Author Info for Jackson Lewis P.C.

Michael Abitabilo

New York State Issues Revised Model Sexual Harassment Policy and Training Materials

New York has released an updated model sexual harassment prevention policy and updated model training materials. The revised model policy increases the emphasis on gender discrimination in the workplace, with a particular focus…more

Department of Labor (DOL), Employee Training, Gender Identity, Human Rights, New York

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Nadine Abrahams

Illinois BIPA’s Healthcare Exemption Not Limited to Patient Information, Illinois Supreme Court Rules

Healthcare workers’ alleged biometric information “collected, used, and stored to access medications and medical supplies for patient health care treatment” is excluded from coverage under section 10 of Illinois’ Biometric…more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Fingerprints

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Gil Abramson

Changes

The song “Changes,” written by Phil Ochs, provides an opportune prism to examine the arguably cataclysmic changes implemented and portended by the new employer-friendly majority at the NLRB at the end of 2017 and expected in…more

Employer Liability Issues, Joint Employers, Micro-Unions, NLRA, NLRB

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Allen Acosta

Governor Signs Budget Bill Putting Health Care Minimum Wage on Pause

On June 29, 2024, California’s Governor signed Senate Bill (SB) 159, a budget bill pertaining to healthcare. Within this budget bill were revisions to California’s health care worker minimum wage, further delaying the…more

Budgets, California, Delays, Department of Financial Services, Governor Newsom

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Joshua Adams

2024 FLSA Checklist for Employers in the Manufacturing Industry

Wage and hour issues continue to challenge most employers, especially those in the manufacturing industry. The manufacturing industry tends to be more process- and systems-oriented and generally employ many hourly workers who…more

Department of Labor (DOL), Doffing, Donning, Fair Labor Standards Act (FLSA), Manufacturers

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Stephanie Adler-Paindiris

U.S. Supreme Court Holds Door Open to Challenge Federal Regulations

The U.S. Supreme Court has held that a federal regulation can be challenged on its face long after the rule is issued by an agency. Corner Post, Inc. v. Bd. of Governors of the Federal Reserve System, No. 22-1008 (July 1, 2024)…more

Administrative Procedure Act, Consumer Financial Products, Corner Post Inc v Board of Governors of the Federal Reserve System, Debit and Credit Card Transactions, Financial Services Industry

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Zachary Ahonen

Evaluating Evaluations in the Manufacturing Workplace

Like all employers, manufacturers tend to hold strong opinions about the use of performance reviews and evaluations in the workplace. Whether performance reviews make sense for a given manufacturer usually requires an…more

Age Discrimination, Employee Evaluations, Employment Discrimination, Manufacturers, Performance Reviews

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Laura Ahrens

Department of Education Releases Final Rule Amending Title IX Regulations

The U.S. Department of Education has released its final amendments of the regulations to Title IX of the Education Amendments of 1972 regarding how educational institutions must handle allegations of sexual discrimination and…more

Amended Regulation, Department of Education, Educational Institutions, Grievance Process, Sex Discrimination

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Scott Allen

Service Animal Access to Healthcare Facilities

While people may be familiar with many of the rules relating to the admission of service animals into public venues, do the same rules apply when a patient or visitor seeks to enter a hospital, medical office, or other…more

Disability, Healthcare Facilities, Hospitals, Reasonable Accommodation, Service Animals

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Gregory Alvarez

SCOTUS’ Recent Affirmative Action Decision and the Ripple Effect on DEI and AI-Powered Recruiting Platforms

The recent U.S. Supreme Court decision striking down affirmative action in undergraduate admissions, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199 has significant implications for…more

Affirmative Action, Algorithms, Artificial Intelligence, Civil Rights Act, College Admissions

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Shiva Anari

California Labor Commissioner Issues Guidance For Statewide Right Of Recall

Several months after Governor Newsom signed into law a statewide right of recall statute affecting the hospitality industry and building services, the Labor Commissioner’s office finally issued a Frequently Asked Questions…more

Governor Newsom, Hiring & Firing, Layoffs, Right of Recall, State and Local Government

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Brett Anders

Class Action Trends Report, Fall 2021

The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom…more

Americans with Disabilities Act (ADA), Biometric Information, Class Action, Compensation, Coronavirus/COVID-19

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Christopher Anderson

Singapore: Employers of Record Can No Longer Sponsor Employment Passes for Foreign Entities’ Workers

The Singapore Ministry of Manpower (MOM) has stated that non-Singapore entities wanting to engage an individual in Singapore who is not a Singapore national or permanent resident may no longer engage an Employer of Record (EOR)…more

Foreign Nationals, Foreign Workers, Lawful Permanent Residents, Singapore, Wage and Hour

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Patricia Anderson Pryor

Impact of Ohio Legal Recreational Marijuana on Employers: All Smoke and No Fire?

In November 2023, Ohio passed a recreational marijuana law. Sales of recreational marijuana began on August 6 in the Buckeye State, and employers can expect an uptick in employee use. Employers’ rights with respect to marijuana…more

Hiring & Firing, Marijuana, Off-Duty Employees, Recreational Use, State Labor Laws

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Gregory Andrews

Illinois Labor Disputes Act Amended

Illinois has enacted two amendments to its Labor Disputes Act (820 ILCS 5). The first, HB 2907 (P.A. 103-0040), limits the amount of monetary damages an employer can recover stemming from a labor dispute. The second, HB 3396…more

Employer Liability Issues, Illinois, Labor Disputes, New Amendments, Protests

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Jason Anon

Amendment to Florida Civil Rights Act Restricts Concepts Employers Can Discuss in Training

Governor Ron DeSantis has signed HB 7, nicknamed the “Stop W.O.K.E. Act,” which stands for “Stop the Wrongs to Our Kids and Employees.” The new law’s stated purpose is to protect individual freedoms and prevent discrimination in…more

Civil Rights Act, Discrimination, Diversity, Employee Training, Governor DeSantis

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Nancy Arencibia

SCOTUS Declines To Decide Whether Objective Falsity Is Required To Establish Liability Under FCA

The question of whether the False Claims Act (FCA) requires a showing of objective falsity will continue to divide the circuit courts following the U.S. Supreme Court’s decision not to address the issue. To establish…more

Certiorari, False Claims Act (FCA), Health Care Providers, Healthcare Fraud, Liability

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Julia Argentieri

Cook County, Illinois Implements Final Rules on Paid Leave Ordinance: Employer FAQs

Under the Cook County Paid Leave Ordinance, most employers in Cook County, Illinois, must provide their employees in the county up to 40 hours of paid leave that can be used for any reason. The Cook County Commission on Human…more

Employee Benefits, Employment Policies, Illinois, Joint Employers, Notice Requirements

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Martin Aron

New Jersey Enacts ‘Bill of Rights’ for Temporary Workers

New Jersey Governor Phil Murphy has signed into law the “Temporary Workers’ Bill of Rights,” providing temporary workers significant rights regarding their employment through temporary help service firms. Notice obligations for…more

Anti-Retaliation Provisions, Governor Murphy, Recordkeeping Requirements, State Labor Laws, Temporary Employees

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Carol Ashley

Department of Education Releases Final Rule Amending Title IX Regulations

The U.S. Department of Education has released its final amendments of the regulations to Title IX of the Education Amendments of 1972 regarding how educational institutions must handle allegations of sexual discrimination and…more

Amended Regulation, Department of Education, Educational Institutions, Grievance Process, Sex Discrimination

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Mark Askanas

Retail Industry Workplace Law Update – Spring 2023

The Year Ahead in Caffeinated Organizing- With a White House and National Labor Relations Board that are more pro-labor than most recent past administrations, a “labor renaissance” will be the overarching theme of 2023…more

Day-Rate Pay, Distributors, Employment Discrimination, Fair Workweek, Federal Arbitration Act

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Raha Assadi

Texas Expands Sexual Harassment Protections For Employees, Exposure For Employers And Individuals

Beginning September 1, 2021, Texas employers of any size may be sued for sexual harassment in the workplace under legislative changes (SB 45) passed by the Texas legislature. SB 45 also expands liability to include individuals…more

Anti-Retaliation Provisions, Employer Liability Issues, Investigations, Sexual Harassment, State Labor Laws

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Clifford Atlas

Battle Over/War Isn’t: Employer Considerations Now That FTC Non-Compete Ban Is Set Aside

A Texas court has set aside the Federal Trade Commission’s (FTC’s) Final Rule banning almost all non-compete clauses days before it was set to take effect on Sept. 4. Ryan LLC v. FTC, No. 3:24-CV-00986-E, 2024 U.S. Dist. LEXIS…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, Florida, FTC Act

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Maya Kaplan Atrakchi

Understanding the EU Pay Transparency Directive

At one time largely a U.S. concern, pay equity and transparency have rapidly become globally important to all multinational companies wherever headquartered. The EU Pay Transparency Directive is a milestone adopted with clear…more

Canada, Disclosure Requirements, Equal Pay, EU, Gender-Based Pay Discrimination

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Nathan Austin

Getting Ready for the Holidays and Pay

As we approach the holiday season, employers may have uncertainty about handling holiday pay and related issues with holiday closures. Under California law, hours worked on holidays, Saturdays, and Sundays are treated like…more

California, Holiday Pay, Holidays, State and Local Government, State Labor Laws

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Débora Avelino

BREAKING NEWS: OFCCP Releases New Audit Scheduling List (CSAL)

OFCCP released Friday a new list of supply and services contractors and subcontractors selected for audit (FY 2024 CSAL Supply & Service Scheduling List, Release – 1). The list identifies 500 compliance reviews among…more

Audits, Contractor Audits, CSALs, Federal Contractors, OFCCP

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Robyn Aversa

Bill Would Revise New Jersey Law Against Discrimination To Limit Employment Agreements

A bill in the New Jersey State Senate would effectively prohibit jury waivers, arbitration clauses, and non-disclosure provisions related to claims under the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1, et seq…more

Employer Liability Issues, Employment Contract, Mandatory Arbitration Clauses, Non-Discrimination Rules

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Shannon Azzaro

New York State Budget Includes Enhanced Employer Obligations

The New York State enacted budget for fiscal year 2024 changes employers’ obligations by adding paid leave for prenatal care, converting unpaid break time for purposes of expressing breast milk into paid time, and incorporating…more

Coronavirus/COVID-19, Healthcare, Lactation Accommodation, New York, Paid Leave

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Phillip Baggett

Ten Days Until the Texas Data Privacy and Security Act Goes Live & AG’s Office Signals “Aggressive Enforcement”

With the Texas Data Privacy and Security Act (TDPSA) on the verge of taking effect on July 1, 2024, the State’s Attorney General, Ken Paxton, recently launched an initiative for “aggressive enforcement of Texas privacy laws.” …more

California Consumer Privacy Act (CCPA), COPPA, Corporate Counsel, Data Privacy, Data Security

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Tammy Baker

Full Eleventh Circuit Finds That Plaintiffs Lack Standing In Alabama Lawsuit Challenging State Prohibition Of Local Minimum Wage Laws

In a closely-split decision by the full court of appeals, the Eleventh Circuit has held that the plaintiffs lacked standing to pursue their claims against the named defendants in the lawsuit, specifically, the Attorney General…more

Local Ordinance, Minimum Wage, Standing, Wage and Hour

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Preeya Bansal

Philadelphia’s COVID-19 Sick Leave Law Expires

Philadelphia’s COVID-19 Supplemental Paid Sick Leave law expired on December 31, 2023. As a result, as of January 1, 2024, employers are no longer required to provide additional paid sick leave to employees when they are absent…more

Coronavirus/COVID-19, Healthy Workplaces Healthy Families Act 2014, Paid Sick Leave, Sick Leave

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Daniel Barker

Strings Attached: Accepting COVID-19 Financial Relief Could Limit Ability To Oppose Union Organizing

Businesses that seek financial assistance under the Coronavirus Aid, Relief, and Economic Security (CARES) Act will be subject to several unique restrictions that could dramatically affect a company’s future. While the pending…more

CARES Act, Collective Bargaining, Coronavirus/COVID-19, Corporate Counsel, Federal Loans

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Justin Barnes

Fifth Circuit Holds DOL Can Set Salary Floor for White-Collar Exemptions

The U.S. Department of Labor (DOL) has statutory authority to impose a salary level requirement to qualify for the executive, administrative, and professional (EAP) exemptions under the Fair Labor Standards Act (FLSA), the U.S…more

Constitutional Challenges, Department of Labor (DOL), EAP, Exempt-Employees, Fair Labor Standards Act (FLSA)

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Kathryn Barry

U.S. Supreme Court Rules on Narrow Jurisdictional Question in Fractured Opinion

In a 5-4 decision, the U.S. Supreme Court has upheld Pennsylvania’s “registration statute,” which requires corporations that register to do business in Pennsylvania to consent to the “general personal jurisdiction” of…more

Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment, General Jurisdiction

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Isaac Baskin

What Medical Expenses Qualify as Tax Deductible Under Section 213 Of The Internal Revenue Code?

