This week, we’re highlighting a few state-level employment issues, including the legal challenges faced by Staples Inc. regarding the Massachusetts lie detector ban; New Jersey’s implementation of a gender-neutral dress code...more
This week, we’re looking at recent state-level changes and legal trends that have varying degrees of impact on employers.
Massachusetts Pay Equity Law
Massachusetts is the most recent state to enact a pay equity law. The...more
This week, we’re taking a look at the Department of Labor’s (DOL’s) new white-collar overtime exemption and worker classification rules and the U.S. government’s updated race and ethnicity categorizations.
DOL’s Overtime...more
This week, we’re detailing the National Labor Relations Board’s (NLRB’s) request for Starbucks to reopen shuttered stores; how big tech is retreating from diversity, equity, and inclusion (DEI) programs; and why employers may...more
In this special year-end episode, recorded live from our 42nd Annual Workforce Management Briefing in New York City, Epstein Becker Green attorneys discuss the biggest employment law trends and crucial workforce changes in...more
This week, we look at updates ranging from discrimination issues and COVID-19 guidance to local pay transparency law compliance.
Federal Judge Blocks EEOC's LGBTQ+ Guidance
The Equal Employment Opportunity Commission’s June...more
10/12/2022
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
New Guidance ,
Paid Sick Leave ,
Pay Transparency ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
Vaccinations ,
Wage and Hour
This week, we look at the trend of “quiet quitting” and the legal and technology considerations employers should weigh when navigating the issue.
What to Do About “Quiet Quitting” (see video attached)
An increasing number...more
This week, we look at a range of pay disclosure requirements that have come into effect in New York and New Jersey in the second half of 2022.
All employers in Jersey City, New Jersey, with more than five employees are...more
This week, we look at labor law and pay developments from the National Labor Relations Board (NLRB) and in California.
NLRB Continues Union-Friendly Direction
Two recent actions from the NLRB show a continued pro-employee...more
9/14/2022
/ Biden Administration ,
Dress Codes ,
Employer Liability Issues ,
Employment Policies ,
Fast-Food Industry ,
Fixing America’s Surface Transportation Act (FAST Act) ,
Hiring & Firing ,
Joint Employers ,
Minimum Wage ,
New Legislation ,
NLRB ,
Pay Transparency ,
Proposed Rules ,
State Labor Laws ,
Unions ,
Wage and Hour
This week, we update you on national trends relating to pay data collection, non-compete restrictions, and joint-employment rules.
Study Finds EEOC's Pay Data Collection a "Useful Tool"
A study of the Equal Employment...more
8/10/2022
/ Browning-Ferris Industries of California Inc. ,
Data Collection ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Pay Data ,
Pay Discrimination ,
Restrictive Covenants ,
State Labor Laws ,
Wage and Hour
This week, we update you on new COVID-19 guidance and union organizing and non-compete trends at the federal and local levels.
EEOC Updates Guidance on COVID-19 Testing of Employees
Updated guidance from the U.S. Equal...more
7/27/2022
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Injunctive Relief ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Union Organizers ,
Unions ,
Virus Testing ,
Workplace Safety
This week, we look at two significant court decisions for employers and bring you a practical update on new bereavement leave rules in Illinois.
SCOTUS: FAA Preempts California’s PAGA Loophole
Last week, the U.S. Supreme...more
6/22/2022
/ Arbitration ,
Arbitration Agreements ,
Bereavement Leave ,
Class Action ,
Class Action Arbitration Waivers ,
Coronavirus/COVID-19 ,
Employment Litigation ,
Federal Arbitration Act ,
Hiring & Firing ,
Layoffs ,
Natural Disasters ,
Notification Requirements ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises Inc v Moriana
This week, we focus on compliance and transparency when using artificial intelligence (AI) tools in employment decision-making.
The Future of AI Technology Regulations for Employers (see video below)
Regulations and...more
5/25/2022
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
DFEH ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
Machine Learning ,
Popular ,
Proposed Regulation ,
Reasonable Accommodation
This week, we look at updated regulations in California and New York City and at the U.S. Department of Labor (DOL).
California Employers Update COVID-19 Policies
California employers are implementing updated COVID-19...more
5/18/2022
/ Adverse Employment Action ,
Cal-OSHA ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Masks ,
Pay Transparency ,
Retaliation ,
Salaried Employees ,
State Labor Laws ,
Vaccinations ,
Virus Testing ,
Wage & Hour Division (WHD) ,
Wage and Hour ,
Workplace Safety
This week, we’re breaking down recent local- and state-level developments impacting compliance for employers.
