With the September 17, 2023 effective date for New York’s new pay range disclosure requirements approaching, state lawmakers recently amended the law to clarify the scope of remote jobs to which the law applies and to relieve...more
On March 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) announced that it will open its online Contractor Portal tool on March 31, 2023, for federal contractors and subcontractors to certify their...more
On February 22, 2022, the Superior Court of New Jersey Appellate Division ruled that a hospital employee discharged for disciplinary reasons was not entitled to payment of accrued paid time off (PTO) because the hospital had...more
On February 15, 2023, the Ninth Circuit Court of Appeals blocked a 2020 California law that attempted to prohibit employers from requiring employees and job applicants to agree to arbitration as a condition of employment. The...more
2/17/2023
/ Arbitration ,
Arbitration Agreements ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Federal Arbitration Act ,
Governor Newsom ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
Preemption ,
State Labor Laws ,
Unenforceable Contract Terms
Included in the defense spending bill signed by President Biden in December 2022 is a section with key provisions for financial institutions that will ease restrictions on hiring candidates with criminal records....more
1/27/2023
/ Background Checks ,
Banking Sector ,
Consent ,
Criminal Background Checks ,
Criminal Records ,
De Minimus Doctrine ,
Expungement ,
FDIA ,
FDIC ,
Final Rules ,
Financial Institutions ,
Hiring & Firing ,
NDAA ,
Preemption ,
Waivers
New York City is considering a bill known as the “Secure Jobs Act,” which would prohibit employers from discharging employees without “just cause” and advanced notice in most cases. Introduced on December 7, 2022, Int...more
On November 1, 2022, New York City’s pay transparency law went into effect, requiring most employers in New York City to post salary ranges in job advertisements, including postings for internal opportunities. The law, which...more
The White House, on October 4, 2022, unveiled its “ Blueprint for an AI Bill of Rights ,” outlining non-binding recommendations for the design, use, and deployment of artificial intelligence (AI) and automated systems...more
The panel of the Ninth Circuit Court of Appeals that largely upheld California’s law banning mandatory arbitration agreements in the employment context just withdrew its decision. On August 22, 2022, two of the three...more
8/29/2022
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Chamber of Commerce ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Mandatory Arbitration ,
Mandatory Arbitration Clauses ,
Preliminary Injunctions ,
Private Attorneys General Act (PAGA) ,
State Labor Laws
In a decision issued on August 11, 2022, the Nevada Supreme Court declined to recognize recreational marijuana use as a “lawful” activity for purposes of the state’s law providing employment protections for “lawful...more
Conducting criminal background checks on job candidates is a common practice for employers but one that raises a host of compliance concerns amid a series of federal, state, and local laws and regulations governing how and...more
On November 15, 2021, the city of Des Moines, Iowa, passed a “ban-the-box” law that will limit employer inquiries and background checks into an applicant’s criminal history until after a conditional offer of employment....more
California is considering new regulations on the use of technology or artificial intelligence (AI) to screen job candidates or make other employment decisions. If the regulations become law, California would be the first...more
5/16/2022
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
DFEH ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Machine Learning ,
New Guidance ,
Proposed Regulation ,
Screening Procedures
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), on May 12, 2022, issued guidance advising employers that the use of artificial intelligence (AI) and algorithmic...more