On March 17, 2023, the Internal Revenue Service (IRS) issued new frequently asked questions (FAQs) addressing whether certain costs related to nutrition, wellness, and general health are medical expenses under Sec. 213 of the…more

FSA, HRA, Internal Revenue Code (IRC), IRS, Medical Expenses

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Stacey Bastone

Reminder: Illinois Equal Pay Registration Certificate Reporting Deadline is March 23, 2024

The Illinois Equal Pay Act requires all private businesses with at least 100 Illinois employees to obtain an Equal Pay Registration Certificate (EPRC) by March 23, 2024. To obtain a certificate, businesses must pay a $150…more

Equal Employment Opportunity Commission (EEOC), Equal Pay Act, Illinois, Registration, State Labor Departments

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Kristin Bauer

Refreshing Whistleblower Processes for the Remote Workplace: Best Practices

At the onset of COVID in 2020, the Wall Street Journal reported that over a three-month period, there were a deluge of tips, complaints and possible referrals to the U.S. Securities and Exchange Commission (“SEC”). More…more

Employer Liability Issues, Policies and Procedures, Securities and Exchange Commission (SEC), Whistleblower Awards, Whistleblower Protection Policies

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Lori Bauer

New York City Releases Enforcement Guidance On Race Discrimination On Basis of Hair

Legal enforcement guidance on race discrimination on the basis of hair from the New York City Commission on Human Rights affirms that employer policies on appearance and grooming that ban, limit, or otherwise restrict natural…more

Employer Liability Issues, Employment Discrimination, NYCCHR, NYCHRL, Race Discrimination

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Michaelle Baumert

Illinois Amends Nurse Agency Licensing Act to Bar Non-Competes, Add Reporting, Contract Obligations

Amendments to the Illinois Nurse Agency Licensing Act (HB 4666) aim to promote transparency and protections for healthcare workers, but, in practice, they make it more difficult for nurse staffing agencies to retain employees…more

Freedom To Work Act, Healthcare Workers, Illinois, Non-Compete Agreements, Nurses

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Alan Bayless Feldman

Tucson, Arizona Voters Pass Sweeping Wage & Hour Initiative, Including $15 Minimum Wage

By a 65% to 35% margin, on November 2, Tucson, Arizona, voters passed Proposition 206, officially known as the Tucson Minimum Wage Act, increasing the City’s minimum wage to $15.00 an hour by 2025. In addition, the Act includes…more

ABC Test, Arizona, Cost-of-Living Adjustment (COLA), Department of Labor (DOL), Employee Rights

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Kristen Baylis

Connecticut Requires Implicit Bias Training For Police

Connecticut Governor Ned Lamont has signed a bill that requires the police to undergo “implicit bias training” effective immediately. The Connecticut General Assembly convened in a special session to consider a comprehensive…more

Bias, Black Lives Matter, Governor Lamont, Law Enforcement, Police

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Evan Beecher

How Can Implicit Bias Training in the Real Estate Industry Achieve Enhanced Effectiveness?

In recent years, the nation has made efforts to raise awareness of implicit bias in employment and across industry groups. The real estate industry has seen states, such as California and New York, requiring real estate…more

Bias, Continuing Education, Discrimination, Real Estate Professionals, Training

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Andrew Bellwoar

Court Enjoins Key Provisions of Davis-Bacon Prevailing Wage Final Rule for Construction Contractors

A federal judge in Texas has blocked the U.S. Department of Labor (DOL) from enforcing several provisions of its prevailing wage final rule under the Davis-Bacon and Related Acts (DBA) for construction contractors. Associated…more

Construction Industry, Construction Project, Construction Workers, Contractors, Davis-Bacon Act

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John Bennett

Justice Department Issues Employer Fact Sheet on Discrimination and Form I-9 Software Programs

The Department of Justice (DOJ) has issued a new Employer Fact Sheet alerting employers about avoiding unlawful discrimination and other Form I-9 violations when using commercial or proprietary programs to electronically…more

Anti-Discrimination Policies, Department of Justice (DOJ), E-Signatures, E-Verify, Electronic Records

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Kimberly Bennett

Understanding How U.S. Export Controls Affect Manufacturers’ Hiring Practices

The U.S. government has adjusted export control regulations in an effort to protect U.S. national security interests. The revisions primarily affect export of electronic computing items and semiconductors to prevent foreign…more

Anti-Discrimination Policies, Civil Rights Act, Export Administration Regulations (EAR), Export Controls, Foreign Nationals

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Kelvin Berens

Arizona Legislature Considers Emergency Measures On Unemployment Benefits; Governor Announces EO

In response to the coronavirus (COVID-19) pandemic, Arizona has enacted a new provision appropriating $55 million from its budget stabilization fund to the public health emergencies fund to pay the expenses of public health…more

Coronavirus/COVID-19, Emergency Management Plans, Infectious Diseases, Public Health, Unemployment Insurance

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Michael Bergman

Upcoming E-Verify Account Login Changes

E-Verify will enhance security for account logins later this year. The system will require multi-factor (or two-step) authentication, meaning that, in addition to a password, users may need to enter a code sent to their email or…more

E-Verify, Form I-9, Immigration Procedures, Multi-Factor Authentication, USCIS

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Thomas Berry Jr.

Illinois Amends Temp Worker Law, Boosting Employer Obligations

The Illinois Day and Temporary Labor Services Act (IDTLSA) has been amended for the third time in the last year. Codified as Public Act 103-1030, the amendments clarify employers’ and staffing agencies’ obligations on equal pay,…more

Collective Bargaining, Equal Pay, Illinois, Labor Disputes, Staffing Agencies

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Michael Bertoncini

Nuanced Privacy Laws Means Healthcare Organizations Should Prioritize Protecting Personal Information

The healthcare industry is among the most highly regulated industries when it comes to privacy protections. In addition to the federal Health Insurance Portability and Accountability Act (HIPAA), healthcare providers also must…more

Audits, California Consumer Privacy Act (CCPA), Cybersecurity, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Veena Bhatia

First Things First – Initial Steps for Employers Expanding into the Golden State

With a state as large and diverse as California, it appeals to businesses. However, the state’s unique employment law requirements can pose challenges to employers new to the state. The following are some action items employers…more

California, EDD, EIN, Employee Benefits, Hiring & Firing

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Pooja Bhutani

Changing Healthcare Wage Trends: How to Stay Competitive in a Dynamic Market

With 2023 underway, healthcare organizations continue to prioritize employee retention and recruitment in the face of economic trends impacting the healthcare industry, such as significant staff shortages, employee turnover, a…more

Employee Retention, Healthcare Facilities, Healthcare Workers, Labor Shortage, Minimum Wage

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Jackson Biesecker

How Modern Manufacturing Plants Can Protect Against Ransomware, Cyberattacks

To help protect against criminal ransomware and cyberattacks, modern manufacturing plants should ensure they have reasonable physical, administrative, and technical safeguards in place…more

Cyber Attacks, Cybersecurity, Data Protection, Data Storage, Manufacturers

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Matthew Biggers

Fifth Circuit Remands ESG Rule in First ERISA Test Case Post-Chevron

In its recent decision in State of Utah v. Su, the Fifth Circuit remanded a challenge to the Department of Labor’s (DOL) environmental, social, and governance (ESG) rule for investing in defined contribution retirement plans…more

Chevron Deference, Chevron v NRDC, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Environmental Social & Governance (ESG)

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Cooper Binsky

New York Enacts Law Limiting Employee Assignment of Inventions

On September 15, 2023, New York Governor Kathy Hochul signed into law a new section of the New York Labor Law limiting the assignment of inventions by employees to their employers. Specifically, Section 203-f of the Labor Law…more

Assignment of Inventions, Employment Contract, Intellectual Property Protection, Inventions, New Legislation

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Daniel Blanchard

Philadelphia’s COVID-19 Sick Leave Law Expires

Philadelphia’s COVID-19 Supplemental Paid Sick Leave law expired on December 31, 2023. As a result, as of January 1, 2024, employers are no longer required to provide additional paid sick leave to employees when they are absent…more

Coronavirus/COVID-19, Healthy Workplaces Healthy Families Act 2014, Paid Sick Leave, Sick Leave

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H. Matthew Blasko

OSHA’s New Walkaround Rule Raises Unionization, Constitutional Concerns for Employers

The U.S. Department of Labor has announced a final rule that will reshape the future dynamic of Occupational Safety and Health Administration (OSHA) inspections. The rule aims to clarify (but instead expands) the rights of…more

Department of Labor (DOL), Employee Representatives, Fourteenth Amendment, OSHA, Proposed Rules

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David Block

GC Memo Summarizes NLRB Decisions About Duty To Bargain in Emergency Situations

Peter B. Robb, the General Counsel (GC) of the National Labor Relations Board (NLRB) has issued a Memorandum setting forth summaries of NLRB decisions about unionized employers’ duty to bargain in emergency situations. The…more

Collective Bargaining, Coronavirus/COVID-19, NLRB, NLRB General Counsel

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Alessandro Botta Blondet

Accommodations Developments Add Scheduling Challenges for Retailers

For retail establishments, developments involving religious accommodation and the new Pregnant Workers Fairness Act (PWFA) make scheduling employees more challenging. Religious Accommodation- The U.S. Supreme Court…more

Americans with Disabilities Act (ADA), Civil Rights Act, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy, Pregnant Workers Fairness Act

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Ian Bogaty

OSHA’s New Walkaround Rule Raises Unionization, Constitutional Concerns for Employers

The U.S. Department of Labor has announced a final rule that will reshape the future dynamic of Occupational Safety and Health Administration (OSHA) inspections. The rule aims to clarify (but instead expands) the rights of…more

Department of Labor (DOL), Employee Representatives, Fourteenth Amendment, OSHA, Proposed Rules

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Gabrielle Bohannon

How Construction Employers Can Avoid Common Wage & Hour Claims

Employer wage and hour violations of the Fair Labor Standards Act (FLSA) and other applicable state laws are some of the most frequent in the construction industry. They are often the costliest an employer can make. However,…more

Construction Industry, Davis-Bacon Act, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA)

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Jenifer Bologna

EEOC Issues Final Regulations to Implement the Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC) has issued final regulations and Interpretative Guidance to implement the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023. The PWFA requires…more

Equal Employment Opportunity Commission (EEOC), Final Rules, Pregnant Workers Fairness Act, Public Comment, Reasonable Accommodation

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Nicholas Bonelli

FDIC Revises Section 19 Regulations for Institutions Hiring Persons Convicted of Certain Crimes

The Federal Deposit Insurance Corporation (FDIC) has revised its regulations on Section 19 of the Federal Deposit Insurance Act to conform with the previously enacted Fair Hiring in Banking Act (FHBA). The FHBA paved the way for…more

Banks, Breach of Trust, Criminal Convictions, Depository Institutions, FDIC

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Mitchell Boomer

A Reminder of Minimum Wage Increases Coming in the New Year

California’s drive toward a 15-dollar minimum wage for all employers continues. Effective January 1, 2022, the minimum wage for employers with 25 employees or less will increase to $14.00 per hour, and for employers with 26 or…more

California, Minimum Wage, State and Local Government, State Labor Laws, Wage and Hour

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Emily Borna

Criminal Background Checks in Manufacturing Industry: Managing Employers’ Legal Obligations

Smart hiring often includes a post-offer criminal background check on the job candidate to help employers make informed decisions. This practice can reveal potential employment risks like theft, workplace violence, or workplace…more

Background Checks, Civil Rights Act, Criminal Background Checks, Equal Employment Opportunity Commission (EEOC), Manufacturers

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James Botana

Chicago Adopts New Sexual Harassment Prevention Obligations for Employers

The Chicago City Council has created new employer obligations to provide training to employees and supervisors on sexual harassment prevention and how bystanders should respond to sexual harassment…more

Bystander, City of Chicago, Employee Training, Sexual Harassment, Wage and Hour

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Tanya Bovée

EEOC Commissioner Andrea Lucas Discusses Workplace DEI

Jackson Lewis Principal and Board Member Tanya Bovée interviewed U.S. Equal Employment Opportunity Commission (EEOC) Commissioner Andrea Lucas at Jackson Lewis’ Workplace Horizons conference in Las Vegas on April 17, 2024. …more

Diversity and Inclusion Standards (D&I), Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Muldrow v City of St Louis, Race Discrimination

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Beth Boyer

Changes Coming to U.S. Citizenship Test

Green card holders who seek naturalization are required to pass a civics test and demonstrate English proficiency. The test used for this was developed in 2008, and the Biden Administration has announced it is updating the test…more

Citizenship, Green Cards, Immigration Procedures, Joe Biden, Naturalization

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Katlyn Brady

Beat the Heat: Nevada’s Response to OSHA’S Heat Illness National Emphasis Program Focuses on Prevention and Inspections

Federal OSHA previously announced the creation of the Heat Illness National Emphasis Program (NEP) and signaled its intent to take a more proactive approach to prevent heat related illnesses. Now various states, including…more

Employer Liability Issues, Health and Safety, Heat Exposure, NEP, Nevada

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Caroline Braga

U.S. Supreme Court Decision Limits SEC’s Ability to Use Administrative Proceedings in Fraud Cases

The U.S. Supreme Court held that when the Securities and Exchange Commission (SEC) seeks civil penalties against a defendant for securities fraud, the Seventh Amendment of the U.S. Constitution entitles the defendant to a jury…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Article III, Government Agencies

