On March 29, 2023, the California Supreme Court put the final nail in the coffin of an employee’s claim that California Labor Code Section 204 requires employees to be paid on weekends.
The California high court declined...more
On April 25, 2023, four U.S. federal agencies issued a joint statement pledging to enforce federal laws to “promote responsible innovation” in the context of automated decision-making and artificial intelligence (AI) systems...more
4/27/2023
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Innovative Technology ,
Joint Policy Statements ,
Machine Learning ,
Technology Sector
Consideration of environmental, social, and governance (ESG) issues is becoming increasingly important for companies when conducting business and in dealings with investors and employees. The increased emphasis on ESG poses...more
4/24/2023
/ Climate Change ,
Commuting ,
Corporate Governance ,
Corporate Social Responsibility ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Hiring & Firing ,
Investors ,
Retirement Plan ,
Sustainability ,
Sustainable Business Practices
On April 20, 2023, the National Labor Relations Board (NLRB) imposed a host of expanded remedies against an employer that allegedly committed a number of repeated labor law violations in the context of collective bargaining....more
4/24/2023
/ Administrative Law Judge (ALJ) ,
Administrative Remedies ,
Collective Bargaining ,
Corporate Counsel ,
Employer Liability Issues ,
Enforcement Actions ,
Labor Law Violations ,
NLRB ,
Remedies ,
Statutory Violations ,
Unfair Labor Practices ,
Unions
On April 11, 2023, the New York State Department of Labor (NYSDOL) finalized updates to the state’s “Sexual Harassment Model Policy” that provides employers a template to aid their compliance with New York State laws...more
4/18/2023
/ Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Model Rules ,
Online Platforms ,
Remote Working ,
Retaliation ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws
The Occupational Safety and Health Administration (OSHA) recently took a major first step toward developing its anticipated standard regarding violence in the healthcare setting, titled “Prevention of Workplace Violence in...more
4/18/2023
/ First Responders ,
Healthcare Facilities ,
Home Health Agencies ,
Home Health Care ,
Hospitals ,
OSHA ,
Policies and Procedures ,
Proposed Rules ,
Psychiatric Hospitals ,
SBREFA ,
Small Business ,
Social Services ,
Specialty Healthcare ,
Workplace Violence
On April 14, 2023, the California Civil Rights Department (CRD) announced that it will consider providing employers two-month extensions on the upcoming May 10, 2023, deadline to comply with the state’s new pay data reporting...more
A California appellate court recently ruled that an employee may pursue claims under California’s Private Attorneys General Act (PAGA) that her former employer violated the state’s mandatory paid sick leave law.
On...more
On April 6, 2023, the New York City Department of Consumer and Worker Protection (DCWP) adopted highly anticipated final rules implementing the city’s law regulating the use of automated employment decision tools (AEDT) tools...more
The Supreme Court of the United States agreed to hear a case concerning a self-appointed “tester’s” standing to bring claims alleging a hotel violated the Americans with Disabilities Act (ADA) by failing to provide...more
4/10/2023
/ Americans with Disabilities Act (ADA) ,
Article III ,
Department of Justice (DOJ) ,
Disability Access Claims ,
Injury-in-Fact ,
Petition for Writ of Certiorari ,
SCOTUS ,
Split of Authority ,
Standing ,
Website Accessibility ,
Websites
A federal judge in Illinois recently ruled that online shoppers cannot sustain claims that a virtual try-on (VTO) tool that allegedly scans facial geometry to preview the look of sunglasses on their face violates the...more
4/7/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
E-Commerce ,
Exemptions ,
Facial Recognition Technology ,
Food and Drug Administration (FDA) ,
Medical Devices ,
Putative Class Actions ,
Subject Matter Jurisdiction
U.S. attorneys for the Southern District of New York and for the Eastern District of New York Damian Williams and Breon Peace recently announced a new policy that sets national standards for when corporations will receive...more
With states and municipalities across the country enacting pay transparency laws, a bill was recently introduced in Congress that would require disclosure of pay ranges to address concerns with pay equity nationwide....more
On March 22, 2023, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued a memorandum clarifying the Board’s February 2023 decision that nondisparagement and confidentiality provisions in...more
3/23/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employer Liability Issues ,
Guidance Update ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disparagement Provisions ,
Retroactive Application ,
Section 7 ,
Severance Agreements ,
Unfair Labor Practices
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
The shrieks of rubber-soled sneakers, blasts of air horns, whooshes of nets, and screams of fans are permeating arenas all over the country. It can only mean one thing — March Madness is once again upon us. ...more
The U.S. Equal Employment Opportunity Commission (EEOC) has expressed a renewed intention to enforce federal laws prohibiting discrimination in pay amid a reported persistent “pay gap” between women and men in the United...more
3/15/2023
/ Audits ,
Civil Rights Act ,
Corrective Actions ,
Data Collection ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Equal Pay Act ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Title VII ,
Transparency ,
Wage and Hour
The recently passed Pregnant Workers Fairness Act (PWFA), set to go into effect on June 27, 2023, will require employers to provide a reasonable accommodation to workers for known limitations related to pregnancy, childbirth,...more
On February 16, 2023, Manhattan District Attorney Alvin L. Bragg Jr. announced the creation of a special unit to “investigate and prosecute” wage theft, harassment, and exploitation of workers. He also announced the...more
Part of a recently passed pay predictability ordinance in Los Angeles is already causing some confusion for employers over a provision requiring retail employers to pay workers a premium for working a second shift within ten...more
On February 23, 2023, an administrative law judge for the National Labor Relations Board (NLRB) ruled that a Catholic university in Florida is exempt from the Board’s jurisdiction as a religious institution. But the case tees...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
The Occupational Safety and Health Administration (OSHA) has identified violence in healthcare settings as a significant occupational risk, and a new workplace violence standard for the healthcare industry could be on the...more
On February 22, 2023, the Supreme Court of the United States ruled that a former oil rig employee who was paid a daily rate that totaled more than $200,000 annually is entitled to overtime pay under the Fair Labor Standards...more