Retail Industry Workplace Law Update – Summer 2022

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OSHA Turns Up the Heat on Enforcement With New Heat Hazard Emphasis Program

The Occupational Safety and Health Administration has a new enforcement initiative that will target one of the agency’s top priorities: indoor and outdoor heat-related workplace hazards.

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EEOC, DOJ Release Expectations on Employers’ Use of Technology, AI for Employment Decisions

For decades, employers have used technology to help decision-making, from hiring to performance bonuses. While seemingly taking human biases out of the equation, the U.S. Equal Employment Opportunity Commission and the Department of Justice have voiced concerns over potential disability discrimination from the use of technology.

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OSHA Proposes Expanding Electronic Recordkeeping Rule to Add Smaller Employers

The Occupational Safety and Health Administration has published a proposed rule to restore and expand Obama-era requirements for high-hazard employers with at least 100 employees to submit their injury and illness forms electronically to the agency.

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U.S. Supreme Court Overturns Roe and Casey: What This Decision Means for Employers

As many expected based on the draft opinion that was leaked months ago, the U.S. Supreme Court has held the U.S. Constitution does not protect the right to obtain an abortion.

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U.S. Supreme Court Deals Blow to California’s Private Attorneys General Act

Bilateral arbitration agreements governed by the Federal Arbitration Act may require arbitration of California Private Attorneys General Act claims on an individual basis only, the U.S. Supreme Court has held.

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Delaware Paid Family and Medical Leave Law Signed

Delaware Governor John Carney has signed the Healthy Delaware Families Act, which provides up to 12 weeks of leave and benefits to covered employees for certain parental, family caregiving, and medical reasons.

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New Georgia Employment Laws Change Definition of Employment, Restrict Local Laws Regulating Work Hours

Georgia Governor Brian Kemp has signed into law two measures addressing the employment relationship. The first, Act 809, alters the definition of employment for purposes of unemployment benefits. The second, Act 823, precludes local governments from regulating the scheduling or work hours of a private business’s employees.

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Illinois Expands Unpaid Child Bereavement Leave to Cover Additional Family Members, Losses

Illinois has enacted amendments to the Child Bereavement Leave Act, expanding the law’s scope and renaming it the “Family Bereavement Leave Act” (FBLA). The amendments are effective January 1, 2023, and the two major purposes are to: (1) expand the definition of family members covered by FBLA; and (2) include fertility-related losses in the acceptable reasons an employee may use leave under the FBLA.

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Amendments to Puerto Rico 2017 Employment Law Reform Employers Need to Know

Puerto Rico Governor Pedro Pierluisi has signed into law changes reversing portions of the 2017 employment reform law.

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Washington to Require Salary Ranges in Job Postings Starting 2023

Effective January 1, 2023, Washington employers with at least 15 employees must affirmatively disclose the wage scale or salary range and a general description of all benefits and other compensation being offered when posting job openings, regardless of whether such information is requested by the applicant.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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