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Jeffrey Brecher

Fifth Circuit Holds DOL Can Set Salary Floor for White-Collar Exemptions

The U.S. Department of Labor (DOL) has statutory authority to impose a salary level requirement to qualify for the executive, administrative, and professional (EAP) exemptions under the Fair Labor Standards Act (FLSA), the U.S…more

Constitutional Challenges, Department of Labor (DOL), EAP, Exempt-Employees, Fair Labor Standards Act (FLSA)

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Manda Brefo

USCIS Removes Validity Period on Immigration Medical Exam Form I-693

Medical examinations and vaccination records properly completed and signed by a civil surgeon after Nov. 1, 2023, can be used indefinitely, USCIS has announced. There is no longer any expiration date. Form I-693, Report of…more

Centers for Disease Control and Prevention (CDC), Foreign Nationals, Green Cards, Immigration Procedures, Medical Examinations

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Luke Breslin

Pay Transparency Requirements Impacting the Retail Industry

As more state and local pay transparency laws are enacted throughout the country, retail industry employers face a new challenge in an ever-evolving industry. State Pay Transparency Laws Pay transparency laws are in effect in…more

Hiring & Firing, Job Ads, Pay Transparency, Retailers, Third-Party

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Jade Brewster

Local Ordinance, Massive Implications: Sonoma County Supplemental Paid Sick Leave

Changes in local regulations across California continue to shift the legal landscape for employers, bringing massive implications to their business. On August 18, 2020, Sonoma County passed a paid sick leave ordinance (the…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Healthcare Workers, Local Ordinance, Paid Sick Leave

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Alondra Margarita Bribiesca

Customs and Border Protection Offers Tips to Avoid Summer Travel Delays

To avoid delays, U.S. Customs and Border Protection (CBP) wants to remind everyone who will be traveling this summer about its technologies, including lots of mobile apps, that will help streamline the reentry process for…more

Customs and Border Protection, International Travel, Mobile Apps, Travel Delays, Travelers

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Amanda Brody

Biden Administration To Review Title IX Policies And Regulations And Establish Gender Policy Council

The Department of Education has been directed to review all policies on sex and gender discrimination (including sexual violence) in schools under an executive order issued by the Biden administration on March 8, 2021. The…more

Attorney General, Biden Administration, Department of Education, Domestic Policy, Executive Orders

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Jeffrey Brody

Massachusetts to End COVID-19 Emergency Paid Sick Leave

The Massachusetts COVID-19 Emergency Paid Sick Leave Program will end on March 15, 2022, the state has announced. On February 28, 2022, the Executive Office for Administration and Finance sent official notice to employers…more

Coronavirus/COVID-19, Paid Leave, Reimbursements, Sick Leave, State Labor Laws

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Gregory Brown Jr.

Out of Sync: Mitigating Data Privacy and Security Risks Stemming From Data Syncing Across Devices

With organizations holding more and more data digitally, there is an increased need to ensure data remains accessible across the organization at any given time. To that end, many organizations use tools that synchronize the…more

Cloud Storage, Data Collection, Data Protection, Data Security, Former Employee

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Jayvon Brown

U.S. Senators Reintroduce Bipartisan NCAA Accountability Act

Tennessee Senator Marsha Blackburn (R) and New Jersey Senator Cory Booker (D) have reintroduced the “NCAA Accountability Act.” This follows multiple hearings held over the past few years on NCAA operations, including how the…more

Arbitration, Department of Justice (DOJ), Investigations, Name and Likeness, NCAA

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Jared Bryan

Returning To Work After Testing Positive For COVID-19

With the increase in COVID-19 cases in California and across the nation, employers are faced with a number of new challenges in the workplace, one of which is determining when employees may return to work after they have tested…more

CDPH, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, DFEH, Equal Employment Opportunity Commission (EEOC)

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John Bryson II

How the U.S. Supreme Court’s Affirmative Action in Student Admissions Decision Affects Employers

The U.S. Supreme Court held that the use of race in university and college admissions is unconstitutional. Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, together with Students for…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Fourteenth Amendment

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Monica Bullock

New Requirement for Labor Commissioner to Develop Whistleblower Posting for Employers

California’s Governor signed Assembly Bill (AB) 2299 on July 15, 2024, which requires the state’s Labor Commissioner to develop a model list of employee rights and responsibilities under existing whistleblower laws. Employers…more

California, Employee Rights, Labor Commissioners, State Labor Laws, Wage and Hour

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Laura Bunting

Retailers Must Ensure Compliance With Federal, State Child Labor Regulations

The end of the school year and the beginning of summer will bring a surge of school-age workers into the workplace as government scrutiny over employment of young workers is increasing. The Department of Labor (DOL) and…more

Child Labor, Department of Health and Human Services (HHS), Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minors

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Jennifer Burgess

What U.S. Supreme Court Decision on Standing Tells Us About Challenges to Corporate DEI Initiatives

The U.S. Supreme Court held that a group of doctors, nurses, and medical associations did not have the right under the U.S. Constitution, a doctrine known as “standing,” to challenge Food and Drug Administration (FDA)…more

Abortion, Alliance for Hippocratic Medicine v Food and Drug Administration, Article III, Causation, Discrimination

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M. John Burgess

You Don’t Have To Go Home, But You Can’t Stay Here

It’s 2024, which means a new batch of provisions from SECURE Act 2.0 have gone into effect. One of the more significant ones is an increase in the “cashout” limit that a qualified plan can impose to kick former employees with…more

401k, Accrued Benefits, American Taxpayer Relief Act, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Tara Burke

Scope of Accommodations Required Under PWFA Narrowed in Louisiana and Mississippi

On the eve of the effective date of the Equal Employment Opportunity Commission’s (EEOC’s) final Pregnant Workers Fairness Act (PWFA) regulations (Final Rule), a federal court in Louisiana postponed the effective date of what…more

Abortion, Consolidated Appropriations Act (CAA), Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnant Workers Fairness Act

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Teresa Burke Wright

Reports Confirm Need for Employers to Foster Inclusive Work Environment for Black, LGBTQIA+ Youth

Both The Trevor Project and the Human Rights Campaign have released reports detailing the challenges faced by Black LGBTQ+ youth in the United States and the importance of acceptance and support to ensure these young people are…more

Discrimination, LGBTQ, Non-Discrimination Rules, Race Discrimination, Wage and Hour

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Isaac Burker

WARN Act Issues to Navigate for the Restaurant Industry

Restaurants’ plans for temporary or permanent closures or layoffs could trigger the notice requirements of the federal Worker Adjustment and Retraining Notification Act (WARN Act) or the many state mini-WARN Acts enacted across…more

Business Closures, Business Interruption, Employer Liability Issues, Layoffs, Restaurant Industry

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Erica Bury

Illinois BIPA’s Healthcare Exemption Not Limited to Patient Information, Illinois Supreme Court Rules

Healthcare workers’ alleged biometric information “collected, used, and stored to access medications and medical supplies for patient health care treatment” is excluded from coverage under section 10 of Illinois’ Biometric…more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Fingerprints

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Philip Cai

Updated New York WARN Act Regulations Address Post-Pandemic Environment, Add Employer Obligations

The New York State Department of Labor (NYSDOL) has released amended New York State Worker Adjustment and Retraining Act (NYS WARN) Regulations that, in large part, respond to the unique issues presented during the COVID-19…more

Coronavirus/COVID-19, Layoff Notices, Layoffs, New York, Notice Requirements

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Alyssa Calabrese

On the Horizon: New Standards for Collecting and Presenting Race and Ethnicity Data

As organizations are preparing and filing the 2023 EEO-1 Data Collection reports, (deadline is June 4th) there’s a change on the horizon for future reporting. For the first time in over twenty-five years, in March, 2024 the…more

Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Ethnicity, Federal Contractors

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Matthew Camardella

How the U.S. Supreme Court’s Affirmative Action in Student Admissions Decision Affects Employers

The U.S. Supreme Court held that the use of race in university and college admissions is unconstitutional. Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, together with Students for…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Fourteenth Amendment

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Brandon Campbell

The ADA and Visual Disabilities in the Workplace

The Equal Employment Opportunity Commission (EEOC) issued new technical assistance document (“TAD”), “Visual Disabilities in the Workplace and the Americans with Disabilities Act,” addressing how the Americans with Disabilities…more

Americans with Disabilities Act (ADA), Disability, Equal Employment Opportunity Commission (EEOC), Hiring & Firing, Reasonable Accommodation

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Catherine Cano

EEOC Issues Final Regulations to Implement the Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC) has issued final regulations and Interpretative Guidance to implement the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023. The PWFA requires…more

Equal Employment Opportunity Commission (EEOC), Final Rules, Pregnant Workers Fairness Act, Public Comment, Reasonable Accommodation

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Robert Capobianco

Georgia Enacts Emergency COVID-19 Rule Requiring Employers To File Claims For Partial Unemployment

The Georgia Department of Labor has passed an emergency rule requiring employers to file claims for partial unemployment benefits online on behalf of employees who have been temporarily laid off or have had their hours reduced…more

Coronavirus/COVID-19, Furloughs, Layoffs, Unemployment Benefits

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Adam Carlisle

Where Does the End of Chevron Deference Leave ERISA?

For the last 40 years, judges were required to defer to administrative agencies’ reasonable interpretations of ambiguous federal statutes under Chevron v. Natural Resources Defense Council. The Supreme Court upended that…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA)

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Linda Carlozzi

COVID-19 Reopening Guidance For The Fitness Industry

As COVID-19 vaccines become more available, companies in the fitness industry, including gyms, health clubs, and fitness boutiques, continue to navigate their reopening plans. This article addresses questions companies in the…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Documentation, Emergency Use Authorization (EUA), Equal Employment Opportunity Commission (EEOC)

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Dylan Carp

U.S. Supreme Court Vacates, Dismisses as Moot Decision Holding ADA ‘Tester’ Has Standing to Sue

The U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the First Circuit holding a self-appointed “tester” has standing to sue under the Americans With Disabilities Act (ADA). Acheson Hotels, LLC v. Laufer,…more

Americans with Disabilities Act (ADA), Attorney's Fees, Boilerplate Language, Hotels, Mootness

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Megan Burrows Carpenter

Seattle Enacts First-of-Its-Kind Law Protecting Individuals Against Discrimination Based on Caste

The Seattle City Council passed a first-of-its-kind ordinance prohibiting discrimination based on caste in employment, housing, and public accommodation. Seattle’s mayor approved the ordinance on February 23, 2023, and the…more

Anti-Discrimination Policies, DFEH, Equal Employment Opportunity Commission (EEOC), Heritage & Culture, Hiring & Firing

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Scott Carroll

Strategies for Investigating Misconduct Against Superstars, C-Suite Employees in Retail Industry

In the retail industry, when superstars, C-suite employees, and other high-achieving individuals are accused of misconduct, the company has a significant management challenge to address the situation in an unemotional,…more

Attorney-Client Privilege, C-Suite Executives, Confidential Information, Disclosure Requirements, Documentation

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James Carter

The Status of Independent Contractors in California in 2023

Since the passage of California Assembly Bill (AB) 5 in 2019, there have been subsequent legal challenges and revised legislation that continues to shape the status of independent contractors and related employment law issues in…more

CA Supreme Court, California, Independent Contractors, State Labor Laws, Wage and Hour

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Michele Cattano

Freelance Isn’t Free: A Contract Ingredient for New York’s Restaurants

New York’s Freelance Isn’t Free Act, which requires that a business provide any freelance worker with a written contract if the freelance work is worth at least $800, inclusive of multiple projects over a 120-days period, will…more

Department of Labor (DOL), Freelance Workers, Hospitality Industry, New York, Restaurant Industry

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Angie Cavallo

Progress of TSA’s Gender-Neutral Screening

In March 2022, the Transportation Security Administration (TSA) announced it would be implementing measures to conduct gender-neutral screening by enhancing screening technology, reducing the number of pat-downs needed,…more

Department of Homeland Security (DHS), Gender Neutral, Screening Procedures, Transportation Industry, Travelers

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Sarah Caze

USCIS: Exceptionally High Number of Employment-Based Visas Available

U.S. Citizenship and Immigration Services (USCIS) has announced that it is strongly encouraging applicants for adjustment of status (Form I-485) in the employment-based third preference category, if they are eligible to do so,…more

Foreign Nationals, Foreign Workers, Immigrants, Immigration Procedures, USCIS

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Victoria Cendejas

Revisions to Student Work Permits

On September 30, 2023, Governor Newsom signed Assembly Bill (AB) 800, which will provide revisions to the requirements for the issuance of student work permits along with additional requirements for schools in conjunction with…more

California, Child Labor, Governor Newsom, State Labor Laws, Work Permits

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Stephanie Cerasano

Arizona Expands Employment Discrimination Laws To Prohibit Pregnancy Discrimination

Arizona Governor Doug Ducey signed into law a bill that prohibits employers from discriminating against workers based on pregnancy or childbirth. Amending the Arizona Civil Rights Act, the bill (House Bill 2045) defines…more

