On January 10, 2023, New Jersey Governor Phil Murphy signed Assembly Bill No. 4768, allowing significant amendments to the Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN) to take effect on April 10, 2023,...more
On 5 January 2023, the Federal Trade Commission (FTC) released a Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule. The proposed rule, if adopted, would effectively ban the use of non-competes with...more
Unions were busy in 2022, making well-documented gains in organizing not seen for decades. At the end of the year, the National Labor Relations Board (NLRB or Board) lent unions support with a flurry of activity that likely...more
In welcome news for employers, the District of Columbia recently adopted the Non-Compete Clarification Amendment Act of 2022 (the Amended Act), which substantially revises the near-total ban on employee non-compete provisions...more
On July 19, 2022, the New York State Division of Human Rights (NYSDHR) launched a confidential hotline at 1-800-HARASS-3 to field complaints of sexual harassment in the workplace and provide legal assistance to New York...more
Governor Kathy Hochul is considering a bill that would require New York employers with four or more employees to include compensation information on advertisements for any job, promotion, or transfer opportunity....more
In 2019, in response to #MeToo, New Jersey amended its Law Against Discrimination (NJLAD) to ban from employment contracts or settlement agreements provisions intended to conceal the details of discrimination, retaliation, or...more
The Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) have each issued substantively similar technical assistance documents explaining how employers’ use of algorithmic decision-making...more
On April 28, 2022, the New York City Council passed a revised version of the New York City pay transparency law, which, among other things, pushes the effective date to November 1, 2022....more
The New York City pay transparency law remains likely to become effective May 15, 2022, despite a bill that has been introduced which would delay the effective date until November. ...more
Effective March 23, 2022, the Virginia occupational safety and health standard on COVID-19 (the Standard) has been revoked. The Standard established protocols that Virginia employers were required to follow to control,...more
In 2019, New Jersey amended its Law Against Discrimination (NJLAD) to include a provision purporting to ban agreements requiring employees to arbitrate claims arising under the NJLAD (Amendment). On February 15, 2022, a New...more
The Department of Labor’s (DOL) final rule implementing Executive Order 14026 (EO), which raises the minimum hourly wage from $10.95 to $15.00 for certain workers working on or in connection with covered federal contracts and...more
Beginning in April 2022, NYC employers with four or more employees must include the salary range of the position in job postings. The law, which passed on January 15 after the mayor did not take action to veto, amends the New...more
On January 13, the United States Supreme Court reinstituted a stay on the Occupational Safety and Health Administration Emergency Temporary Standard (OSHA ETS), which mandates that employers with 100 or more employees require...more
1/17/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted a stay on the Occupational Safety and Health Administration's "vaccination-or-test" Emergency Temporary Standard (ETS), allowing the ETS to take...more
On December 6, New York City announced that beginning December 27 it would require all private employers to require their employees to show proof of COVID-19 vaccination before entering the workplace. Since the announcement,...more
On November 10, the National Labor Relations Board (NLRB) Office of the General Counsel (GC), issued a memorandum with its position on unionized employers’ bargaining obligations when implementing the Occupational Safety and...more
11/18/2021
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Unions ,
Vaccinations ,
Virus Testing ,
Wage and Hour
On October 12, 2021, a court in the Northern District of New York preliminarily enjoined the New York State Department of Health’s (DOH) COVID-19 vaccination rule for healthcare employees to the extent it required employers...more
11/17/2021
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety