The U.S. Department of Education recently issued final regulations governing Title IX, the federal civil rights law prohibiting sex-based discrimination in education programs or activities—such as public or private schools,...more
Key Points -
The new law prohibits judicial enforcement of confidentiality and non-disparagement provisions with respect to sexual harassment and sexual assault disputes.
The law covers provisions entered into before...more
Key Points -
The past eight months have featured the introduction of myriad new state and city laws impacting New York firms.
From amendments to the NYC Fair Chance Act and NYS Paid Family Leave Law, to the expansion...more
Key Points -
On November 4, 2021, OSHA issued an ETS requiring that all employers with 100 or more employees ensure that their employees are fully vaccinated against COVID-19 by January 4, 2022, or tested weekly. By December...more
11/5/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Federal Contractors ,
Infectious Diseases ,
OSHA ,
Paid Time Off (PTO) ,
Popular ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
Key Points -
Under New York’s Health and Essential Rights (HERO) Act, New York-based firms must maintain an airborne infectious disease exposure prevention plan (“Prevention Plan”) that meets or exceeds the minimum...more
While the Equal Employment Opportunity Commission’s (EEOC) May 28, 2021 guidance (the “EEOC Guidance”) largely is consistent with its previous pronouncements regarding employer mandatory COVID-19 policies, including policies...more
Key Points
- Cal/OSHA issued new emergency regulations regarding COVID-19 prevention and outbreaks in the workplace that are applicable to nearly all California employers, which were approved and became effective November...more
- Numerous jurisdictions across the country are enacting a patchwork of different shelter-in-place, shut-down and closure orders in response to COVID-19.
- In some jurisdictions, businesses can look to federal CISA...more
In this episode, Akin Gump labor and employment partner Richard Rabin and associate Grace O’Donnell discuss what you need to know about coronavirus’ impact on the workplace and employees.
Among the topics covered:
-...more
3/17/2020
/ Business Travel ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Federal Labor Laws ,
Health and Safety ,
Infectious Diseases ,
Medical Testing ,
Quarantine ,
Remote Working ,
Sick Leave ,
State Labor Laws ,
Traveling Employee ,
Workplace Safety
Working from home may not be practical in many work environments, for example, where company tools, machinery or equipment may be required to accomplish a job. Where a company must suspend work or close a work location, the...more
3/13/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Over-Time ,
Public Health ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Remote Working ,
Rest and Meal Break ,
Sick Leave ,
Timekeeping ,
Wage and Hour ,
Workplace Safety
Employers face unprecedented challenges in addressing the spread of the novel coronavirus (COVID-19). Among the items on their ever-expanding list is that federal and state occupational safety and health regulations require...more
Employers are facing unprecedented challenges in addressing the spread of the novel coronavirus (COVID-19). Among the ever-expanding obligations is that federal and state occupational safety and health regulations require...more
- The continued spread of COVID-19 presents employers with an array of unprecedented workforce management and public health challenges.
- Decisions that employers may be called upon to make implicate a variety of...more
3/10/2020
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Hiring & Firing ,
Infectious Diseases ,
Paid Leave ,
Public Health ,
Reasonable Accommodation ,
Remote Working ,
Risk Management ,
Salaried Employees ,
Sick Leave ,
Traveling Employee ,
Unpaid Leave ,
Wage and Hour ,
Workplace Safety
- With the WHO having declared a Public Health Emergency of International Concern, companies should take reasonable precautions to protect themselves and their personnel.
- Below are some suggested practices United...more
3/4/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Strategic Planning ,
Traveling Employee ,
Workplace Safety ,
World Health Organization
- With the World Health Organization having declared a Public Health Emergency of International Concern, firms should take reasonable precautions to protect themselves and their personnel.
- Below are some suggested...more
3/3/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
International Travel ,
Investment Firms ,
Public Health ,
Risk Management ,
Traveling Employee ,
Workplace Safety ,
World Health Organization
• Whistleblower Carve-Out: For all employment-related agreements containing non-disclosure provisions signed on or after January 1, 2020, firms should include new “whistleblower carve-out” language as dictated by New York...more
1/6/2020
/ Anti-Harassment Policies ,
Carve Out Provisions ,
Employee Handbooks ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Governor Cuomo ,
Governor Vetoes ,
Hiring & Firing ,
Human Resources Professionals ,
Investment Firms ,
Investment Management ,
Non-Disclosure Agreement ,
Reproductive Discrimination ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
• The New York State Equal Pay Act (EPA) now will apply to all protected categories (including race, national origin, religion, etc.) rather than just gender, dramatically expanding the reach of the statute.
• New York...more
8/20/2019
/ Dress Codes ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Pay ,
Equal Pay Act ,
Hairstyle Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Paid Leave ,
Pay Equity Laws ,
Race Discrimination ,
Salary/Wage History ,
State Labor Laws ,
Voting Leave ,
Wage and Hour
• Amendments to the New York State Human Rights Law (NYSHRL) lower the bar for employees and individual nonemployees pursuing discrimination and harassment claims.
• In several respects, the amendments align the NYSHRL...more
8/15/2019
/ #MeToo ,
Affirmative Defenses ,
Amended Legislation ,
Carve Out Provisions ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Arbitration Act ,
Governor Cuomo ,
Independent Contractors ,
NYCHRL ,
NYSHRL ,
Protected Class ,
Settlement Agreements ,
State Labor Laws ,
Title VII
• On August 23, 2018, New York State issued FAQs and other draft guidance regarding the recently passed New York State anti-sexual harassment laws.
• Firms must implement new anti-sexual harassment policies by October 9,...more
• New measure expands the NYC Earned Sick Time Act to Cover “Safe Time.”
• Safe Time can be used when an employee or a member of the employee’s family has been the victim of a family offense matter, sexual offense,...more
5/11/2018
/ Amended Legislation ,
Domestic Violence ,
Earned Sick Time ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Human Trafficking ,
Paid Leave ,
Paid Time Off (PTO) ,
Stalking ,
State Labor Laws ,
Wage and Hour ,
Workplace Communication