to preclude employers from requiring arbitration agreements as a…more

Arbitration, Arbitration Agreements, California, Corporate Counsel, Federal Arbitration Act

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Predispute Employment Arbitration Agreements in Real Estate Industry After Enactment of New Limits

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 will have far-reaching implications for real estate employers that, like in many other industries, have relied on mandatory predispute arbitration…more

Arbitration Agreements, Class Action Arbitration Waivers, Joe Biden, Pre-Dispute Arbitration, Real Estate Companies

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Navigating Changes to a Job Post-PERM Certification Part 2

This is the second of the two-part series Navigating Changes to a Job Post-PERM Certification, which evaluates the impact a job change may have on an approved, certified PERM and during a foreign national’s green card process…more

Change of Ownership, Coronavirus/COVID-19, Department of Labor (DOL), FEIN, Foreign Workers

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Nevada Confirms Its Restrictive Covenant Law, But Rejects Blue Penciling

In the first decision to reach the Nevada Supreme Court on whether state district courts may modify or “blue pencil” non-competition agreements, the high court has concluded that doing so would violate Nevada law. Golden Road…more

Blue Pencil Contract Modification, Casinos, Corporate Counsel, Former Employee, Non-Compete Agreements

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Implications of Priority Date Retrogression for R-1 Religious Worker Visas

A change in calculating the availability of immigrant numbers means some foreign national ministers who are in the United States on temporary R-1 religious worker visas and waiting in lines for green cards will have to wait even…more

Department of Homeland Security (DHS), Foreign Nationals, Green Cards, Immigration Procedures, Nonprofits

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New York Department of Labor Approves Proposed Modified Wage Orders

The New York State Department of Labor has approved and made final its proposed regulations to align the state’s industry-specific regulatory wage requirements with the upcoming legislatively approved increases in the state…more

Minimum Wage, New York, NYDOL, Proposed Regulation, State Labor Laws

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What Manufacturers Sponsoring Pension Plans Should Know About Class Actions Challenging Plan Assumptions

An enduring wave of novel class actions challenging the actuarial assumptions used to calculate certain pension benefits has prompted many sponsors of defined benefit pension plans to evaluate their plan’s terms for calculation…more

Class Action, Employee Benefits, Employee Retirement Income Security Act (ERISA), Manufacturers, Pensions

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Labor Commissioner’s FAQ on Fast Food Minimum Wage

On April 1, 2024, the new fast-food minimum wage took effect. At the end of March, California’s Labor Commissioner issued an FAQ regarding the new minimum wage. It includes the following sections: •Overview of the Minimum Wage…more

California, Fast-Food Industry, Food Service Workers, Labor Commissioners, Minimum Wage

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IRS Gets Its Act Together For Forfeiture Rules

The February 24, 2023, issuance by the IRS of proposed regulations on the use of forfeitures in qualified retirement plans provides some welcome clarity, regulatory house cleaning, and relief for plan sponsors. With a proposed…more

401k, Defined Contribution Plans, Employee Benefits, Forfeiture, IRS

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Updates to Required California Pamphlets for New Hires

The State of California recently updated two pamphlets that must be provided to new hires. The California Department of Industrial Relations Division of Workers Compensation updated its “Time of Hire” Pamphlet. Employers must…more

California, EDD, Hiring & Firing, Notification Requirements, State Labor Laws

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New York Legislative Update: Freelancer Protections, Discrimination Claims, Settlement Agreements

New York Governor Kathy Hochul has signed bills enacting the Freelance Isn’t Free Act, extending the statute of limitations to file a lawsuit alleging unlawful discriminatory practices, and barring the inclusion of liquidated…more

CPLR, Discrimination, Freelance Workers, Harassment, Human Rights

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Sick Leave for All New Mexico Employees Begins July 1: What Employers Should Know

The New Mexico Healthy Workplaces Act (“NMHWA”) requires all private employers in New Mexico to provide all employees one hour of paid sick leave for every 30 hours worked. Employees may use up to 64 hours of earned sick leave…more

Healthy Workplace Act, Paid Leave, Sick Leave, Wage and Hour, Written Notice

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Rejecting Reverse Racial Discrimination Claim, Seventh Circuit Reminds Employers of Best Practices

In a case brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the U.S. Court of Appeals for the Seventh Circuit provided guidance on measures employers can take to avoid liability for reverse…more

Civil Rights Act, Employment Litigation, Race Discrimination, Reverse Discrimination, Title VII

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Contested Safety Citation Struck Down as OSHA Fails to Make Its Case

Inspectors from the Occupational Safety and Health Administration (OSHA) must be able prove that the employer should have been aware of hidden dangers to issue citations, the Occupational Safety and Health Review Commission has…more

Citations, Employer Liability Issues, Health and Safety, Inspections, OSHA

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Texas Federal Judge Struck Down Labor Board’s New Joint-Employer Rule

A federal judge for the U.S. Eastern District of Texas vacated the National Labor Relations Board’s new joint-employer rule, finding the rule too expansive. U.S. Chamber of Commerce et al. v. NLRB et al., No. 6:23-cv-00553 (Mar…more

Arbitrary and Capricious, Browning-Ferris Industries of California Inc., Chamber of Commerce, Common Law Test, Joint Employers

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Anti-Affirmative Action Organization Challenges Race Considerations in Military Academy Admissions

Continuing its efforts questioning the constitutionality of the use of race in higher education admissions, Students for Fair Admissions (SFFA) has filed a lawsuit in the District of Maryland against the U.S. Naval Academy on…more

Affirmative Action, Equal Protection, Fifth Amendment, Fourteenth Amendment, SCOTUS

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Cal/OSHA Publishes FAQs for New Workplace Violence Prevention Law

Last year, California’s Governor signed Senate Bill (SB) 553, which requires most employers to establish, implement, and maintain an effective Workplace Violence Prevention Plan (WVPP). The law is enforceable on July 1, 2024…more

Cal-OSHA, California, Recordkeeping Requirements, State Labor Laws, Training

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New York State Broadens Its Pay Equity Law

On July 10, 2019, the Governor of New York State signed into law a bill extending New York’s pay equity protections to pay differentials based not only on gender, but also those caused by discrimination on the basis of age,…more

Equal Pay, Pay Equity Laws, State Labor Laws, Wage and Hour

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Texas Federal Judge Struck Down Labor Board’s New Joint-Employer Rule

A federal judge for the U.S. Eastern District of Texas vacated the National Labor Relations Board’s new joint-employer rule, finding the rule too expansive. U.S. Chamber of Commerce et al. v. NLRB et al., No. 6:23-cv-00553 (Mar…more

Arbitrary and Capricious, Browning-Ferris Industries of California Inc., Chamber of Commerce, Common Law Test, Joint Employers

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Class Action Trends Report Fall 2018

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: - Are you my employer? A…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Class Certification

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The Aging Construction Industry: Keeping Skilled Employees Longer

Workers in the construction industry tend to be older than those in other industries, according to the National Association of Home Builders. The median age of construction workers is 42 years old, a year older than the median…more

Bureau of Labor Statistics, Construction Industry, Construction Workers

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North Carolina Adds Protection Against Discrimination and Retaliation for Employment Absences for Members of the Civil Air Patrol

The North Carolina legislature added nondiscrimination and nonretaliation protections for employees who serve in the North Carolina Wing – Civil Air Patrol. Effective December 1, 2023, it is unlawful for any employer to…more

Anti-Retaliation Provisions, Duties, Employment Discrimination, North Carolina, Wage and Hour

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New Jersey General Assembly To Vote On Renewed Bill Seeking To Curb Restrictive Covenants

New Jersey may be next up to join the growing number of states that significantly restrict the use of non-competition agreements in employment. As we discussed back in December 2017, a bill proposed in New Jersey at the time,…more

Apprenticeships, Employee Misconduct, Fair Labor Standards Act (FLSA), General Assembly, Good Cause

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The State Of California And Many California Localities Are Set To Increase The Minimum Wage On January 1, 2021 – Make Sure You Are Ready

California’s stair-step climb to a $15-dollar minimum wage continues. Effective January 1, 2021, the minimum wage for employers with 25 employees or less will increase to $13.00 per hour, and for employers with 26 or more…more

California, Employer Liability Issues, Minimum Wage, Posting Requirements, State and Local Government

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A Current Roadmap for Complying with Mental Health Parity Requirement

Most employers know that if a group health plan provides mental health or substance use disorder (MH/SUD) benefits in any of six specified classifications, the plan must provide MH/SUD benefits in all specified classifications…more

Compliance, Documentation, EBSA, Employee Benefits, Employer Group Health Plans

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EEOC Issues Final Regulations to Implement the Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC) has issued final regulations and Interpretative Guidance to implement the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023. The PWFA requires…more

Equal Employment Opportunity Commission (EEOC), Final Rules, Pregnant Workers Fairness Act, Public Comment, Reasonable Accommodation

See all updates »

Department Of Education Unveils Proposed Title IX Regulations

On Friday, November 16, 2018, the Department of Education (DOE) released proposed Title IX regulations dictating the process by which colleges and universities must handle allegations of sexual misconduct. Institutions of…more

Colleges, Department of Education, Educational Institutions, Sexual Assault, Sexual Harassment

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Common Mistakes Companies Make With Gig Economy Workers

It is no secret that traditional employers often benefit from non-traditional workplace arrangements available in the gig economy, such as relief from paying unemployment insurance and worker’s compensation plans or being exempt…more

Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Fair Labor Standards Act (FLSA), Gig Economy, Independent Contractors

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A Protocol On Life Support – Financial Industry Assesses The Aftermath Of Major Defections From Broker Recruitment Pact

In the fourth quarter of 2017, two major financial firms dropped out of an industry-wide Protocol for Broker Recruiting (the “Protocol”), an agreement designed to reduce litigation surrounding the movement of stockbrokers…more

Brokers, Non-Disclosure Agreement, Non-Solicitation Agreements, Restrictive Covenants

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List of States Limiting Employer COVID-19 Vaccine Mandates Continues to Expand

In a clear response to the recent Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) issued by the Biden Administration, Iowa, Tennessee, Utah, and Florida recently have joined the expanding…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Corporate Counsel, OSHA, Religious Exemption

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The IRS Reopens The Determination Letter Program For Merged Plans And Cash Balance Plans

On May 1, 2019, the IRS issued Revenue Procedure 2019-20, which reopens the determination letter program in a limited manner for individually designed plans that are merged plans or statutory hybrid plans, such as cash balance…more

Determination Letter, Employee Benefits, IRS, Retirement Plan

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It’s Almost the End of 2021. Do You Know Where Your Healthcare Dollars Go?

The CAA Transparency Rules Will Let Plans and Participants Know. The Department of Labor, Health and Human Services, and the IRS (collectively the Departments) recently released the Interim Final Rules with a request for…more

Affordable Care Act, Comment Period, Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Department of Labor (DOL)

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Understanding Maryland’s New Wage Posting Law: A Guide for Employers

Effective October 1, 2024, Maryland will join a growing list of states in promoting wage transparency in the workplace. The Maryland Wage Transparency Law (SB 525/HB 649) requires employers, both public and private, to publish…more

Job Ads, Job Applicants, Maryland, New Regulations, Pay Transparency

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Is Your Board Cyber-Ready? Leadership Steps to Support Corporate Cybersecurity

The growing concern around cyberthreats for companies across the nation is reflected in the increasingly crowded legislative landscape that provides guidance to organizations, employers, employees, consumers, and investors. As…more

Cyber Attacks, Cyber Incident Reporting, Cyber Threats, Cybersecurity, Disclosure Requirements

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Tenth Circuit: No Adverse Action Necessary To Prove A Violation Of The ADA’s Accommodation Requirements

The Tenth Circuit recently held that a disabled employee was not required to show that she suffered a separate adverse employment action to establish a failure to accommodate claim under the American’s with Disabilities Act…more

Adverse Action, Americans with Disabilities Act (ADA), Disability Discrimination, Employer Liability Issues, Failure to Accommodate

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Indiana Joins States Prohibiting Employers From Mandating Device Implantation In Employees

Indiana has joined the growing list of states taking legislative action to proactively curtail the risk of employer-driven devices, radio frequency identification devices (RFIDs), and microchip implantation, which some perceive…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, Data Collection, Employee Microchipping, Employee Rights

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Maryland Modifies, Delays Implementation of Its Paid Leave Program

Maryland Governor Wes Moore has signed an amendment (Senate Bill 828) modifying the 2022 law that established the state’s paid leave system, the Family and Medical Leave Insurance (FAMLI) Program…more

Maryland, Medical Leave, Paid Family Leave Law, State Labor Departments, State Labor Laws

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Nevada: New Laws Imposing New Requirements On Employers

At the conclusion of the Nevada Legislature’s 81st Session, Nevada Governor Steve Sisolak signed several bills into law affecting every point of the employer-employee relationship, from application to termination. Changes…more

Employer Liability Issues, Governor Sisolak, Hiring & Firing, Private Right of Action, Race Discrimination

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California Voters May Get to Vote to Raise the Minimum Wage to $18.00

California has been working its way up to a $15.00 minimum wage for all employees for several years. As of January 1, 2023, all California employers will be required to pay their employees a minimum wage of $15.00. However, a…more

California, Minimum Wage, State Labor Laws, Wage and Hour, Wages

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Federal Trade Commission’s Sweeping Final Rule to Ban Non-Competes: What You Need to Know

On April 23, 2024, the Federal Trade Commission (FTC) issued its final rule prohibiting all non-compete agreements for all employees at all levels, with only extremely limited exceptions. The FTC’s much-anticipated action…more

CEOs, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

See all updates »

Federal Trade Commission’s Sweeping Final Rule to Ban Non-Competes: What You Need to Know

On April 23, 2024, the Federal Trade Commission (FTC) issued its final rule prohibiting all non-compete agreements for all employees at all levels, with only extremely limited exceptions. The FTC’s much-anticipated action…more

CEOs, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Illinois Equal Pay Act Mandates To Take Effect September 29

