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
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
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
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
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
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
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
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
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
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
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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
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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
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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
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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
12/28/2020
/ Bias ,
Corporate Counsel ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Relations ,
Sexual Stereotyping ,
Trump Administration
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
12/23/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Economic Injury Disaster Loans ,
Economic Stimulus ,
Eviction ,
Families First Coronavirus Response Act (FFCRA) ,
Foreclosure ,
Mortgages ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
SNAP Program ,
Unemployment Benefits
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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
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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
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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
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
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
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
7/29/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
New Guidance ,
Paid Time Off (PTO) ,
Remote Working ,
Sick Leave ,
Unemployment Compensation System ,
Wage and Hour
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
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
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
5/13/2020
/ Coronavirus/COVID-19 ,
Data Collection ,
Deregulation ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
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
5/12/2020
/ Americans with Disabilities Act (ADA) ,
CARES Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Paycheck Protection Program (PPP) ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Return-to-Work Agreements ,
Unemployment Benefits ,
Workplace Safety
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