NYC’s Pay Transparency Law Expected to Be Delayed
If signed by Mayor Eric Adams, New York City’s pay...more
5/4/2022
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Electronic Monitoring ,
Employee Monitoring ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Masks ,
Pay Transparency ,
State Labor Laws ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
This week, we look at the increased focus on non-compete agreements across the country.
The Current Environment for Non-Compete Agreements (see video attached)
There has been a wave of legislation restricting non-compete...more
This week, we look at compliance and enforcement developments at the federal level and in the specific jurisdictions of New York City and California.
EEOC Reports Surge of COVID-19-Related Charges
On the heels of the Equal...more
4/6/2022
/ Americans with Disabilities Act (ADA) ,
Arbitration Agreements ,
Caregivers ,
Class Action Arbitration Waivers ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Arbitration Act ,
Hiring & Firing ,
Job Applicants ,
Job Promotions ,
Minimum Salary ,
Oral Argument ,
Pay Transparency ,
Private Attorneys General Act (PAGA) ,
Vaccinations ,
Wage and Hour
This week, we look at a range of developments shifting the enforcement approach across federal agencies and how employers can comply with these shifts.
Texas Court Reinstates DOL Independent Contractor Rule
A district...more
3/23/2022
/ Biden Administration ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Healthcare Facilities ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
OFCCP ,
OSHA ,
Safety Inspections ,
Subcontractors ,
Wage and Hour ,
Workplace Safety
This week, we’re recapping major items shifting at the state, local, and federal levels, including whistleblower retaliation case law, pay transparency rules, and federal labor policies.
California Supreme Court Specifies...more
2/9/2022
/ Adverse Employment Action ,
Burden of Proof ,
CA Supreme Court ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Enforcement Actions ,
Hiring & Firing ,
Injunctions ,
Job Applicants ,
McDonnell Douglas Formula ,
NLRB ,
Pay Transparency ,
Retaliation ,
State Labor Laws ,
Union Organizers ,
Unions ,
Wage & Hour Division (WHD) ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
This week, we’re recapping some of the biggest changes that impacted employers in 2021. We also look ahead to what’s in store in the new year.
A Shift in Labor Policy and Enforcement
The Biden administration is ushering in...more
12/22/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employee Mobility ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Healthcare Workers ,
Hiring & Firing ,
Labor Regulations ,
Masks ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Reasonable Accommodation ,
Unions ,
Vaccinations ,
Virus Testing ,
Wage and Hour ,
Workplace Safety
This week, we focus on the uptick in requests for remote work as a reasonable accommodation during COVID-19 and what employers should consider when addressing them.
Remote Work and Reasonable Accommodations (see video...more
This week, we look at significant developments for employers from across the federal government, including at the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), and...more
9/22/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Labor Regulations ,
OSHA ,
Paid Time Off (PTO) ,
Popular ,
Remote Working ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Welcome to #WorkforceWednesday. This week, we look at the restriction and legislation of non-compete agreements.
The Future of Non-Compete Agreements
The restriction and legislation of non-compete agreements is gaining...more
It's #WorkforceWednesday! This week, we look at how COVID-19 restrictions are tightening to curb the spread of the Delta variant, how NYC is ramping up enforcement of its ban-the-box law, and how Biden’s budget could impact...more
8/4/2021
/ Ban the Box ,
Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Criminal Background Checks ,
Employer Mandates ,
Employment Policies ,
Fair Chance Act ,
Federal Budget ,
Federal Funding ,
Health and Safety ,
Hiring & Firing ,
Infectious Diseases ,
Infrastructure ,
Job Applicants ,
Masks ,
Vaccinations ,
Workplace Safety
It's #WorkforceWednesday! This week, we focus on President Biden's recent push to limit non-compete agreements and finalize key labor and employment appointments.
Biden Executive Order Seeks to Boost Competition
President...more
7/21/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Health and Essential Rights (HERO) Act ,
Health and Safety ,
Hiring & Firing ,
Infectious Diseases ,
Labor Regulations ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
NYDOL ,
Occupational Exposure ,
Presidential Nominations ,
Senate Confirmation Hearings ,
Workplace Safety