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Maryland Joins Trend Requiring Salary and Wage Disclosures in Job Listings

Effective October 1, 2024, Maryland will become the sixth state (plus the District of Columbia), to require that employers provide an upfront disclosure of the wage or salary range for open positions in job listings. The new...more

Breaking Down the Proposed Salary History and Pay Transparency Requirements for Federal Contractors

On January 31, 2024, several U.S. government agencies released proposals and guidance aimed at imposing new pay transparency and salary history requirements upon federal government contractors and subcontractors. These...more

District of Columbia Requires Salary and Wage Disclosures in Job Listings

On January 12, 2024, District of Columbia Mayor Muriel Bowser signed the Wage Transparency Omnibus Amendment Act of 2023, which broadens D.C.’s existing pay transparency laws and requires employers in D.C. to list salary and...more

New York State Enacts Payment Law for Independent Contractors

On November 22, 2023, Governor Kathy Hochul of New York State signed into law the “Freelance Isn’t Free Act” (“Act”), which was modeled after a similar law passed in New York City in 2017.  The state law becomes effective on...more

The Impact of the U.S. Supreme Court’s Affirmative Action Decision on Private Employers

On June 29, 2023, the United States Supreme Court issued its ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (along with Students for Fair Admissions, Inc. v. the University of North...more

NYC Employers Prohibited from Discriminating Based on Height or Weight

On May 26, 2023, New York City Mayor Eric Adams signed into law a bill that expands the protections offered by the New York City Human Rights Law (NYCHRL).  Effective November 22, 2023, the NYCHRL will prohibit discrimination...more

EEOC Issues Guidance for Use of Artificial Intelligence in Employment Selections

So far in 2023, artificial intelligence (AI) has been at the leading edge of the technological revolution, as the potential applications for tools like ChatGPT have drawn considerable buzz.  In April 2023, we reported on New...more

OFCCP Implements New Disability Self-Identification Form

On April 25, 2023, the Office of Federal Contract Compliance Programs (OFCCP) issued an updated self-identification form for applicants and current employees to voluntarily self-identify as an individual with a disability. ...more

New York City Issues Regulations for Use of Artificial Intelligence Tools in Human Resources

On April 6, 2023, the New York City Department of Consumer and Worker Protection issued its final rule interpreting the City’s Local Law 144 regulating the use of "automated employment decision tools," which went into effect...more

OFCCP Rescinds Trump-Era Expansion of Religious Exemption to Executive Order 11246

On March 1, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published a Final Rule rescinding a prior rule the agency published late in the Trump administration that broadened the scope of Executive Order...more

Non-competes Under Attack by FTC

To ring in the 2023 new year, the Federal Trade Commission (“FTC”) has taken multiple actions targeting the use of non-compete agreements, all of which are consistent with President Biden’s July 2021 Executive Order on...more

New York State Requires Salary and Wage Ranges to be Listed in Job Advertisements

Following New York City’s enactment of a pay transparency ordinance on November 1, 2022, New York State has enacted a similar requirement for employers to list a range of compensation in advertisements for job, promotion, or...more

OFCCP Proposes New Scheduling Letter Increasing the Documentation Federal Contractors Must Provide in Audits

On November 21, 2022, OFCCP proposed a new Scheduling Letter and Itemized Listing that will greatly increase the amount and specificity of documents and information that federal government contractors must provide in...more

D.C. Votes to Eliminate the Tip Credit By 2027

On November 8, 2022, Washington, D.C. voters approved Initiative 82, which will eliminate the ability of employers in the city to rely on a tip credit to meet the minimum wage requirement for employees who regularly receive...more

Three Steps Employers Everywhere Should Take as New York City’s Pay Transparency Law Takes Effect

On November 1, 2022, job postings for positions in New York City – including remote positions that can be performed in New York City – must include a salary range listing the minimum and maximum salary or hourly wage amounts...more

Federal Contractor COVID-19 Vaccine Mandate Looks to Return, With Potential Updates

As we previously reported, on August 26, 2022, the U.S. Court of Appeals for the Eleventh Circuit issued a decision narrowing the nationwide injunction against the COVID-19 vaccination mandate for federal contractor employees...more

Eleventh Circuit Significantly Narrows Scope of Federal Contractor Vaccine Mandate Injunction, Allowing Enforcement in Many States

On August 26, 2022, the Eleventh Circuit Court of Appeals issued its long-awaited decision in the federal government’s appeal of a lower court order striking down the Biden Administration’s COVID-19 vaccination mandate for...more

District of Columbia Relaxes its Non-Compete Ban to Allow Restrictive Covenants for Certain Employees

The District of Columbia Council passed the Non-Compete Clarification Act of 2022 (“Act”) in late July 2022, setting standards for how and when employers can use and enforce covenants not to compete. The Act notably clarifies...more

OFCCP Walks Back Portions of Its Controversial Pay Equity Directive, But Contractors Must Still Focus on Proactively Ensuring...

In March 2022, we reported on a controversial directive issued by the Office of Federal Contract Compliance Programs (OFCCP) that appeared to assert, for the first time, that federal contractors and subcontractors are...more

OFCCP Reminds Contractors to Certify Affirmative Action Plan Compliance Through the Contractor Portal

In a July 28, 2022 e-mail communication, OFCCP emphasized the need for federal government contractors to certify their compliance with the affirmative action plan (AAP) requirements of Executive Order 11246 through OFCCP’s...more

District of Columbia Provides Employment Protections for Off-Duty Cannabis Use

On June 7, 2022, the D.C. Council approved a bill that limits an employer’s ability to test for cannabis.  Under the Cannabis Employment Protections Amendment Act, most D.C. employers may not fire, fail to hire, or take other...more

Dobbs’ Impact on Employers

On June 24, 2022, the United States Supreme Court issued its long-anticipated ruling in Dobbs v. Jackson Women’s Health Organization. In Dobbs, the Supreme Court upheld Mississippi’s abortion restrictions making most abortion...more

OFCCP Identifies Contractors Selected for FY2022 Compliance Audits

On May 20, 2022, the Office of Federal Contract Compliance Programs (OFCCP) released its Corporate Scheduling Announcement List (CSAL), which identifies 400 federal supply and service contractor and subcontractor...more

Maryland Enacts New State Paid Family and Medical Leave Entitlement

Maryland recently joined nine other states (and the District of Columbia) in providing employees in the state with a right to paid family and medical leave.  Although employer contributions to the paid family and medical...more

OFCCP Directive on Compliance Evaluation Procedures Signals Renewed Focus on Enforcement

On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued its second Directive, No. 2022-02, of the Biden Administration.  The new Directive implements both procedural and substantive changes to...more

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