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EEOC Says Work-from-Home Not Guaranteed as Post-Pandemic Reasonable Accommodation

During the pandemic, many employers have permitted employees to work remotely/telework in an effort to slow the spread of COVID-19. As the incidence of the virus has subsided in certain geographic areas, employers have begun...more

Pennsylvania Requires Life-Sustaining Businesses to Implement Significant New COVID-19 Safety Measures

The Pennsylvania Secretary of Health issued an Order on April 15 imposing significant additional “safety measures” on life-sustaining businesses that have been permitted to maintain in-person operations during the coronavirus...more

CARES Act: What Employers Should Know About Expanded Unemployment Insurance Benefits

Workers facing unprecedented economic hardship due to the COVID-19 pandemic can potentially seek temporary relief under the enhanced unemployment insurance provisions of the CARES Act. This new law not only broadens...more

Understanding Paid Sick Leave and Family Leave in New York Following the Enactment of Families First Coronavirus Response Act

On Wednesday, March 18, 2020, Governor Cuomo signed Senate Bill 8091 (the “NY Act”) providing coronavirus COVID-19 relief for affected employees. Blank Rome’s Coronavirus Task Force covered the immediate enactment on our...more

Time to Start Collecting Pay Data—Judge Sets September 30 as Date for Filing of EEO-1s

As we reported last month Judge Tanya Chutkan of the United States District Court for the District of Columbia ruled on March 4 that the Office of Management and Budget (“OMB”) was to reinstate the EEOC’s 2016 pay reporting...more

Finally! U.S. Supreme Court to Weigh in on Title VII LGBTQ+ Protection

Just this morning, the U.S. Supreme Court finally agreed to hear three cases from the circuit courts that split on whether Title VII of the Civil Rights Act of 1964 protects against discrimination in the workplace based on...more

The Uncertain Future of Gender Pay Reporting

As you may recall, in 2016, the Equal Employment Opportunity Commission (“EEOC”) issued a Rule requiring private employers with more than 100 workers to include certain pay data, based on gender, race, and ethnicity, on their...more

Workplace Safety Incentive Programs and Post-Incident Drug Testing—Still Okay under OSHA but Don’t Discourage Accident Reporting

Many employers have implemented workplace safety incentive programs in an effort to reduce time lost to injuries or illness. The programs generally reward workers for reporting near-misses or hazards and/or reward employees...more

Update on New Jersey Paid Sick Leave Act

In an earlier post, we provided a preview of the New Jersey Paid Sick Leave Act. The Act goes into effect on October 29, 2018. Last week, the Department of Labor and Workplace Development, the state agency responsible for...more

NY Harassment Training Deadline Extended!

As we have advised you in previous blog posts, New York State has passed legislation mandating that employers adopt an anti-harassment policy and conduct harassment training for all employees. The law requires that, by...more

Maryland Jumps on Bandwagon—Adopts Paid Sick and Safe Leave Law

Joining Arizona, California, Connecticut, Massachusetts, Oregon, Vermont, and Washington, the Maryland Legislature enacted legislation requiring employers in Maryland to provide paid sick and safe leave to employees by...more

Single Racial Slur May Be Sufficient to Establish Workplace Harassment

Action Item: The Third Circuit Court of Appeals recently held that a single isolated use of a racial slur may be sufficient to establish unlawful workplace harassment. Background and Analysis: On July 14, 2017, a...more

Seventh Circuit Is First to Hold that Title VII Protects against Sexual Orientation Discrimination

Action Item: In a landmark decision yesterday, the United States Court of Appeals for the Seventh Circuit became the first federal circuit court in the nation to hold that discrimination based on sexual orientation is...more

Inclusion of Liability Waiver in FCRA Disclosures Violates the Act

Action Item: In a recent decision from the Ninth Circuit, which may have broad implications across the country, the Court held that an employer’s inclusion of a liability waiver as part of the Fair Credit Reporting...more

District Court Grants Injunctive Relief Blocking December 1 Implementation of New DOL Overtime Rule

Action Item: Yesterday, Judge Mazzant of the United States District Court for the Eastern District of Texas granted a nationwide preliminary injunction blocking the Department of Labor’s (“DOL”) new regulation governing the...more

What Does Trump's Win Mean for New Overtime Regulations?

Action Item: As December quickly approaches, do not forget that the U.S. Department of Labor’s (“DOL”) revisions to the “White Collar Exemption” regulations under the Fair Labor Standards Act (“FLSA”) are set to take effect...more

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