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New Jersey “Wage Theft”  Amendments Apply Only Prospectively

In a unanimous decision, on May 15, 2024, the New Jersey Supreme Court held that the state’s amendments (Chapter 212) to the Wage Payment Law (WPL) and the Wage and Hour Law (WHL) apply prospectively, and therefore plaintiffs...more

DHS Extends I-9 Flexibility Due to COVID-19 … Yet Again

On October 11, 2022, the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), citing continued safety precautions related to COVID-19, extended through July 2023 the flexibility rule for the...more

Federal Judge Says Judicial Approval for Individual FLSA Actions Increases Litigation Costs, Makes Settlement More Difficult and...

Plaintiffs in Alcantara v. Duran Landscaping alleged that their former employer violated the Fair Labor Standards Act (FLSA) and Pennsylvania Minimum Wage Act because it failed to pay overtime premiums. Less than a year after...more

Department of Labor and National Labor Relations Board Announce Plan to Partner for Investigations and Information Sharing

The U.S. Department of Labor, Wage and Hour Division (DOL-WHD) and National Labor Relations Board (NLRB) announced plans to collaborate “to enhance and maximize the enforcement of the federal laws administered between the two...more

Philadelphia Extends Vaccination Deadline for Healthcare and Higher Education Institutions

As we previously posted, the City of Philadelphia is mandating healthcare workers and those who work, volunteer, or attend classes at higher education institutions in the city receive the COVID-19 vaccine.  The initial...more

New Jersey Health Care Workers Must be Vaccinated or Undergo Regular COVID-19 Testing

Effective September 7, 2021, staff in New Jersey’s public and private health care facilities and congregate settings deemed “high risk” must receive the COVID-19 vaccine or, alternatively, be subject to COVID-19 testing one...more

AFL-CIO Releases Annual Workplace Safety Report, Focused on COVID-19

Recently, the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) released its 30th annual “Death on the Job: The Toll of Neglect” report. Every year, the report highlights the number of states...more

Chamber of Commerce Questions the Criminality of Employee No-Poach Agreements

Whether employee no-poach agreements are illegal per se is being tested in a criminal case, U.S. v. Surgical Care Affiliates LLC et al., drawing the attention of many interested parties, including the United States Chamber of...more

Philadelphia Public Health Emergency Leave

On Monday, the City of Philadelphia adopted a new version of Public Health Emergency Leave (PHEL), mandating up to 80 hours of paid leave benefits in 2021 for employers with 50 or more employees. The law went into effect on...more

FDIC Encourages Participation with the Financial Institution Diversity Self-Assessment

On March 15, 2021, the FDIC’s Office of Minority and Women Inclusion (OMWI) released a Financial Institution Letter regarding diversity self-assessments. In accordance with Section 342 of the Dodd-Frank Wall Street Reform...more

Investors Speak: Diversity Matters

Summary - It’s no secret that environmental, social, and governance (ESG) issues are at the forefront of the national conversation surrounding social equity. Recently-published research also identifies these non-financial...more

President Biden Prioritizes Racial Equity Interests in Federal Procurement

Summary - As one of his first official acts as the President of the United States, President Biden issued an Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal...more

President Biden Prioritizes Racial Equity Interests in Federal Procurement

Summary As one of his first official acts as the President of the United States, President Biden issued an Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government...more

California Court’s Nationwide Injunction Halts Trump’s Diversity Training Ban for Contractors and Grant Recipients

Summary - A California District Court issued a preliminary injunction on Tuesday that prevents the federal government from enforcing significant portions of President Donald Trump’s September 2020 Executive Order on...more

New Stimulus Deal: Overview of Major Provisions Impacting Businesses and Individuals

Congress passed additional COVID-19 relief legislation (H.R. 133) on Monday evening, December 21, 2020. Today, President Trump is expected to sign the deal, which includes a $900 billion economic stimulus package that will...more

Nasdaq Files Rule Requiring Diverse Representation on Boards of Listed Companies

SUMMARY - On December 1, 2020, The Nasdaq Stock Market filed a proposed rule with the U.S. Securities and Exchange Commission (SEC), which, if approved, will require listed companies to disclose the racial, LGBTQ+ status,...more

Passage of California's Prop 22 Provides Relief for Ridesharing Companies; Could Ripple to Other State and Federal Law

Summary - California voters overwhelmingly approved Proposition 22. The ballot measure exempts app-based rideshare and delivery companies from AB 5, which made it more difficult to classify drivers as contractors by...more

EEOC, DOL, DOJ Finalize Controversial Agreement To Coordinate Equal Employment Enforcement, Compliance

Summary - The U.S. Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL) and its Office of Federal Contract Compliance Programs (OFCCP), and Department of Justice (DOJ) executed a memorandum of...more

DOL Set to Enforce President Trump’s Executive Order 13950 on Combatting Race and Sex Stereotyping

President Trump issued an Executive Order September 22, 2020, on Combatting Race and Sex Stereotyping that prohibits federal contractors and perhaps grant recipients from certain anti-bias employee training practices. In...more

PA’s Long-Awaited Overtime Rule Change Takes Effect

After a lengthy regulatory process, Pennsylvania’s revised overtime regulations finally took effect on October 3, 2020, when published in final form. As we shared in 2018 when the regulations were initially proposed, the new...more

The Department of Labor Updates FLSA and Unemployment Compensation Guidance

Last week, the Department of Labor (DOL) issued additional guidance about the Fair Labor Standards Act (FLSA) and state unemployment compensation. Telework and Flex Schedules The DOL’s Wage & Hour division updated its...more

In Landmark Ruling, U.S. Supreme Court Holds Title VII Bans Sexual Orientation & Gender Identity Discrimination

In a 6-3 opinion authored by Justice Gorsuch, a conservative, the Supreme Court has ruled that Title VII’s civil rights protections extend unequivocally to LGBTQ employees. Chief Justice Roberts and Justices Ginsburg, Breyer,...more

EEOC Delays 2019 EEO-1 Data Collection Due to COVID-19

On May 7, 2020, the EEOC announced that due to COVID-19 it will delay opening of the 2019 EEO-1 Component 1 data collection. Currently, the agency anticipates collecting EEO-1 Component 1 data for both 2019 and 2020, in March...more

Tensions and Issues Rise as Employers Prepare to Call Employees Back to Work

As states begin or prepare to lift stay-at-home orders, many businesses are gearing up, as well. However, many employees are not as sanguine, citing a host of concerns, such as a lack of protective measures, the fear of...more

Washington D.C.: Unemployment Compensation Update

On March 17, 2020, Washington D.C. Council unanimously passed and Mayor Muriel Bowser signed the Covid-19 Response Emergency Amendment Act of 2020. The emergency legislation temporarily revises D.C.’s Unemployment...more

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