Amendments to Illinois’ Equal Pay Act (EPA) go into effect on September 29, 2019, leaving employers little time to adjust their hiring practices. No Inquiries into Salary History. Under the amended EPA, employers and…more

Employer Liability Issues, Equal Pay, Equal Pay Act, Hiring & Firing, Job Applicants

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Department of State Proposes Allowing Third-Party Attendance at Interviews for U.S. Citizen Services

The Department of State is proposing a new rule that would specifically allow third parties (including private attorneys, interpreters, and others) to attend interviews at consulates, embassies, and passport agencies and centers…more

Comment Period, Consulate, Immigration Procedures, Proposed Rules, Third-Party

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OSHA Proposes Expansion of Workplace Protections for Emergency Responders

The Occupational Safety and Health Administration (OSHA) has proposed a rule to replace and expand its Fire Brigades Standard. The proposed Emergency Response Standard would impose new requirements on employers with employees…more

Department of the Interior, Emergency Medical Services (EMS), Emergency Response, FEMA, Firemen

See all updates »

EU Artificial Intelligence Act Passes in European Parliament

On Wednesday, March 13, 2024, Members of European Parliament endorsed the Artificial Intelligence Act (“AI Act”), with 523 votes in favor, 46 against, and 49 abstentions. This is the world’s first comprehensive AI law and likely…more

Algorithms, Artificial Intelligence, EU, European Commission, European Parliament

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Municipal Violation Is Not ‘Arrest Record’ Covered by Wisconsin Fair Employment Act, Court Holds

The Wisconsin Fair Employment Act’s (WFEA’s) prohibition against discrimination based on employees’ arrest and conviction record has always been considered broad, and its standard of allowing employers to make employment…more

Appellate Courts, Criminal Convictions, Employment Discrimination, Fair Employment Practices Act, Termination

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Discrimination Based on Sexual Orientation Unlawful, Michigan High Court Holds, Overruling Precedent

Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), MCL 37.2101 et seq., prohibition of sex-based discrimination also prohibits discrimination based on sexual orientation, the Michigan Supreme Court has held…more

Discrimination, Employer Liability Issues, Employment Discrimination, Gender Identity, Hiring & Firing

See all updates »

California Invasion of Privacy Act Violations Aimed at Online Retailers

California Invasion of Privacy Act (CIPA) has become a focal point in recent legal battles, particularly within the retail industry. As retailers increasingly adopt technologies like session replay and chatbots to enhance…more

Bots, California, CIPA, Internet Retailers, Invasion of Privacy

See all updates »

USCIS Updates Form N-400 Application for Naturalization

USCIS has released the new Form N-400, Application for Naturalization. The new form must be used to file starting June 3, 2024. Among the form’s various changes, two are particularly notable: 1. Social Security Update:…more

Gender Identity, Naturalization, Social Security Administration (SSA), Updated Forms, USCIS

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Pending California Bill Proposes Changes to Employee Hiring Requirements When a Grocery Store Establishment Experiences a Change in Control

California has had a handful of bills in recent years that discuss the process for hiring employees when there is a change in ownership or control. There is another bill pending pertaining specifically to grocery stores that…more

California, Change of Control, Grocery Stores, Hiring & Firing, Layoffs

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Education Department Seeks Input to Strengthen Section 504 Protections for Students With Disabilities

To start the process of updating the regulations implementing Section 504 of the Rehabilitation Act of 1973, a seminal disability civil rights law that provides protections to elementary, secondary, and postsecondary students,…more

Department of Education, Disabilities, Disability Discrimination, Educational Institutions, Mental Health

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San Francisco’s OLSE Issues FAQs for Public Health Emergency Leave Ordinance

In June, San Francisco voters approved Proposition G, which created the Public Health Emergency Leave Ordinance (PHELO). The ordinance requires private employers to provide paid leave to employees for “public health…more

California, OLSE, Paid Leave, Public Health Emergency, State and Local Government

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ACA Affordability Updated: Rev. Proc. 2023-29

Under the Affordable Care Act (ACA), applicable large employers (ALEs) — i.e., those with, on average, fifty (50) or more full-time or full-time-equivalent employees in the preceding year — must offer in the following year…more

Affordable Care Act, Health Insurance, IRS, Large Employer, Open Enrollment

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Goodbye to McDonnell Douglas Under the Minnesota Whistleblower Act?

On April 6, 2022, Minnesota’s Supreme Court in Lori Dowling Hanson v. State of Minnesota, Department of Natural Resources affirmed the lower courts’ summary dismissal of a Minnesota Whistleblower Act (“MWA”) claim brought by a…more

Adverse Action, Bureau of Indian Affairs, Department of Natural Resources, MN Supreme Court, Whistleblowers

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

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Information for EU and Swiss Residents

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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