Arizona, Civil Rights Act, Employment Discrimination, Pregnancy Discrimination

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Stacey Cerrone

Fifth Circuit Remands ESG Rule in First ERISA Test Case Post-Chevron

In its recent decision in State of Utah v. Su, the Fifth Circuit remanded a challenge to the Department of Labor’s (DOL) environmental, social, and governance (ESG) rule for investing in defined contribution retirement plans…more

Chevron Deference, Chevron v NRDC, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Environmental Social & Governance (ESG)

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Matthew Chambers

Rhode Island to Increase Length of Temporary Caregiver Insurance Benefits

The governor of Rhode Island has signed into law amendments to the Temporary Caregiver Insurance (TCI) law that will increase the amount of leave benefits available to employees beginning Jan. 1, 2025. Currently, eligible…more

Caregivers, Employee Benefits, Paid Leave, Rhode Island, Wage and Hour

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Ryan Chapoteau

New Bi-Partisan Draft Legislation on Name, Image and Likeness: The College Athletes Protection & Compensation Act

An uncommon combination of three U.S. Senators, Sens. Richard Blumenthal (D-Conn), Jerry Moran (R-Kan.) and Cory Booker (D-NJ), collaborated to draft “The College Athletes Protection & Compensation Act” (the Act), which is the…more

College Athletes, Colleges, Compensation, Disability Insurance, Endorsements

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Katessa Charles

Connecticut Requires Implicit Bias Training For Police

Connecticut Governor Ned Lamont has signed a bill that requires the police to undergo “implicit bias training” effective immediately. The Connecticut General Assembly convened in a special session to consider a comprehensive…more

Bias, Black Lives Matter, Governor Lamont, Law Enforcement, Police

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Y. Jed Charner

Chipping Away at Two-Step Conditional Certification in FLSA Collective Actions

A federal district court located within the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit has adopted the heightened standard for certification of a collective action under the Fair Labor Standards Act (FLSA)…more

Age Discrimination, Class Action, Collective Actions, Conditional Certification, Employment Discrimination

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Connie Chen

City of Los Angeles Issues Rules & Regulations for Retail Fair Workweek Ordinance

On April 1, 2023, the City of Los Angeles’ Retail Fair Workweek Ordinance took effect, but the City had only issued a Frequently Asked Questions page as guidance. More recently, the City published rules and regulations as…more

City of Los Angeles, Fair Workweek, Local Ordinance, Posting Requirements, Retailers

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Caroline Cheng

[Event] 2022 Government Contractor Employment Law Symposium - November 17th, Tysons, VA

Join a multi-disciplinary team of Jackson Lewis attorneys, along with guest speakers from the government contracting firm Smith Pachter, for a full-day of presentations, interactive discussions and practical solutions addressing…more

Americans with Disabilities Act (ADA), Best Practices, Bid Proposals, Biden Administration, Continuing Legal Education

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Sung Cheol Sam Park

Second Circuit Weighs in Against ERISA Arbitration

Recently, the Second Circuit became the latest circuit refusing to enforce individual arbitration of an ERISA class action, joining the Third, Seventh, and Tenth Circuits. The Ninth Circuit, by contrast, has held that class…more

Arbitration, Class Action, Corporate Counsel, Employee Retirement Income Security Act (ERISA), ESOP

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Edward Cherof

Private Sector Union Membership Rate Declines in 2022

The union membership rate among private sector workers fell to 6.0% in 2022, according to a U.S. Bureau of Labor Statistics (BLS) news release. This is down from 6.1% in 2021 and continues the overall decline since private…more

Bureau of Labor Statistics, NLRB, Union Organizers, Unions

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K. Joy Chin

Vermont Latest in Growing List of States to Enact Pay Disclosure Law

Vermont Governor Phil Scott signed H.704 on June 4, 2024, mandating pay transparency in job postings and advertisements. Effective July 1, 2025, employers with at least five employees must include in any “Vermont job opening”…more

Compensation & Benefits, Disclosure Requirements, Governor Scott, Job Ads, Pay Transparency

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Alicia Chiu

Universal Health Loses Appeal to Undo 60,000-Person Class in Excessive Fee Case

The Third Circuit Court of Appeals recently held that as the plan fiduciary of Universal’s defined contribution plan, Universal Health Services Inc. and its plan investment committee (collectively “Universal”) must face a class…more

Class Action, Employee Benefits, Employee Retirement Income Security Act (ERISA), Excessive Fees, Federal Rules of Civil Procedure

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Michelle Choe

USCIS Launches Self-Service Biometrics Appointment Rescheduling Tool

Calling the USCIS Contact Center to reschedule most biometrics appointments is no longer necessary. As part of its effort to streamline services, USCIS launched a new self-service biometrics appointment rescheduling tool. The…more

Biometric Information, Foreign Nationals, Immigrants, Immigration Procedures, USCIS

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Lindsey Chopin

Evonik Corporation Beats 401(k) Plan Challenge with Evidence of Rigorous Fiduciary Process

A New Jersey federal district court recently granted summary judgment in defendants’ favor in an ERISA excessive fee case accusing Evonik’s 401(k) plan fiduciaries of keeping imprudent investments in the plan and of allowing…more

401k, Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Investment Management

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Deverie Christensen

Balancing Public Employees’ Religious Rights With The Establishment Clause

When it comes to striking a balance between the religious rights of government employees and the government’s duty to avoid Establishment Clause violations, “context matters.” In Kennedy v. Bremerton School District, 991…more

Compelling Governmental Interest, Establishment Clause, Free Speech, Prayer, Public Employees

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Holly Cini

Employer Obligations To Notify Employees Of Wage Reductions

As wage reductions become a common solution to the uncertain environment resulting from the COVID-19 pandemic, U.S. employers have had to make some difficult decisions. Many have laid off or furloughed employees, while others…more

Coronavirus/COVID-19, Department of Labor (DOL), Relief Measures, Trump Administration, Wage and Hour

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Richard Cino

U.S. Supreme Court Decision Limits SEC’s Ability to Use Administrative Proceedings in Fraud Cases

The U.S. Supreme Court held that when the Securities and Exchange Commission (SEC) seeks civil penalties against a defendant for securities fraud, the Seventh Amendment of the U.S. Constitution entitles the defendant to a jury…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Article III, Government Agencies

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Evan Citron

Political Speech in the Workplace: How Employers Can Manage Legal Risks in 6 Steps

The national and global hyperpolitical atmosphere inevitably touches the workplace, where employers and employees must remain productive while navigating the intersection of political expression, workplace culture and policies,…more

Anti-Discrimination Policies, Employee Training, Employer Liability Issues, Employment Policies, Hostile Environment

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Christian Clark

“Knock on our door before we knock on yours:” Recent DOJ Trends

On March 7, 2024, Deputy Attorney General Lisa Monaco (“DAG Monaco”) gave the keynote address at the American Bar Association’s 39th National Institute on White Collar Crime. She addressed the success she views in the Department…more

Clawbacks, Corruption, Deferred Prosecution Agreements, Department of Justice (DOJ), FinCEN

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Bria Cochran

Are You Ready for District of Columbia’s Transportation Benefits Equity Law (Parking Cash Out Law)?

Beginning as early as January 15, 2023, certain employers will need to ensure they are complying with the District of Columbia’s Transportation Benefits Equity Amendment Act of 2020, also known as the “Parking Cash Out Law.”…more

Commuting, Department of Transportation (DOT), Employee Benefits, Green Transportation, Transportation Industry

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Ellen Cohen

Los Angeles County Passes Retail Fair Workweek Ordinance for Unincorporated Areas

Recently, the Los Angeles County Board of Supervisors passed the Fair Workweek Ordinance, similar to the ordinance passed by the City of Los Angeles last year. The ordinance takes effect July 1, 2025. Covered Employers The…more

Board of Supervisors, City of Los Angeles, Covered Employees, Fair Workweek, Local Ordinance

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Paul Cohen

New California Law Creates Narrow Rest Break Exemption At Petroleum Facilities

On September 20, 2018, California Governor Jerry Brown signed into law Assembly Bill 2605. This new law provides that unionized employees at petroleum facilities who hold safety-sensitive positions are exempt from the…more

Collective Bargaining Agreements (CBA), Exempt-Employees, Governor Brown, New Legislation, Petroleum

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Kevin Coles

Oregon Modernizes Anti-Stalking Laws, Expands Employee Leave Rights

On April 4, 2024, Governor Tina Kotek signed HB 4156 to modernize and expand protections under Oregon’s anti-stalking laws. The new law criminalizes newer forms of threatening and predatory conduct which have emerged with the…more

Crime Victims, Harassment, Health and Safety, Oregon, Paid Leave

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Sara Colón-Acevedo

What Puerto Rico Labor Secretary’s New Overtime Interpretation Means for Employers

According to Puerto Rico Secretary of Labor Gabriel Maldonado, neither the Constitution of Puerto Rico nor Puerto Rico Act 379 imposes any limitations on employers requiring overtime work of employees beyond paying a specific…more

Fair Labor Standards Act (FLSA), Over-Time, Premium Pay, Puerto Rico, Secretary of Labor

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Adrienne Conrad

Reminder to Treat Your Valentine and Provide Notice to Employees of Non-Competes by February 14, 2024

In October 2023, California’s Governor signed Assembly Bill (AB) 1076 which added the new Business & Professions Code §16600.1, making it unlawful to impose non-compete clauses on employees – which contractual restrictions…more

California, Employment Contract, Non-Compete Agreements, Notice Requirements, State Labor Laws

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Daniel Corbett

Reminder: Illinois Equal Pay Registration Certificate Reporting Deadline is March 23, 2024

The Illinois Equal Pay Act requires all private businesses with at least 100 Illinois employees to obtain an Equal Pay Registration Certificate (EPRC) by March 23, 2024. To obtain a certificate, businesses must pay a $150…more

Equal Employment Opportunity Commission (EEOC), Equal Pay Act, Illinois, Registration, State Labor Departments

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Susan Corcoran

FDIC Revises Section 19 Regulations for Institutions Hiring Persons Convicted of Certain Crimes

The Federal Deposit Insurance Corporation (FDIC) has revised its regulations on Section 19 of the Federal Deposit Insurance Act to conform with the previously enacted Fair Hiring in Banking Act (FHBA). The FHBA paved the way for…more

Banks, Breach of Trust, Criminal Convictions, Depository Institutions, FDIC

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Victor Corpuz

Construction Industry Workplace Law Update – Summer 2022

How Law Limiting Arbitration Agreements for Sexual Assault, Harassment Claims Affects Construction- In an industry often targeted by anti-discrimination agencies, construction industry employers need to be aware of a new law…more

Anti-Discrimination Policies, Construction Industry, Davis-Bacon Act, Dispute Resolution, Heat Exposure

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Jeffrey Corradino

New Jersey’s Expanded Mini-WARN Law to Take Effect April 2023

After a two-year delay, the amendment to the New Jersey Millville-Dallas Airmotive Plant Job Loss Notification Act, the state’s mini-WARN law, will take effect on April 10, 2023. The Act, as amended, expands the coverage of the…more

Back Pay, Compensation, Governor Murphy, Layoffs, New Amendments

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Mary Costigan

Update: Transfers under the Swiss-U.S. Data Privacy Framework

The Swiss Federal Council has added the U.S. to the list of countries with an adequate level of data protection. Effective September 15, 2024, U.S. organizations that certify to the Swiss–U.S. Data Privacy Framework (DPF) can…more

Data Privacy, Data Protection, Data Transfers, International Data Transfers, Privacy Framework

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J. Greg Coulter

DOL Withdraws Opinion Letters Regarding Sleeper Berth Time, Independent Contractor Status

Continuing its early pattern of reversing positions adopted during the former administration, on February 19, 2021 the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) withdrew two more Opinion Letters. The…more

Department of Labor (DOL), Duty Free, Fair Labor Standards Act (FLSA), Independent Contractors, Opinion Letter

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Mark Crabtree

Oregon Modernizes Anti-Stalking Laws, Expands Employee Leave Rights

On April 4, 2024, Governor Tina Kotek signed HB 4156 to modernize and expand protections under Oregon’s anti-stalking laws. The new law criminalizes newer forms of threatening and predatory conduct which have emerged with the…more

Crime Victims, Harassment, Health and Safety, Oregon, Paid Leave

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Alison Crane

Cook County, Illinois Implements Final Rules on Paid Leave Ordinance: Employer FAQs

Under the Cook County Paid Leave Ordinance, most employers in Cook County, Illinois, must provide their employees in the county up to 40 hours of paid leave that can be used for any reason. The Cook County Commission on Human…more

Employee Benefits, Employment Policies, Illinois, Joint Employers, Notice Requirements

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Daniel Crowner

Washington Wage and Hour Developments for Q1 2022

In Washington, the first quarter of 2022, which included the regular legislative session, has included various updates and adjustments to Washington’s wage and hour and related reporting laws…more

Confidential Information, Liens, Lost Wages, Minimum Wage, Non-Compete Agreements

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Carolina Guiral Cuervo

Supreme Court Reaffirms Federal Courts Lack Authority to Review Visa Denials

In a 6-3 ruling in U.S. Department of State et al v. Munoz et al (Case Number 23-334), the Supreme Court of the United States (SCOTUS) reaffirmed the doctrine of consular nonreviewability ruling against a U.S. citizen’s spouse…more

