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
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
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
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
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
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
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
1/14/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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
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
12/2/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Final Rules ,
Healthcare Workers ,
Injunctions ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing
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
11/8/2021
/ Appeals ,
Centers for Medicare & Medicaid Services (CMS) ,
Code of Federal Regulations (CFR) ,
Coronavirus/COVID-19 ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Healthcare Workers ,
OSHA ,
Reasonable Accommodation ,
Religious Accommodation ,
Vaccinations ,
Virus Testing
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
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
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
9/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
OSHA ,
Privately Held Corporations ,
Vaccinations ,
Workplace Safety
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
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
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
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
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
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
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 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
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
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
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
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
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