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Minnesota Legislature Passes Jobs Bill Providing for Paid Sick and Safe Time

The Minnesota Legislature passed a statewide paid sick and safe leave law on May 16, 2023 that will be sent to the governor’s desk for signature. The new law, which is expected to be signed and would take effect on...more

New York Clarifies Scope of Pay Scale Reports

For multi-state employers tracking pay transparency laws requiring salary ranges in job postings, recent amendments to the New York law provide welcome clarity. In its original form, the New York law would have required...more

Advice for Employers: NLRB McLaren Macomb Decision

The National Labor Relations Board (NLRB or Board) recently issued a decision aimed at severance agreements with confidentiality and non-disparagement provisions. In McLaren Macomb, the Board held that an employer violates...more

Equal Pay in 2023: A Preview

In recent years, equal pay legislation has taken a new form. Gone are the days in which recruiters must merely avoid questions about prior salary history. Now, various states require recruiters to respond to requests about...more

Recruiting Under the Equal Pay Act: Top 5 Mistakes Made During the Hiring Process

Most recruiters and hiring managers are familiar with the concept of “prohibited questions” during the hiring process—topics the employer should avoid affirmatively raising during the interview to steer clear of potential...more

Top 5 Reasons to Do a Pay Equity Audit in 2022

There’s no time like the present to conduct a pay equity audit. This year, employers face historic competition to recruit and retain talent. With continued pressure to increase DE&I efforts and a wave of new pay equity laws,...more

Supreme Court Ruling Strikes Down OSHA ETS

UPDATE: In an order issued Jan. 13, 2022, the United States Supreme Court stayed enforcement of federal OSHA’s COVID-19 Vaccination and Testing ETS pending the disposition of the petitions for review in the Court of Appeals...more

No Ruling, But SCOTUS Likely to Strike Down OSHA ETS

On January 7, 2022, the U.S. Supreme Court heard oral arguments over whether two sets of vaccine and testing mandates should go into effect: (1) the OSHA ETS, applying to private employers with 100 or more employees; and (2)...more

Stay Issued for Federal Vaccine Mandates

Originally published 11/08/21. Updated 12/01/21. As expected, the OSHA Emergency Temporary Standard (ETS) faced immediate legal challenge, and on Saturday, the Fifth Circuit Court of Appeals issued a stay blocking the...more

Stay Issued for OSHA ETS Vaccine Mandate; CMS Emergency Regulation Untouched

As expected, the OSHA Emergency Temporary Standard (ETS) faced immediate legal challenge, and on Saturday, the Fifth Circuit Court of Appeals issued a stay blocking the law from going into effect. Below, we outline the key...more

Federal Agency COVID Vaccine Mandates Broaden Compliance

Federal agencies released anticipated guidance and regulations requiring COVID-19 vaccination for employees by January 4, 2022. The Occupational Safety and Health Administration (OSHA) released the Emergency Temporary...more

Summary of President Biden’s Two Executive Orders on Mandatory Covid-19 Vaccines and Safety Protocols

On September 9th, President Biden signed two Executive Orders; one requiring COVID vaccines for federal employees and another ensuring adequate COVID safety protocols for federal contractors. The administration also announced...more

Does Your State Prohibit Asking Salary History?

Nevada and Rhode Island will soon join the growing list of state and local governments prohibiting employers from requesting salary history from applicants, the most common form of pay equity legislation. As employers...more

CDC Updates Mask Guidance: Impact on the Workplace

Today (07/27/21), the CDC released new guidance on masking and other issues for fully-vaccinated individuals. As a result, we recommend employers update their return-to-work policies, including the Minnesota Preparedness Plan...more

Pay Equity and the Pandemic: A Primer for Higher Ed

After a year unlike any other, colleges and universities are grappling with historical challenges. While adjusting to reduced attendance, converting to online programming, and ensuring a healthy and safe environment, many...more

Key FFCRA Regulations Overturned by Federal Court

Furloughed employees may be entitled to paid leave under the Families First Coronavirus Response Act (FFCRA) even if their workplace is shuttered due to the pandemic, according to an August 3, 2020 ruling by a federal court...more

Minnesota Mask Mandates & Remote Working Updates for Employers

More than four months after Gov. Tim Walz declared a peacetime emergency in Minnesota, many employers are eager to return to normal (to the extent possible). But two recent developments in Minnesota that have further pushed...more

Returning to Work: Health Checks & Compensable Time

After sheltering-in-place, remote working, and business closures, employers across the country have started planning to bring employees back to work. The first item of business is how to ensure the workplace is safe for...more

Managing Off-The-Clock Time During the Pandemic

Ensuring that hourly employees accurately record their work time—and that employees are paid for all work time—can be a challenge even under the best of circumstances. But it’s crucial to avoid or defend costly class...more

California Employers: Breakdown of the Supplemental Paid Sick Leave (SPSL)

California Gov. Gavin Newsom issued a statewide Executive Order requiring large employers to provide up to 80 hours of Supplemental Paid Sick Leave (SPSL) for food sector workers and to permit extra handwashing breaks,...more

COVID-19 for Employers: Local Paid Sick Leave Laws

During the week of April 6, 2020, several cities expanded paid sick leave entitlements during the COVID-19 crisis. We outline a few of these below....more

How Employers Can Take Advantage of Tax Credits under the New FFCRA Legislation

The Families First Coronavirus Response Act (FFCRA) creates, for the first time, a federal requirement to issue paid sick leave and paid FMLA benefits for most private employers with fewer than 500 employees. To help offset...more

Employers: How to Handle the New Minnesota Workers’ Compensation Law That Extends Greater Protection to Front-Line Employees

Minnesota Governor Tim Walz signed a workers’ compensation bill on April 7, 2020, to help first responders, healthcare workers and daycare workers who contract COVID-19 in the workplace. The law is intended to ensure...more

COVID-19 Compliance with State and Federal Changes: Practical guidance for Employers

FAMILIES FIRST CORONAVIRUS RESPONSE ACT COMPLIANCE - The Department of Labor has started issuing interpretive guidance on the FFCRA, which provides for paid sick and FMLA leave for certain employees. The DOL’s guidance,...more

New York Employers: New COVID-19 Paid Sick Leave Law Explained

On March 18, 2020, the New York State Assembly passed and Governor Cuomo signed into law a response to the novel coronavirus that provides certain employees sick leave and job protection in the event they are subject to...more

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