A new model “A Summary of Your Rights Under the Fair Credit Reporting Act” disclosure form document was released on September 12, 2018, by the Consumer Financial Protection Bureau (CFPB). Employers and background check...more
Beginning September 6, 2018, all New York City employers must distribute the New York City Commission on Human Rights’ mandatory fact sheet on the “Stop Sexual Harassment in NYC Act” to all new hires. Employers also may wish...more
A new Delaware law specifically addresses the prohibition against sexual harassment under the Delaware Discrimination in Employment Act (DDEA), sets an affirmative defense for employers, imposes mandatory notice distribution...more
The State of New York has issued draft guidance for employers on the mandatory sexual harassment prevention policies and annual employee training required by legislation passed earlier this year. Starting October 9, 2018, the...more
1.Business lobbyists reportedly are urging the Trump Administration to not re-nominate National Labor Relations Board (NLRB) Member Mark Gaston Pearce (D) for a third term. Pearce’s term at the five-member Board is scheduled...more
8/22/2018
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The New York City Commission on Human Rights has released a fact sheet and mandatory posting consistent with the “Stop Sexual Harassment in NYC Act.” Effective September 6, 2018, all New York City employers must conspicuously...more
The New York City Department of Consumer Affairs (DCA) Office of Labor Policy & Standards has released a mandatory posting, Frequently Asked Questions, and an overview for employers and workers called “What Employers/Workers...more
1.Public sector employees who are non-members of a union cannot be legally required to pay agency or “fair share” fees as a condition of employment, the U.S. Supreme Court has held in a 5-4 ruling. Janus v. AFSCME Council 31,...more
Starting on July 18, 2018, New York City employers are required to provide two temporary schedule changes to employees each calendar year for “personal events.” The law also protects employees from retaliation for making...more
1.The U.S. Supreme Court has ruled that class action waivers in employment arbitration agreements do not violate federal law. Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP et al. v. Morris et al., No. 16-300;...more
Beginning July 1, 2018, employers in Vermont will be prohibited from requiring a prospective employee to disclose his or her salary and benefit history under legislation (H.B. 294) signed by Governor Phil Scott on May 11,...more
Mandatory annual sexual harassment training for employees in New York City is one feature of a package of legislation targeting sexual harassment in the workplace signed by Mayor Bill de Blasio on May 9, 2018. Most private...more
Amendments to the New York City “Earned Safe and Sick Time Act” (ESTA) went into effect on May 5, 2018. Eligible employees under the ESTA will be able to use paid time off for circumstances resulting from the employee or a...more
A provision in the Massachusetts criminal justice reform law signed by Governor Charlie Baker amends the state’s restrictions on the questions employers may ask a job applicant regarding the applicant’s criminal history...more
New York’s Westchester County is the latest locality to adopt legislation prohibiting employers from asking prior salary histories of a prospective employee.
On Equal Pay Day, April 10, 2018, Westchester County Executive...more
1.The National Labor Relations Board (NLRB) continued to deal with tumult over the “joint-employer” issue. On March 1, the Board asked the U.S. Court of Appeals for the D.C. Circuit to resume considering an appeal of...more
The New York City Council passed a package of legislation on April 11, 2018, that will strengthen the City’s laws against harassment in the workplace. Mayor Bill de Blasio is expected to sign the legislation into law in the...more
Last month, the DOL announced the Payroll Audit Independent Determination program (“PAID”), a self-auditing program designed to encourage employers to uncover and voluntarily report potential minimum wage and overtime...more
Effective June 6, 2018, Washington will be the next state to implement “ban the box” legislation restricting employers from inquiring about a job applicant’s criminal background during the initial stages of the application...more
1.The National Labor Relations Board has vacated its decision in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (Feb. 26, 2018), and restored the Board’s union-friendly joint employer test set forth in...more
The New York City Council has introduced a package of legislation aimed at preventing sexual harassment in the workplace and strengthening the City’s anti-sexual harassment policies.
The legislation, introduced on March 7,...more
In a much-anticipated decision, the federal appeals court in New York has held that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on an individual’s sexual orientation. Zarda v. Altitude Express,...more
1.Management-side labor and employment lawyer John Ring has been nominated by President Donald Trump to fill the vacant seat on the five-member National Labor Relations Board. If confirmed, Ring would replace former-Board...more
State and local jurisdictions have continued to consider and enact legislation restricting employers from inquiring about a job applicant’s criminal background during the initial stages of the application process. Two of the...more
A new law passed by the New York City Council amends and significantly broadens the definitions of “sexual orientation” and “gender” in the New York City Human Rights Law (NYCHRL). The new law will become effective on May 11,...more