On May 20, 2025, the U.S. Senate passed the “No Tax on Tips Act” with unanimous consent. The bill now heads to the U.S. House of Representatives.
If passed, the “No Tax on Tips Act” would allow employees in tipped...more
The United States Department of Labor (“DOL”) recently released a final rule that addresses the classification of workers as independent contractors under federal labor law. The rule goes into effect on March 11, 2024....more
1/15/2024
/ Department of Labor (DOL) ,
Economic Realities Test ,
Effective Date ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Multi-Factor Test ,
Totality of Circumstances Test ,
Wage and Hour
Effective December 31, 2023, the Chicago Paid Leave and Paid Sick and Safe Leave ordinance will replace the existing Paid Sick Leave ordinance. Under the new ordinance, employees accrue one hour of paid sick leave plus one...more
The National Labor Relations Board (NLRB) has implemented a final rule effective December 26, 2023, which broadens the criteria for determining “joint employer” status under the National Labor Relations Act (NLRA). This rule...more
With its implementation of the Creating a Respectful and Open World for Natural Hair (“CROWN”) Act in June, the City of Austin joins twelve states who have passed legislation amending the definition of the word “race” to...more
Beginning on July 12, any employer with 20 or more employees who has workers either working in or teleworking out of San Francisco will need to comply with the amended version of the Family Friendly Workplace Ordinance...more
In March, Florida’s legislature approved the “Stop Wrongs to Our Kids and Employees (WOKE) Act.” The bill restricts how workplaces and classrooms around the state handle discussions surrounding race, gender and...more
4/11/2022
/ Compliance Dates ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Gender Identity ,
Governor DeSantis ,
Public Schools ,
Race Discrimination ,
State Labor Laws
On February 10, 2022, the U.S. Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). Once signed into law, arbitration agreements and joint-action waivers are...more
Based on recent guidance from the Office of the General Counsel of the National Labor Relations, covered employers with unionized workers must engage their employees’ unions when developing their vaccination and/or testing...more
11/18/2021
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Coronavirus/COVID-19 ,
Employer Mandates ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Temporary Regulations ,
Unions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Employers may legally require their employees be vaccinated. Consistent with California’s FEHA, all employers with five or more employees have an affirmative duty to make a reasonable accommodation for any employee with a...more
On January 1, 2021, Georgia joined 41 other states in allowing a person to remove certain convictions from their criminal record after a period of “conviction-free” years. With the passage of SB 288, an individual of any age...more
On March 12, 2021, Governor Cuomo signed legislation granting both public and private employees time off to receive the COVID-19 vaccination. Under this new law, employees are entitled to receive paid, job-protected leave...more
Anticipated Changes in Labor Law Under the Biden Administration -
With a new administration in place since January 20, 2021, companies can anticipate some significant changes in labor and employment law, mostly favoring...more
3/19/2021
/ Biden Administration ,
Department of Labor (DOL) ,
DLSE ,
Federal Labor Laws ,
NLRB ,
No-Rehire Provisions ,
Pending Legislation ,
Settlement Agreements ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
On December 16, 2020, the EEOC updated its COVID-19 guidance to include guidelines pertaining to mandatory vaccinations in the workplace. The EEOC stated that the administration of the COVID-19 vaccination is not a “medical...more
Under the National Labor Relations Act, workers engaging in a “concerted activity” with other employees, such as a union organizer or representative discussing conditions of employment with an employer, qualifies as a...more
The fluctuating workweek formula applies to nonexempt, salaried employees whose hours vary widely from week to week. The formula allows employers to pay overtime hours at diminishing rates as long as they pay workers a...more
During the COVID-19 pandemic, employers are struggling to determine how to protect their current workforce. We’ve compiled a list of common inquiries regarding this pandemic....more
This week, the U.S. Supreme Court will hear a trio of cases asking whether federal law protects gay and transgender workers from discrimination. Currently, Title VII of the Civil Rights Act of 1964 makes it illegal for...more
10/14/2019
/ Civil Rights Act ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Sexual Stereotyping ,
Split of Authority ,
Title VII ,
Transgender
A recent federal court decision reminds employers that an employee’s electronic acceptance of an arbitration agreement may not, by itself, be enough to prove that the employee has agreed to arbitrate. In Shockley v....more
In January 2020, Nevada will become the first state to bar employers from refusing to hire a prospective employee due to a positive drug test for cannabis. The new law carves out some exceptions for employees who operate a...more