Due Process, Immigrants, Immigration and Nationality Act, Non-Citizens, SCOTUS

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Elyse Culberson

Discrimination Based on Sexual Orientation Unlawful, Michigan High Court Holds, Overruling Precedent

Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), MCL 37.2101 et seq., prohibition of sex-based discrimination also prohibits discrimination based on sexual orientation, the Michigan Supreme Court has held…more

Discrimination, Employer Liability Issues, Employment Discrimination, Gender Identity, Hiring & Firing

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Arthur Cunningham

What California’s Time Limits for Payment of Arbitration Fees Mean for Restaurant Employers

Arbitration agreement enforcement continues to take up California court space. Recently, a wave of cases highlights for restaurant and food service industry and other employers the importance of timely payment of arbitrator and…more

Arbitration, Arbitration Agreements, Arbitration Fees, Cal Code of Civil Procedure, California

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Justin Cutlip

New Jersey Temporary Workers’ Bill of Rights and Manufacturing Employers Using Temporary Laborers

New Jersey’s Temporary Workers’ Bill of Rights law went into effect on Aug. 5, 2023, and vastly changed the landscape for manufacturing employers who use temporary laborers. The law provides temporary laborers significant…more

Compensation & Benefits, Manufacturers, New Jersey, State Labor Departments, State Labor Laws

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Alexander Dahle

Another Circuit Rules Bristol-Myers Applies to FLSA Collective Actions, Bars Out-of-State Opt-Ins

The U.S. Court of Appeals for the Seventh Circuit joins a growing number of federal circuits to hold the U.S. Supreme Court’s 2017 decision in Bristol-Myers Squibb v. Superior Court, that sharply limited the use of nationwide…more

Bristol-Myers Squibb, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, CA Supreme Court, Collective Actions, Corporate Counsel

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Neda Dal Cielo

First Things First – Initial Steps for Employers Expanding into the Golden State

With a state as large and diverse as California, it appeals to businesses. However, the state’s unique employment law requirements can pose challenges to employers new to the state. The following are some action items employers…more

California, EDD, EIN, Employee Benefits, Hiring & Firing

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Conor Dale

Update on Face Coverings in California

In June, California relaxed many of its COVID-19 restrictions, including allowing fully vaccinated individuals to go without a face covering indoors, with limited exception. Also in June, Cal/OSHA passed an amended Emergency…more

Cal-OSHA, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Masks, Public Health

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M. Robin Davis

North Carolina Adds Protection Against Discrimination and Retaliation for Employment Absences for Members of the Civil Air Patrol

The North Carolina legislature added nondiscrimination and nonretaliation protections for employees who serve in the North Carolina Wing – Civil Air Patrol. Effective December 1, 2023, it is unlawful for any employer to…more

Anti-Retaliation Provisions, Duties, Employment Discrimination, North Carolina, Wage and Hour

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Rebecca Davis

Accommodations Developments Add Scheduling Challenges for Retailers

For retail establishments, developments involving religious accommodation and the new Pregnant Workers Fairness Act (PWFA) make scheduling employees more challenging. Religious Accommodation- The U.S. Supreme Court…more

Americans with Disabilities Act (ADA), Civil Rights Act, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy, Pregnant Workers Fairness Act

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William Davis

Enforceability of Physician Non-Compete Agreements

Non-compete covenants in physician employment and shareholder agreements are common practice. Whether they are legally enforceable as drafted varies from state to state. Some states have broad interpretations of reasonableness —…more

Employment Contract, Health Care Providers, Hiring & Firing, Hospitals, Non-Compete Agreements

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Sean Dawson

COVID-19 Leave Arrives In Pittsburgh, Pennsylvania

On December 9, 2020, Pittsburgh Mayor Peduto signed a new ordinance granting COVID-19 Sick Time to certain employees working within the City. Interaction with Pittsburgh Paid Sick Days Act- This ordinance supplements the…more

Coronavirus/COVID-19, Health Care Providers, Paid Leave, Pennsylvania, Public Health Emergency

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Craig Day

PLESA, Can I Have Some More?

The SECURE 2.0 Act of 2022 had many retirement plan provisions, including the pension-linked emergency savings account (PLESA) that lets workers contribute money to an account in a defined contribution plan that can be used to…more

Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), IRS, Retirement Plan, SECURE Act

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Allison Dearington

Connecticut Appellate Court Finds No Private Right of Action for State Tip Recordkeeping Errors

There is no private right of action for violations of a recordkeeping regulation for restaurant industry employers that take the tip credit against the minimum wage for tipped employees, the Connecticut Appellate Court has held…more

Appellate Courts, Connecticut, Private Right of Action, Recordkeeping Requirements, Restaurant Industry

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Joseph DeBlasio

Can Cross-Generational Viral Internet Phrases In The Workplace Create Unlawful Age Discrimination?

“OK Boomer” is having a moment on the internet, appearing often in viral jokes and memes. It is widely considered an all-purpose retort by the younger generations of Millennials and Gen Z’ers to dismiss thoughts and ideas they…more

Age Discrimination, Baby Boomers, Harassment, Millennials

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Akansha Deepak

New California Law Hikes Worker Pay in Fast Casual Restaurants

Effective April 1, 2024, a new California law will require employers in the state’s fast casual restaurant industry to pay covered non-exempt employees a minimum wage of $20 an hour. This article summarizes the steps employers…more

Anti-Discrimination Policies, California, Covered Employer, Fast-Food Industry, Minimum Wage

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M. Travis DeHaven

SECURE 2.0 Series Part 4: Good News for Sponsors of Pension Plans

The SECURE 2.0 Act of 2022 (SECURE 2.0) provides welcome relief to private sector single employer sponsors of defined benefit pension plans (Pension Plan(s)). Effective for plan years beginning on and after January 1, 2024,…more

Benefit Plan Sponsors, Consolidated Appropriations Act (CAA), Defined Benefit Plans, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Bernard Dennis, III

Senators Lean on DHS to Provide NIL Guidance for International Student-Athletes

As restrictions lessen on collegiate athletes’ ability to be compensated for their name, image, and likeness (NIL), international student-athletes in F-1 status continue to be at risk if they pursue these economic opportunities…more

College Athletes, Department of Homeland Security (DHS), F-1 Visa, Foreign Students, Name and Likeness

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Lindsay Dennis Swiger

“Knock on our door before we knock on yours:” Recent DOJ Trends

On March 7, 2024, Deputy Attorney General Lisa Monaco (“DAG Monaco”) gave the keynote address at the American Bar Association’s 39th National Institute on White Collar Crime. She addressed the success she views in the Department…more

Clawbacks, Corruption, Deferred Prosecution Agreements, Department of Justice (DOJ), FinCEN

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Michael DePonte

U.S. Supreme Court Denies Petition Seeking To Scrap McDonnell Douglas Burden-Shifting Analysis

Arguing the decades-old analysis is no longer helpful to anyone, Reginald Sprowl petitioned the U.S. Supreme Court to scrap application of the McDonnell Douglas burden-shifting analysis in Title VII race discrimination and…more

Burden of Proof, Denial of Certiorari, Race Discrimination, Retaliation, SCOTUS

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Laurie DeYoung

Expanded Information to Provide Regarding Workplace Injury

On July 15, 2024, Governor Newsom signed Assembly Bill (AB) 1870, which mandates that employers include information in their notices about an injured employee’s right to consult with a licensed attorney for advice about workers’…more

California, Governor Newsom, Posting Requirements, State Labor Laws, Wage and Hour

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Kishaniah Dhamodaran

Post It Up – California’s Employer Posting Requirements

There are several posting requirements in California for employers and it is important to ensure the appropriate posters are displayed in an area frequented by employees where they may be easily read during the workday…more

California, Posting Requirements, State Labor Laws, Wage and Hour

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Pedro Jaime Torres-Díaz

Puerto Rico Issues FAQs On Unemployment Benefits During COVID-19 Crisis

The Puerto Rico Department of Labor and Human Resources (PR DOL) has issued FAQs regarding unemployment benefits during the COVID-19 pandemic. The FAQs were issued only in Spanish. Eligibility- Employees who may be eligible…more

Coronavirus/COVID-19, Layoff Notices, Layoffs, Unemployment, Unemployment Benefits

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Rosalie DiFlora

OFCCP’s Proposal Requiring Construction Companies to Submit Monthly Employment Utilization Report

The Office of Federal Contract Compliance Programs (OFCCP) has proposed reinstating a monthly reporting requirement for federal construction contractors nearly 30 years after discontinuing it. The proposal requires covered…more

Construction Industry, Construction Project, Employment Discrimination, Federal Contractors, General Contractors

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Caroline DiMauro

Beyond Mere Legal Compliance

As claims stemming from widespread workforce reductions or failure to comply with the myriad of COVID-19-related leave laws begin to gain full steam, it is clear that an employer’s treatment of its employees — beyond termination…more

Americans with Disabilities Act (ADA), Compliance, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Furloughs

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Joseph DiPalma

U.S. Supreme Court Vacates, Dismisses as Moot Decision Holding ADA ‘Tester’ Has Standing to Sue

The U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the First Circuit holding a self-appointed “tester” has standing to sue under the Americans With Disabilities Act (ADA). Acheson Hotels, LLC v. Laufer,…more

Americans with Disabilities Act (ADA), Attorney's Fees, Boilerplate Language, Hotels, Mootness

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Neil Dishman

Illinois Amends Temp Worker Law, Boosting Employer Obligations

The Illinois Day and Temporary Labor Services Act (IDTLSA) has been amended for the third time in the last year. Codified as Public Act 103-1030, the amendments clarify employers’ and staffing agencies’ obligations on equal pay,…more

Collective Bargaining, Equal Pay, Illinois, Labor Disputes, Staffing Agencies

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Jill Distler

Get Ready For Maryland’s New Employment Laws Going Into Effect October 1

New Maryland laws governing the workplace will take effect on October 1, 2019. These laws: •Amend the state’s Fair Employment Practices Act (FEPA) with respect to harassment claims and with respect to the definition of…more

Anti-Discrimination Policies, Board of Directors, Diversity, Employment Discrimination, Equal Pay

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Todd Dobry

President Biden Issues Executive Order Regarding the Development and Use of AI

On October 30, 2023, President Biden issued an Executive Order regarding the Development and Use of Artificial Intelligence across the federal government. The Executive Order (EO) is intended to establish new standards for AI…more

Artificial Intelligence, Bias, Department of Energy (DOE), Department of Homeland Security (DHS), Discrimination

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Timothy Domanick

Freelance Isn’t Free: A Contract Ingredient for New York’s Restaurants

New York’s Freelance Isn’t Free Act, which requires that a business provide any freelance worker with a written contract if the freelance work is worth at least $800, inclusive of multiple projects over a 120-days period, will…more

Department of Labor (DOL), Freelance Workers, Hospitality Industry, New York, Restaurant Industry

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Quinn Donnelly

Illinois Amends Gender Violence Act, Extends Application to Employers in Certain Circumstances

An amendment to the Illinois Gender Violence Act (740 ILCS 82 et seq.), codified as Public Act No. 103-0282, was signed by Governor J.B. Pritzker on July 28, 2023, and goes into effect January 1, 2024. The amendment clarifies…more

Amended Legislation, Employer Liability Issues, Gender-Based Violence, Human Rights, Illinois

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Daniel Doron

DOJ, FTC, DOL, NLRB Memorandum of Understanding Continues Focus on M&A Deals’ Labor Consequences

On Aug. 28, 2024, the Department of Justice Antitrust Division (DOJ), the Federal Trade Commission (FTC), the Department of Labor (DOL), and the National Labor Relations Board (NLRB) signed a Memorandum of Understanding on Labor…more

Algorithms, Antitrust Division, Competition, Department of Justice (DOJ), Department of Labor (DOL)

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Jessica Draper

Fifth Circuit Grants, In Part, Motion to Stay Nationwide Preliminary Injunction on Centers for Medicare & Medicaid COVID-19 Vaccine Rule

On December 15, 2021, the Fifth Circuit Court of Appeals granted, in part, the federal administration’s motion to stay the nationwide preliminary injunction enjoining the Centers for Medicare and Medicaid (“CMS”) from enforcing…more

Appellate Courts, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Healthcare Workers, Preliminary Injunctions

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Kelli Morgan Dreger

What OSHA’s Proposed Changes To Hazard Communication Standard Mean For Construction Employers

The Occupational Safety and Health Administration’s (OSHA) proposed amendments to the Hazard Communication Standard (HCS), in 29 CFR 1910.1200, to conform to the United Nations’ Globally Harmonized System of Classification and…more

Cal-OSHA, Chemicals, Construction Industry, Employee Training, Hazardous Communication Standard

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Keith Dropkin

You Can Be Personally Liable For Withdrawal Liability Despite A Company’s Limited Liability Status

Unionized employers participating in an underfunded multiemployer pension plan face significant financial exposure when withdrawing (completely or partially) from the plan. The cost (called “withdrawal liability”) is generally…more

Alter Ego, Controlled Groups, Corporate Veil, Limited Liability Company (LLC), Multi-Employer Pensions

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Philip Duclos

Department of Education Issues Guidance for Title VI Compliance in Response to Increased Complaints

