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Year-End Tasks for US Employers Facing Compliance Obligations

In recent years, we have seen numerous notable employment and labor law developments annually, and 2023 was no exception. As the year comes to a close, US employers should take time to prepare for 2024 by reviewing their key...more

What’s Required Now and What’s Next?

As the summer winds down, multistate employers must remain apprised of an ever-increasing number of obligations in the area of pay transparency. Below, we highlight recent developments to existing pay transparency laws,...more

USCIS Launches New Form I-9, Alternative Procedure for Virtual Documentation Inspection

The US Citizenship and Immigration Services (USCIS) recently launched a new Form I-9 for employers verifying employment eligibility and announced a new alternative procedure permitting certain employers to inspect employees’...more

Colorado Enacts New Protections for Employees

In June 2023, Colorado Gov. Jared Polis signed into law the Protecting Opportunities and Workers’ Rights (POWR) Act, which, among other things, substantially limits the use of nondisclosure agreements, lowers the burden of...more

Key Principles From EEOCs Latest Guidance on Employers Use of AI Tools

Recently, the US Equal Employment Opportunity Commission (EEOC) made clear that it intends to make discrimination caused by artificial intelligence (AI) tools an enforcement priority over the next four years. This enforcement...more

NLRB Reverts to Prior Policy Restricting Employee Nondisparagement and Confidentiality Provisions

On February 21, 2023, the National Labor Relations Board (NLRB) returned to long-standing precedent that an employer may not offer severance conditioned on an employee’s agreement to broad nondisparagement and confidentiality...more

Federal Court Holds Massachusetts Employers May Use Stock Options As Consideration for Noncompetes

US District Judge Patti B. Saris of the US District Court for the District of Massachusetts recently held that stock options will suffice as “mutually agreed upon consideration” and “fair and reasonable consideration” under...more

Washington State’s Silenced No More Act: What Employers Need to Know

Background Washington state’s Engrossed Substitute House Bill 1795, also known as the Silenced No More Act, took effect June 9, 2022, and prohibits nondisclosure and nondisparagement provisions that prevent an employee or...more

Alert: Virginia Enacts Permanent COVID-19 Employee Health and Workplace Safety Regulations

On January 13, the Virginia Department of Labor and Industry’s Safety and Health Codes Board voted to enact a permanent workplace safety rule to protect employees from COVID-19 exposure, making Virginia one of the first...more

Alert: End-of-Year Employer Reminders Regarding COVID-19 Paid Sick Leave, Reporting Obligations in California

With legislative activity around COVID-19 is continuing at a steady pace, it is easy to lose track of the myriad requirements applicable to employers, especially those requirements applicable to employees reporting into a...more

Alert: San Francisco Enacts ‘Right to Reemployment’ Ordinance

In response to unprecedented unemployment levels caused by the COVID-19 pandemic, the San Francisco Board of Supervisors passed an emergency ordinance on June 23, 2020, that imposes rehiring, notice and reporting obligations...more

Alert: US Supreme Court Recognizes Title VII Protections to LGBTQ Employees

On June 15, 2020, the Supreme Court of the United States "at last" issued a 6-3 decision in which it "did not hesitate" to extend protection under Title VII of the Civil Rights Act of 1964 to gay and transgender workers....more

Alert: San Jose + San Francisco Enact Temporary Emergency Paid Sick Leave Requirements for Employers Not Covered by FFCRA

As mentioned in previous Cooley alerts, the federal Families First Coronavirus Response Act (FFCRA) requires private employers with fewer than 500 employees to provide emergency paid sick leave to eligible employees. San Jose...more

Alert: Reducing Personnel Expenses in an Uncertain Economy

In light of the COVID-19 public health emergency and the uncertainty over its scope and lasting impact on the economy, companies are now considering options to ensure continued viability of their business, including labor...more

Alert: New Update for EEO-1 Filers: Collection of Component 2 Pay Data to Begin This July

On May 3, 2019, the Equal Employment Opportunity Commission announced that it would collect employee pay data from EEO-1 employers beginning this summer. The announcement came after Judge Tanya Chutkan overturned the stay on...more

Alert: US Department of Labor Issues Opinion Supporting Contractor Status for Gig Economy Workers

As a sizable portion of the modern labor economy shifts toward a marketplace-focused work structure, more cases and opinions are coming forth to confirm the viability of the gig economy platform model. A recent opinion letter...more

Alert: EEO-1 Employers Must Submit Pay Data to the EEOC in 2019

On April 3, 2019, the US Equal Employment Opportunity Commission (EEOC) submitted a proposed plan to delay the collection of employee pay data from May 31, 2019, to September 30, 2019. The EEOC's proposal was filed in...more

Alert: Recent California Cases Invalidate Employee Non-Solicitation Provisions

Many California employers use employee non-solicitation provisions in their employment agreements. These provisions prohibit employees, both during their employment and for one to two years thereafter, from soliciting the...more

Alert: Ninth Circuit Adopts New, Stricter Interpretation of FCRA Requirement for Standalone Background Check Disclosure

The federal Fair Credit Reporting Act protects the rights of employment candidates and employees when the employer seeks a consumer report, commonly known as a background check, conducted by a third-party investigator. Many...more

Alert: New York Minimum Wage, Minimum Exempt Salary and Paid Family Leave Updates

As the calendar turns from 2018 to 2019, New York's minimum wage and minimum exempt salary threshold are set to increase in accordance with their respective implementation schedules. Similarly, the New York Paid Family Leave...more

Alert: California Governor Signs Numerous #MeToo Laws

In the wake of the #MeToo movement and resulting nationwide conversation about sexual harassment, California lawmakers recently passed legislation intended to combat sexual harassment in the workplace. On September 30, 2018,...more

New York State and New York City Enact Sweeping Legislation to Combat Workplace Sexual Harassment

Yesterday, the President issued a new Executive Order (E.O.) prohibiting certain financial transactions involving the Venezuelan government, including Petroleos de Venezuela, S.A. (PdVSA), the state-owned oil company....more

Alert: New York City Expands Earned Sick Time Act to Include Earned Safe Time

An amendment to New York City's Earned Sick Time Act, which went into effect on May 5, 2018, now permits employees to use earned sick time for certain new designated purposes, including dealing with domestic violence, sexual...more

Alert: Are Your Independent Contractors Really Employees? California Supreme Court Adopts Strict New Classification Test

On April 30, 2018, the California Supreme Court unanimously rejected the common law test for independent contractors used in California for the last three decades and, for purposes of California's wage orders (which impose...more

Alert: United States Supreme Court Conclusively Narrows Definition of Whistleblower in Dodd-Frank Retaliation Cases

On February 21, 2018, the United States Supreme Court unanimously held that employees must report a violation of securities laws to the Securities and Exchange Commission ("SEC") to be entitled to anti-retaliation,...more

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