On July 17, 2019, the Pennsylvania Supreme Court held that the City of Pittsburgh’s Paid Sick Days Act (PSDA)—a 2015 ordinance that required businesses to provide paid sick leave to workers in the City—is valid....more
12/23/2019
/ Accrual Requirements ,
Accrued Benefits ,
Covered Employees ,
Covered Employer ,
Employee Benefits ,
Employer Liability Issues ,
Failure to Comply ,
Health and Safety ,
Labor Regulations ,
Local Ordinance ,
New Guidance ,
Notification Requirements ,
Paid Leave ,
Paid Time Off (PTO) ,
Penalties ,
Safe Leave ,
Sick Leave ,
Sick Pay ,
State and Local Government ,
Wage and Hour
Last week, the National Labor Relations Board (NLRB) released a proposed rule that would remove graduate and undergraduate students who perform work for pay in conjunction with their academic studies from the definition of an...more
On July 25, 2019, New Jersey passed a salary history ban, following in the footsteps of more than a dozen other states and cities that have already passed legislation intended to combat gender-based pay inequity. ...more
7/31/2019
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
After last week's bench order issued by Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia requiring the EEOC to collect a second year of EEO-1 pay data, the EEOC has made its choice of which...more
5/8/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Reporting Requirements ,
Retroactivity ,
Wage and Hour
In yet another example of the strong federal policy favoring arbitration embodied in the Federal Arbitration Act (FAA), U.S. District Court Judge Joel Slomsky of the Eastern District of Pennsylvania granted employer FC...more
In the latest twist in the EEO-1 pay data saga, the U.S. District Court for the District of Columbia accepted the Equal Employment Opportunity Commission's (EEOC) proposal that the deadline for submission of employee pay data...more
4/29/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
In an important ruling that further narrows the circumstances in which class arbitration will be permitted, the Supreme Court today held that under the Federal Arbitration Act (FAA)...more
As employers begin their annual EEO-1 reporting process for race, ethnicity, gender, and job category information, whether or not pay data will be part of that reporting remains up in the air....more
3/21/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
The time to act is now. Employers should take a look at their background check forms in light of a recent ruling of the U.S. Court of Appeals for the Ninth Circuit that state disclosures cannot be combined with the...more
As we begin 2019, employers nationwide must address a host of new obligations under state and local laws that will go into effect this year. With the decline in federal regulations under the Trump administration, states and...more
States and municipalities have tackled pay equity and minimum wage issues. Over the next few months, 19 states will see an increase in their minimum wage.
...more
States and municipalities have tackled pay equity and minimum wage issues. Regarding pay equity, there is a growing trend of laws and ordinances that place restrictions on employers when it comes to asking applicants about...more
2/7/2019
/ Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Beginning this year, employers in some states will be required to provide sexual harassment training for employees, including supervisors and management staff. Depending on the jurisdiction, the statute may dictate the...more
Employers should assess whether their employment practices— including benchmarking, recruitment, and the sharing of information about employee compensation—comply with antitrust law requirements in the face of increased...more
10/31/2018
/ Anticompetitive Behavior ,
Antitrust Provisions ,
Benchmarking ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Enforcement Actions ,
Hiring & Firing ,
Human Resources Professionals ,
Information Sharing ,
No-Poaching ,
Recruitment Policies ,
Wage-Fixing
Effective October 9, 2018, all New York State employers are required to adopt written sexual harassment prevention policies for employees and, within a year (by October 9, 2019), all employers must implement mandatory...more
10/9/2018
/ #MeToo ,
Anti-Harassment Policies ,
Civil Rights Act ,
Complaint Procedures ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Guidance Update ,
Harassment ,
Hostile Environment ,
Internal Reporting ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Title VII ,
Tone At The Top
New York Governor Andrew Cuomo on August 23, 2018, released for public comment a series of electronic draft materials and guidance as a follow-up to the State's sexual harassment law passed in April 2018. The public comment...more
8/28/2018
/ #MeToo ,
Anti-Harassment Policies ,
Complaint Procedures ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Hostile Environment ,
Internal Investigations ,
Internal Reporting ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
The Court overruled the 41-year-old decision in Abood v. Detroit Bd. of Ed., 431 U. S. 209(1977), which had authorized such mandatory fees, declaring that the state's extraction of agency fees from non-consenting...more
6/28/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
Stare Decisis ,
Union Dues
The U.S. Supreme Court on Monday ruled that employers can lawfully require employees to resolve employment disputes through individual arbitration rather than by joining other employees in class or collective actions....more
5/23/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
Mayor Bill de Blasio signed the "Stop Sexual Harassment in NYC Act" into law last week. The Act brings sweeping changes that affect all New York City employers. ...more
Businesses with employees in California may need to reevaluate whether their workers are independent contractors or employees in light of a recent decision by the California Supreme Court. ...more
5/16/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Risk Assessment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
More than 100 bills or resolutions related to sexual harassment and workplace misconduct have been introduced during the 2018 state legislative session, according to the National Conference of State Legislatures. ...more