In response to increases in discrimination complaints, the Department of Education Office of Civil Rights (OCR) issued a Dear Colleague Letter: Protecting Students from Discrimination, such as Harassment, Based on Race, Color,…more

Dear Colleague Letter, Department of Education, Department of Justice (DOJ), First Amendment, Harassment

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Daniel Duff III

Highlights From The OFCCP And NILG Compensation Roundtable

On Tuesday, February 18, 2020 the National Industry Liaison Group (“NILG”) and the Office of Federal Contract Compliance Programs (“OFCCP”) held a Compensation Roundtable at the US. Department of Labor in Washington D.C. …more

Compensation & Benefits, Federal Contractors, OFCCP, Wage and Hour

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Tina Dukandar

Applying Groff, Indiana District Court Rules in Favor of Employer in Religious Accommodation Claim

Applying the U.S. Supreme Court’s decision in Groff v. DeJoy, which clarified the standard for undue hardship in religious accommodation cases under Title VII of the Civil Rights Act, a federal district court in Indiana rejected…more

Civil Rights Act, Corporate Counsel, Employer Liability Issues, Groff v DeJoy, Public Schools

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Michelle Duncan

Colorado Enacts Artificial Intelligence Legislation Affecting AI Systems Developers, Deployers

Enacting what is perhaps the first comprehensive regulation of artificial intelligence (AI) at the state level in the United States, Colorado’s governor signed the Artificial Intelligence Act, Senate Bill (SB) 24-205, on May 17,…more

Artificial Intelligence, Automated Decision Systems (ADS), Bias, Colorado, Department of Labor (DOL)

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Katherine Van Dyke

[Webinar] How to Respond [Effectively] to Union Organizing in the Chemical Industry- June 26th, 2:00pm ET

As the Trump Labor Board shifts the focus to more employer-friendly initiatives and priorities, organized labor seeks to reinvigorate its efforts to protect its market share. With an uptick in union petition filings and a…more

Anti-Union Actions, Chemicals, Continuing Education, Continuing Legal Education, NLRB

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Todd Van Dyke

Georgia Court of Appeals Invalidates Employee Non-Solicitation Provisions Without Geographic Limits

Amid the recent backlash to restrictive covenants across the country, a Georgia Court of Appeals has held that employee non-solicitation provisions must include a geographic limit to be enforceable. North American Senior…more

Appellate Courts, Employment Contract, Georgia, Non-Solicitation Agreements, Restrictive Covenants

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Nicole Eatmon

Cook County, Illinois Implements Final Rules on Paid Leave Ordinance: Employer FAQs

Under the Cook County Paid Leave Ordinance, most employers in Cook County, Illinois, must provide their employees in the county up to 40 hours of paid leave that can be used for any reason. The Cook County Commission on Human…more

Employee Benefits, Employment Policies, Illinois, Joint Employers, Notice Requirements

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Bonnie Edwards

The Future Of Workplace Law Under President-Elect Joe Biden

As President-elect Joe Biden selects members of his Cabinet and prepares for his transition into the presidency, he and a Democratic majority in the House of Representatives may pursue a number of significant pieces of federal…more

Affordable Care Act, Arbitration, Coronavirus/COVID-19, Department of Labor (DOL), Equal Employment Opportunity Commission (EEOC)

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Felice Ekelman

Fifth Circuit Strikes Down DOL Tip Credit Rule: What It Means for Employers

In a long-awaited decision, the Department of Labor (DOL) regulation setting strict limits on the amount of time that tipped employees can spend performing work that does not directly generate tips has been struck down by the…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Food Service Workers, Hospitality Industry, Minimum Wage

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Jennifer Ellerkamp

Hawaii Enacts Pay Transparency Law

Governor Josh Green has signed the newest pay transparency bill into law for the state of Hawaii. SB 1057, which goes into effect on January 1, 2024, will require Hawaii employers with at least 50 employees to disclose an hourly…more

Hawaii, New Legislation, Pay Transparency, PERM, State Labor Laws

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Caitlin Ellis

Iowa Supreme Court: City’s “Ban The Box” Ordinance Is Preempted By State Law, But Not Entirely

The Iowa Supreme Court has ruled that Iowa state law preempts the City of Waterloo’s restriction on employers’ use of applicants’ criminal record history when making hiring decisions. Other aspects of the ordinance, however,…more

Ban the Box, Criminal Records, Hiring & Firing, IA Supreme Court, Job Applicants

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Donald English Jr.

U.S. Supreme Court Hears Oral Argument on Where Businesses Can Be Sued

The constitutionality of Pennsylvania’s “registration statute,” which requires corporations that register to do business in Pennsylvania consent to the “general personal jurisdiction” of Pennsylvania, was the subject of oral…more

Corporate Counsel, Multistate Employers, Oral Argument, PA Supreme Court, Pennsylvania

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Elizabeth Erickson

Wisconsin’s Safer At Home Order Prohibits Non-Essential Business, Travel

In response to the Coronavirus (COVID-19) pandemic, and a significant increase in confirmed COVID-19 cases in Wisconsin, Governor Tony Evers has issued Emergency Order # 12 to limit Wisconsinites’ activities. This is in addition…more

Business Closures, Coronavirus/COVID-19, Governor Evers, Operators of Essential Services, Shelter-In-Place

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Benton Eskelsen

Utah Expands Employee Religious Protections

The Utah Antidiscrimination Act has been amended to expand religious accommodation requirements for employers under Utah law. The Utah Legislature passed House Bill 396 (H.B. 396), and Governor Spencer Cox signed the bill on…more

Anti-Discrimination Policies, Civil Rights Act, Employer Liability Issues, Groff v DeJoy, Religious Accommodation

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Jenna Eurell

New York State Department of Labor Issues Updated Materials on Workplace Lactation Rights

The New York State Department of Labor has issued revised materials, including an updated mandatory model policy, ahead of the June 19, 2024, effective date for the transition of workplace lactation breaks from unpaid to paid in…more

Amended Legislation, Lactation Accommodation, New York, Rest and Meal Break, State Labor Departments

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Elizabeth Evans

Full Enforcement of REAL ID Law Moved to 2025, ETIAS Moved to 2024

New travel authorization systems are being postponed again in the United States and in Europe: REAL ID until May 7, 2025, and ETIAS (European Travel Information and Authorisation System) until 2024…more

Coronavirus/COVID-19, Department of Homeland Security (DHS), Immigration Procedures, Passports, REAL IDs

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John Exner, IV

USCIS: Substantial Increase in H-1B Registrations for FY 2024 May Indicate Potential Fraud

USCIS has announced that the total number of eligible registrations submitted for FY 2024 was 758,994 (up from 474,421 eligible registrations submitted for FY 2023). Of the 758,994 eligible registrations submitted, USCIS said it…more

Foreign Workers, Fraud, H-1B, Lottery, USCIS

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Mia Farber

California Overhauls Private Attorneys General Act

On July 1, 2024, California Governor Gavin Newsom signed two bills, Senate Bill 92 and Assembly Bill 2288, that amend the state’s Labor Code Private Attorneys General Act (PAGA), which deputizes private parties to enforce the…more

California, Employment Litigation, Good Faith, Governor Newsom, Labor & Workforce Development Agency (LWDA)

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Jason Federmack

[Webinar] Keeping Pace with Industry Concerns: Accessibility, Equity in Healthcare and Gender-Affirming Care - November 17th, 1:00 pm - 2:00 pm EST

As the industry continues to evolve, access to healthcare remains a key challenge. For certain segments of the population, access to healthcare is not equitable. We will examine how the ADA and state disability and…more

Accessibility Rules, Affordable Care Act, Americans with Disabilities Act (ADA), Best Practices, Continuing Legal Education

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Jessica Feinstein

H-2B Visa Update: Additional Temporary Nonagricultural Visas Granted for FY 2024

Congress has approved an additional 64,716 H-2B visas for fiscal year 2024, supplementing the 66,000 available annually. As in prior years, restrictions will apply. A temporary final rule has been published in the Federal…more

Department of Homeland Security (DHS), Foreign Workers, H-2B, Irreparable Harm, Visas

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Juan Felipe Santos

What Puerto Rico Labor Secretary’s New Overtime Interpretation Means for Employers

According to Puerto Rico Secretary of Labor Gabriel Maldonado, neither the Constitution of Puerto Rico nor Puerto Rico Act 379 imposes any limitations on employers requiring overtime work of employees beyond paying a specific…more

Fair Labor Standards Act (FLSA), Over-Time, Premium Pay, Puerto Rico, Secretary of Labor

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Eric Felsberg

AI Regulation Continues to Grow as Illinois Amends its Human Rights Act

Following laws enacted in jurisdictions such as Colorado, New York City, Tennessee, and the state’s own Artificial Intelligence Video Interview Act, on August 9, 2024, Illinois’ Governor signed House Bill (HB) 3773, also known…more

Artificial Intelligence, Audits, Bias, Corporate Counsel, Governor Pritzker

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Cassandra Ficano

Waiver Of USERRA Rights In General Release Agreements Must Be Specific, Tennessee Court Emphasizes

Executing a general release did not waive a former employee’s claims under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), a federal district court in Tennessee has ruled, granting summary…more

Employer Liability Issues, Military Leave, Military Service Members, USERRA, Wage and Hour

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Jonathan Finck

OSHA Proposes Expansion of Workplace Protections for Emergency Responders

The Occupational Safety and Health Administration (OSHA) has proposed a rule to replace and expand its Fire Brigades Standard. The proposed Emergency Response Standard would impose new requirements on employers with employees…more

Department of the Interior, Emergency Medical Services (EMS), Emergency Response, FEMA, Firemen

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Ashley Flores

Nuanced Privacy Laws Means Healthcare Organizations Should Prioritize Protecting Personal Information

The healthcare industry is among the most highly regulated industries when it comes to privacy protections. In addition to the federal Health Insurance Portability and Accountability Act (HIPAA), healthcare providers also must…more

Audits, California Consumer Privacy Act (CCPA), Cybersecurity, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Debra Weiss Ford

New Hampshire Prohibits Workplace Discrimination Based on Hairstyles Related to Ethnicity

New Hampshire has become the 26th U.S. state to enact a version of the model CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair.” On July 3, 2024, Governor Chris Sununu signed into law “Creating a…more

Anti-Discrimination Policies, Employment Discrimination, Hairstyle Discrimination, Housing Discrimination, Race Discrimination

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Yvonne Arvanitis Fossati

New Law Exempts Certain Airline Cabin Crew from California Meal and Rest Period Requirements

Existing law requires an employer to provide an employee with a meal period during a work period of more than five hours per day, except as prescribed. However, on March 23, 2023, Governor Newsom signed Senate Bill (SB) 41,…more

Airlines, Collective Bargaining Agreements (CBA), Governor Newsom, Railway Labor Act, Rest and Meal Break

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Anderson Franklin

Cook County, Illinois, Replaces Earned Sick Leave Ordinance With Paid Leave Ordinance

For Illinois employers, the new year brings a variety of new paid leave laws, the most recent being the Cook County Paid Leave Ordinance passed by the Cook County Board of Commissioners on Dec. 14, 2023. The Cook County Paid…more

Accrued Benefits, Illinois, Local Ordinance, Notice Requirements, Paid Leave

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Matthew Freeman

Massachusetts Department Of Family And Medical Leave Proposals Affecting Private Plan Exemptions

The Massachusetts Department of Family and Medical Leave’s (DFML) proposed amendments to existing regulations for the Massachusetts Paid Family and Medical Leave Act (PFMLA) include significant changes relating to the private or…more

Family and Medical Leave Act (FMLA), Medical Leave, Paid Leave, Sick Leave, Wage and Hour

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Susan Friedfel

Department of Education Issues Guidance for Title VI Compliance in Response to Increased Complaints

In response to increases in discrimination complaints, the Department of Education Office of Civil Rights (OCR) issued a Dear Colleague Letter: Protecting Students from Discrimination, such as Harassment, Based on Race, Color,…more

Dear Colleague Letter, Department of Education, Department of Justice (DOJ), First Amendment, Harassment

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Michael Friedman

To Be (Discoverable), or Not to Be: Notetaking During an Attorney’s Internal Investigation

Introduction- Picture this: you are on-site at a new client’s headquarters for a weeklong hostile work environment investigation into several internal complaints made against the CEO and CFO. This is the first engagement for…more

Attorney-Client Privilege, Depositions, Discovery, Federal Rules of Civil Procedure, Internal Investigations

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Paul Friedman

Building and Construction Industry Exemption: Tool to Contest Withdrawal Liability

The Multiemployer Pension Plan Amendments Act of 1974 (MPPAA) was enacted purposefully by Congress to seize moneys from contributing employers to fund multiemployer defined benefit pension funds regardless of the employers’…more

Construction Industry, Employee Retirement Income Security Act (ERISA), Multiemployer Pension Plan Amendments Act (MPPAA), PBGC, Pension Funds

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Ana Rosado-Frontanés

Puerto Rico Enacts Law Against Discrimination Based on Hairstyles

New Puerto Rico law prohibits discrimination in public services, employment, education, and housing based on protective hairstyles or hair textures often associated with specific racial and national origin identities. The Law…more

Anti-Discrimination Policies, Employment Discrimination, Hairstyle Discrimination, Housing Discrimination, Puerto Rico

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Minnie Fu

Ups and Downs of Golden Visa Programs

The mixed results of their visa programs aimed at attracting foreign investors have some European countries reconsidering, even as the U.S. program continues. In 2022, the United States reauthorized its EB-5 Immigrant Investor…more

Citizenship, EB-5, Foreign Investment, Foreign Nationals, Golden Visa

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Juliana Gaige

OSHA Continues to Cite Construction General Contractors for Subcontractor Violations

The lines of liability may not follow construction contract relationships, and a general contractor (GC) can be held liable for the safety and health violations of subcontractors on the worksite. While the Occupational Safety…more

Audits, Construction Industry, General Contractors, Multi-Employer Worksites, OSH Act

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Mallory Gantt

Education Department Proposes New Title IX Regulations for Transgender Student-Athletes

The U.S. Department of Education Office for Civil Rights (OCR) has proposed a standard that would clarify participation and equal opportunity of transgender students in school athletics…more

Department of Education, Federal Register, OCR, Public Comment, Sports

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Emely Garcia

Changes to Paid Sick Leave and Supplemental Public Health Emergency Leave for Colorado Employees

Starting on August 7, 2023, Colorado employees will be able to use paid sick leave for additional reasons under the Healthy Families and Workplaces Act (HFWA). Governor Jared Polis signed Senate Bill 23-017 into law on June 2,…more

Colorado, Coronavirus/COVID-19, Healthy Workplaces Healthy Families Act 2014, Paid Sick Leave, State Labor Departments

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Hannah Griffin Garlough

Illinois Paid Leave for All Workers Act is Ready for Governor’s Signature

Governor J.B. Pritzker has indicated he intends to sign the Illinois Paid Leave for All Workers Act that passed both houses of the legislature on January 10, 2023. The Act will entitle covered employees to earn and use up to 40…more

Governor Pritzker, Illinois, New Legislation, Paid Leave, State Labor Laws

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Beverly Garofalo

Connecticut Expands Harassment Training And Posting Obligations For Employers

Nearly all employers in Connecticut will now have to provide sexual harassment training to employees under Connecticut Public Act No. 19-16, also referred to as the “Time’s Up Act,” an amendment to existing state law that…more

Employee Training, Employer Liability Issues, Harassment, Sexual Harassment, State Labor Laws

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Sarah Gasperini

Cook County, Illinois Implements Final Rules on Paid Leave Ordinance: Employer FAQs

Under the Cook County Paid Leave Ordinance, most employers in Cook County, Illinois, must provide their employees in the county up to 40 hours of paid leave that can be used for any reason. The Cook County Commission on Human…more

Employee Benefits, Employment Policies, Illinois, Joint Employers, Notice Requirements

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Jason Gavejian

Rhode Island Passes a Comprehensive Consumer Data Privacy Law

On June 25, 2024, Rhode Island became the 20th state to enact a comprehensive consumer data protection law, the Rhode Island Data Transparency and Privacy Protection Act (“RIDTPPA”). The state joins Kentucky, Maryland,…more

Consent, Consumer Privacy Rights, Data Controller, Enforcement, Geolocation

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Michael Giarratano

Vermont Latest in Growing List of States to Enact Pay Disclosure Law

Vermont Governor Phil Scott signed H.704 on June 4, 2024, mandating pay transparency in job postings and advertisements. Effective July 1, 2025, employers with at least five employees must include in any “Vermont job opening”…more

Compensation & Benefits, Disclosure Requirements, Governor Scott, Job Ads, Pay Transparency

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William Robert Gignilliat, IV

California’s Law Barring Mandatory Arbitration Agreements Permanently Enjoined

A federal district court has entered a permanent injunction barring the State of California from enforcing Assembly Bill (AB) 51, California’s law that purports to preclude employers from requiring arbitration agreements as a…more

Arbitration, Arbitration Agreements, California, Corporate Counsel, Federal Arbitration Act

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Roderick Gillum

Behind the Scenes in the Manufacturing Site-Selection Process

Whether seeking to expand an existing operation or grow into a new business, manufacturers large and small must evaluate locations with an eye on whether they would benefit their operations’ bottom line. Industries ranging from…more

Distributors, Manufacturers, Suppliers, Supply Chain

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Eric Gitig

California Manufacturing Employers: Avoid Potential PAGA Claims Based on Cal/OSHA Violations

With proper planning, Golden State manufacturing employers can mitigate the risk of Private Attorneys General Act (PAGA) claims premised on alleged violations of the California Occupational Safety and Health Act (Cal/OSHA). …more

Cal-OSHA, California, Heat Exposure, Manufacturers, Private Attorneys General Act (PAGA)

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Karen Glickstein

Iowa Supreme Court Dismisses Claim Alleging Reporting Physician Misconduct is Defamatory

Physicians often have a legal obligation to report conduct which they believe may constitute negligence, or demonstrate an individual’s inability to practice medicine competently, safely, or within the bounds of the relevant…more

Defamation, IA Supreme Court, Narcotics, National Practitioner Data Bank (NPDB), Physicians

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David Golder

Another Circuit Rules Bristol-Myers Applies to FLSA Collective Actions, Bars Out-of-State Opt-Ins

The U.S. Court of Appeals for the Seventh Circuit joins a growing number of federal circuits to hold the U.S. Supreme Court’s 2017 decision in Bristol-Myers Squibb v. Superior Court, that sharply limited the use of nationwide…more

Bristol-Myers Squibb, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, CA Supreme Court, Collective Actions, Corporate Counsel

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José Maymí-González

New Puerto Rico Law Grants Workers Registered as Informal Caregivers Additional Rights

Puerto Rico’s Informal Care Public Policy Act (ICPPA) amends the Puerto Rico Working Hours and Days Act to establish new rights and protections for individuals duly certified as “informal caregivers.” The ICPPA took effect…more

Caregivers, Duty Hours, Healthcare, Wage and Hour, Work Schedules

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Tatiana Leal-González

Puerto Rico Enacts Law Against Discrimination Based on Hairstyles

New Puerto Rico law prohibits discrimination in public services, employment, education, and housing based on protective hairstyles or hair textures often associated with specific racial and national origin identities. The Law…more

Anti-Discrimination Policies, Employment Discrimination, Hairstyle Discrimination, Housing Discrimination, Puerto Rico

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James Goodfellow Jr.

When Is An Insurance Policy Not An ERISA Plan?

ERISA makes clear that it governs “any plan, fund, or program … established … by an employer … for the purpose of providing [health benefits] for its participants.” 29 U.S.C. § 1002(1). Although most employee benefit plans that…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Health Insurance, Retirement Plan

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Emma Graham

Illinois Amends Temp Worker Law, Boosting Employer Obligations

The Illinois Day and Temporary Labor Services Act (IDTLSA) has been amended for the third time in the last year. Codified as Public Act 103-1030, the amendments clarify employers’ and staffing agencies’ obligations on equal pay,…more

Collective Bargaining, Equal Pay, Illinois, Labor Disputes, Staffing Agencies

See all updates »

Lauren Grassotti

Failure To Hire Due To “Jewish Blood” May Constitute Race Discrimination Under Title VII

A federal magistrate in the Western District of Louisiana has issued what appears to be the first ruling under Title VII of the Civil Rights Act of 1964 that someone who is Jewish may be protected from race discrimination under…more

Employer Liability Issues, Hiring & Firing, Popular, Race Discrimination, Title VII

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Damón Gray II

[Event] Workplace Law Symposium: The Year Ahead - February 21st, Raleigh, NC

Jackson Lewis P.C. attorneys are pleased to welcome you back in–person after meeting virtually over the past two years. Our annual program will explore the challenging and dynamic workplace law landscape in 2023 and beyond…more

Continuing Legal Education, Coronavirus/COVID-19, Employer Liability Issues, Employment Contract, Employment Policies

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Richard Greenberg

What Responsibilities Do Employers Have Under New York State’s Retail Worker Safety Act?

New York Governor Kathy Hochul signed the Retail Worker Safety Act (S. 8358B/A. 8947C) into law on Sept. 4, 2024. The Act will require covered retail employers to: 1.Adopt a retail workplace violence prevention policy…more

Covered Employer, Employee Training, New Legislation, New York, Retailers

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David Greenhaus

New York Bars Insurers from Denying Commercial Crime Coverage Due to Employee’s Prior Criminal Conviction

The New York State Department of Financial Services (NYSDFS) has promulgated a regulation that requires insurance companies to provide Commercial Crime Coverage to employers who have prior knowledge of an employee’s prior…more

Anti-Discrimination Policies, Commercial Insurance Policies, Corporate Counsel, Criminal Records, NYDFS

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Denaa Griffin

OSHA Pushes Outdoor and Indoor Heat Rule

The Occupational Safety and Health Administration (OSHA) has moved a step closer to a final rule for “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” OSHA sent the yet-to-be-unveiled rule to the Office…more

Emergency Response, Heat Exposure, OMB, OSHA, Training

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Michael Griffin

Updates to the Washington Paid Family and Medical Leave Program

The Washington Employment Security Department has announced the Paid Family and Medical Leave 2024 premium rates and weekly benefit maximums. Beginning on January 1, 2024, the Washington Paid Family and Medical Leave…more

Medical Leave, Paid Family Leave Law, Sick Leave, State Labor Laws, Wage and Hour

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Susan Groff

School Is Back in Session—Don’t Forget About Possible California Leave Entitlements for Parents

As kids head back to school, California employees with children may need time off for various reasons from school-related activities to kids who are sick. Here are reminders of the California leave entitlements for parents and…more

California, Caregivers, Paid Leave, Paid Sick Leave, Public Schools

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Adam Gross

New York City DCA Issues Guidance On Temporary Schedule Change Amendments To Fair Workweek Law

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

Employer Liability Issues, Fair Workweek, State Labor Laws, Wage and Hour, Work Schedules

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Robert Guidotti

New York Clean Slate Act Will Seal Certain Old Criminal Records, Affecting Employers’ Hiring Processes

New York has joined the growing number of states that have enacted “clean slate” legislation that will automatically seal certain criminal records. The new law will require employers to review any hiring processes related to an…more

Background Checks, Criminal Convictions, DMV, DNA, Fair Credit Reporting Act (FCRA)

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Aimee Guthat

Reconsidering Repayment Agreements with Foreign Employees

It is not unusual for employers to require foreign employees to sign repayment agreements that require the employee to repay some or all required immigration process costs if the employee terminates employment before the end of…more

Department of Labor (DOL), Foreign Workers, H-1B, Immigration Procedures, Reimbursements

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Darling Gutierrez

U.S. Workforce Positive Post-Accident Marijuana Drug Test Rates Reach Twenty-Five Year High

A Quest Diagnostics analysis published on May 18, 2023 found that positive post-accident marijuana tests were at the highest level in 25 years in 2022. Positive post-accident tests increased to 7.3%, an increase of 9% compared…more

Drug Testing, Marijuana, Medical Marijuana, Quest Diagnostics, Recreational Use

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Carlos Saavedra-Gutiérrez

What Puerto Rico Labor Secretary’s New Overtime Interpretation Means for Employers

According to Puerto Rico Secretary of Labor Gabriel Maldonado, neither the Constitution of Puerto Rico nor Puerto Rico Act 379 imposes any limitations on employers requiring overtime work of employees beyond paying a specific…more

Fair Labor Standards Act (FLSA), Over-Time, Premium Pay, Puerto Rico, Secretary of Labor

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Adam Guttell

[Event] A Day in the Life of a Restrictive Covenant Attorney: Long Island Workplace Law Breakfast Series - November 17th, Melville, NY

Join Jackson Lewis P.C. attorneys in-person for the annual Long Island Workplace Law Breakfast Series. We are excited to provide you with a unique perspective on our most popular labor and employment law topics. The "A Day in…more

Continuing Legal Education, Employment Contract, Events, Former Employee, Former Employer

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Alyson Guyan

Virginia Law Mandating Unpaid Organ Donor Leave Goes Into Effect July 2023

Virginia Governor Glenn Youngkin signed a law on April 12, 2023 mandating employers provide unpaid organ donor leave. When the law goes into effect on July 1, 2023, Virginia will join nearly 20 other states that require…more

Organ Donation, Popular, State Labor Laws, Unpaid Leave, Verification Requirements

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Kristel Haddad

Getting Local: City of Santa Monica Local Ordinances

Like its neighbor City of Los Angeles, Santa Monica has local employment ordinances. However, as a popular tourist destination, Santa Monica has several ordinances pertaining to the hospitality industry that employers should…more

Employment Policies, Hospitality Industry, Local Ordinance, Minimum Wage, Paid Sick Leave

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James Hager

Is Your Business Ready for Chicago’s Paid Leave and Paid Sick and Safe Leave Ordinance?

The Chicago Paid Leave and Paid Sick and Safe Leave Ordinance is set to take effect on July 1, 2024, and the City’s Department of Business Affairs and Consumer Protection has published its long-awaited interpretive rules. These…more

City of Chicago, Local Ordinance, Paid Leave, Paid Time Off (PTO), Safe Leave

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Mendy Halberstam

Class Actions for Tuition Refunds Based on COVID-19 Pandemic Closure? Ohio Appeals Court Weighs In

College life was just one of the many things affected by the COVID-19 pandemic. Schools around the country were forced to close academic buildings, residence halls, and other campus facilities and to pivot to online instruction…more

Appellate Courts, Class Action, Colleges, Coronavirus/COVID-19, Refunds

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Sean Hanagan

Employers’ Notification Requirements When Employing Foreign Nationals in H-1B, H-1B1, E-3

Employers that employ foreign nationals have various notification requirements. Immigration cases that require LCA (Labor Condition Application) filings with the Department of Labor (DOL) before submitting petitions to USCIS or…more

Department of Labor (DOL), E-3, Foreign Nationals, Foreign Workers, H-1B

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Kenneth Harder

Department of State Announces Pilot Program for Stateside Processing of Nonimmigrant Visas

The Department of State (DOS) will begin a pilot program for issuing nonimmigrant visas inside the United States on Jan. 29, 2024. The pilot program will be available to a narrowly defined class of nonimmigrants for a limited…more

Department of Homeland Security (DHS), Federal Pilot Programs, H-1B, Immigration Procedures, Non-Immigrant Visas

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Daniel Harris

New Alabama Law Limits Public Employers’ DEI Efforts

The Alabama Legislature has enacted 2024 Ala. Act 34, limiting the diversity, equity, and inclusion (DEI) efforts of state agencies, public universities, and public boards of education. The new law goes into effect Oct. 1, 2024…more

Alabama, Discrimination, Diversity and Inclusion Standards (D&I), New Legislation, State Employees

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Jonathan Harris

Sixth Circuit Adopts New Standard to Decide Whether to Send Notice to Potential FLSA Opt-Ins

In a highly anticipated decision, the U.S. Court of Appeals for the Sixth Circuit has ruled it will not use the lenient, two-step procedure in deciding whether to authorize sending notice of a collective action to other workers…more

Arbitration Agreements, Class Action, Class Certification, Collective Actions, Fair Labor Standards Act (FLSA)

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Chelsea Hartnett

NLRB Announces its Focus on Online Tracking Tools Used to Manage Remote Worker Performance

A significant concern for managers of remote workers is the ability to engage, manage and monitor performance and productivity – and some healthcare employers have turned to technologies like tracking employee keystrokes,…more

Employee Monitoring, Employee Tracking, NLRA, NLRB, Protected Activity

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Michael Hatcher

EEOC Issues Guidance for Construction Industry on Preventing Harassment

The Equal Employment Opportunity Commission (EEOC) issued guidance on preventing harassment in the construction industry on June 18, 2024. The EEOC states in Promising Practices for Preventing Harassment in the Construction…more

Anti-Harassment Policies, Complaint Procedures, Construction Industry, Construction Site, Equal Employment Opportunity Commission (EEOC)

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Jonathan Hatfield

Rhode Island Prohibits Use of Non-Competition Agreements With Nurses; Governor Vetoes Broader Ban

Rhode Island Governor Dan McKee signed a new law (R.I. Gen. Laws § 5-34-50) that prohibits the enforcement of non-competition agreements with advanced practice registered nurses (APRNs) in the state on June 17, 2024…more

Anti-Competitive, Fair Labor Standards Act (FLSA), Federal Trade Commission (FTC), Healthcare Workers, Non-Compete Agreements

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Eric Hause

DHS Proposes Higher 9-11 Response & Biometric Entry-Exit Fee for H-1B, L-1 Visas

Customs and Border Protection (CBP) published a proposed rule that will substantially increase the fees for certain H-1B and L-1 petitions. The agency plans to clarify that the 9-11 Response and Biometric Entry-Exit Fee (9-11…more

Customs and Border Protection, Department of Homeland Security (DHS), Fees, H-1B, Immigration Procedures

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Brian Hayden

[Event] 2020 Vision: Preparing for a Crystal Clear Year - March 25th, Jacksonville, FL

Join attorneys at Jackson Lewis P.C. for a complimentary breakfast seminar exploring the latest issues in workplace law. Topics: The Coronavirus: What Employers Should Be Doing to Prepare for Emergencies. Employers are…more

Best Practices, Continuing Legal Education, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation

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Colleen Heckman

Conducting Internal Investigations in the Real Estate Industry

Real estate companies, including property management companies, brokerages, construction, and development and real estate developers, seeking to manage risks and avoid litigation must take seriously internal employment…more

Internal Investigations, Policies and Procedures, Property Managers, Real Estate Brokers, Real Estate Market

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Kristen Heckman

E-2 Treaty Investor Visa Open To Israeli Citizens

The U.S. Embassy in Israel has announced that the necessary agreement has been signed and Israeli citizens will be able to apply for an E-2 Visa as of May 1, 2019. This is an important announcement for the Israeli high-tech…more

E-2, Foreign Nationals, Immigrants, Investors, Israel

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Gunner Hedden

Pregnant Workers Fairness Act Proposed Regulations: Takeaways for Manufacturing Industry

The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. The Equal Employment Opportunity Commission (EEOC) must issue final regulations to implement the PWFA by Dec. 29, 2023. This article summarizes key…more

Equal Employment Opportunity Commission (EEOC), Human Resources Professionals, Manufacturers, Policies and Procedures, Pregnancy

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Jaime Heimerl

Washington’s Limits on Use of Nondisclosure, Nondisparagement Clauses in Employment Agreements

Washington’s Silenced No More Act limits all Washington employers’ use of nondisclosure and nondisparagement provisions in employment agreements. The Act (codified as RCW 49.44.211) makes it illegal for employers in an…more

Employer Liability Issues, Non-Disclosure Agreement, Non-Disparagement Provisions, Pre-Employment Agreements, State Labor Laws

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Joshua Henderson

OSHA’s Walkaround Rule Showdown in Court: Will the Agency Be Allowed to Tread on Employers’ Rights?

The Occupational Safety and Health Administration’s (OSHA’s) Walkaround Rule has sparked a legal showdown between business associations and OSHA in a U.S. District Court in Texas. The agency’s rulemaking powers and businesses’…more

Arbitrary and Capricious, Employee Representatives, Employer Liability Issues, Loper Bright Enterprises v Raimondo, OSHA

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Michaela Hendricks

Municipal Violation Is Not ‘Arrest Record’ Covered by Wisconsin Fair Employment Act, Court Holds

The Wisconsin Fair Employment Act’s (WFEA’s) prohibition against discrimination based on employees’ arrest and conviction record has always been considered broad, and its standard of allowing employers to make employment…more

Appellate Courts, Criminal Convictions, Employment Discrimination, Fair Employment Practices Act, Termination

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Sean Herring

Employers Increasingly Targets Of Illinois Biometric Information Privacy Act Lawsuits

Although the Illinois Biometric Information Privacy Act has been the law in Illinois since 2008, in the past year, there have been at least 12 class actions filed against employers in Illinois state and federal courts seeking to…more

Biometric Information, Biometric Information Privacy Act, Employer Liability Issues, Facial Recognition Technology

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Nathaniel Higgins

Will Construction Employees Enjoy the ‘Right to Disconnect’?

Cell phone communications, emails, and texts have been around for decades. According to JB Knowledge’s 2020 Construction Technology Report, 93 percent of construction industry workers use smartphones for work purposes…more

At-Will Employment, Construction Industry, Off-Duty Employees, Off-The-Clock, Over-Time

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Richard Hilbrich

NIST Reveals Government Strategy to Support U.S. Semiconductor Research and Development

The U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) has released a paper outlining its vision and strategy for a National Semiconductor Technology Center (NSTC), a key component of the…more

NIST, Research and Development, Semiconductors, Technology Sector, U.S. Commerce Department

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Adam Hirtz

OSHA to Require Employers to Submit Injury and Illness Forms Online

The Occupational Safety and Health Administration (OSHA) has released a final rule to restore and expand Obama-era requirements for employers in dozens of designated industries that have worksites with at least 100 employees to…more

Corporate Counsel, Electronic Filing, OSHA, Recordkeeping Requirements, Reporting Requirements

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Ashton Hoffman

Chipping Away at Two-Step Conditional Certification in FLSA Collective Actions

A federal district court located within the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit has adopted the heightened standard for certification of a collective action under the Fair Labor Standards Act (FLSA)…more

Age Discrimination, Class Action, Collective Actions, Conditional Certification, Employment Discrimination

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Douglas Hoffman

State Law Remedies Not Available for Violations of FLSA, Massachusetts High Court Holds

Employees who assert wage claims available only under the federal Fair Labor Standards Act (FLSA) cannot recover the greater remedies available under the Massachusetts Wage Act (MWA), the Massachusetts Supreme Judicial Court has…more

Fair Labor Standards Act (FLSA), Lost Wages, Minimum Wage, Over-Time, Treble Damages

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David Hoiles Jr.

The City of San Diego Releases Guidance on Compliance with State and Local Paid Sick Leave

On January 1, 2024, California’s Senate Bill (SB) 616 takes effect, increasing the amount of paid sick leave employers are required to provide to California employees. In the new year, employers will be required to provide 40…more

Local Ordinance, OLSE, Paid Leave, San Diego, Sick Leave

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Kevin Holden

Online Public Records Aggregators Not Protected from FCRA Suit by Section 230

In a recent opinion, Henderson v. The Source for Public Data, L.P., et al, the U.S. Court of Appeals for the 4th Circuit considered whether Section 230(c)(1) of the Communications Decency Act (CDA) – a federal law that allows…more

Communications Decency Act, Consumer Reports, Corporate Counsel, Fair Credit Reporting Act (FCRA), Online Platforms

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D. Paul Holdsworth

Fourth Circuit Clarifies Scope Of Title VII Same-Sex Workplace Harassment

Same-sex harassment in the workplace under Title VII of the Civil Rights Act is not strictly limited to the three scenarios in the U.S. Supreme Court’s seminal 1998 opinion in Oncale v. Sundowner Offshore Services, a three-judge…more

Bostock v Clayton County Georgia, Civil Rights Act, Harassment, Hostile Environment, Retaliation

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Michael Holzapfel

Novel ERISA Preemption Questions Presented by U.S. Supreme Court’s Dobbs Decision

The U.S. Supreme Court’s opinion in Dobbs v. Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022), overruling Roe v. Wade and Planned Parenthood v. Casey, has far-reaching consequences across many areas. This special…more

Abortion, Civil Liability, Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employee Privacy Rights

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Valerie Hooker

Shaping Restrictive Covenants in Retail: Insights From Labor Board Guidance

In the evolving retail landscape, where competition is fierce and intellectual property is paramount, the use of restrictive covenants has long been a cornerstone for protecting proprietary information and safeguarding…more

Confidentiality Agreements, Federal Trade Commission (FTC), Intellectual Property Protection, Labor Relations, NLRA

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Alex Hotard

California District Court Dismisses Conclusory ERISA “Fee” Complaint Unsupported by Facts

A California federal court recently granted an employer win in an ERISA excessive fee case when it dismissed a proposed class action brought by an ex-employee of Schenker, Inc., a transportation logistics company. Partida v…more

401k, Class Action, Defined Contribution Plans, Employee Retirement Income Security Act (ERISA), Excessive Fees

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Christopher Hoyme

Mississippi Poised to Enact Pay Equity Law

Mississippi is the only state in the country without an equal pay law. That may change soon. On March 30, 2022, the Mississippi House and Senate both passed HB 770. The bill (1) requires employers to pay employees without…more

Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination, Pay Equity Laws, Pay Transparency

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Ya Xin Huang

3 Key Risks When Using AI for Performance Management & Ways to Mitigate Them

Artificial intelligence tools are fundamentally changing how people work. Tasks that used to be painstaking and time-consuming are now able to be completed in real-time with the assistance of AI…more

Artificial Intelligence, Bias, Employer Liability Issues, Federal Trade Commission (FTC), Machine Learning

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Cody Hubbs

New Jersey Enacts ‘Bill of Rights’ for Temporary Workers

New Jersey Governor Phil Murphy has signed into law the “Temporary Workers’ Bill of Rights,” providing temporary workers significant rights regarding their employment through temporary help service firms. Notice obligations for…more

Anti-Retaliation Provisions, Governor Murphy, Recordkeeping Requirements, State Labor Laws, Temporary Employees

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David Hughes

Changing Landscape of Labor Relations in Retail Industry

The retail industry has experienced an uptick in union organizing over the last few years, and decisions from the National Labor Relations Board are expected to ease unionization. Labor law is evolving, and employers must adapt…more

Employee Handbooks, NLRB, Retailers, Training, Unfair Labor Practices

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Alexandra Hunstein

New Study Shows Gen Z LGBTQIA+ Students, Graduates Value, Seek Out Inclusive Workplaces

Employers that foster a culture of belonging for all employees will have an advantage as Gen Z is projected to make up 27% of the workforce by 2025 and their expectations will change the workplace as we know it. Born between…more

Bias, Diversity and Inclusion Standards (D&I), Employment Discrimination, Generation Z, LGBTQ

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Veronica Hunter

Fifth Circuit Ruling a Stark Reminder of Employer Obligations When Taking FLSA Tip Credit, Imposing Uniform Fees

Generally, the Fair Labor Standards Act (FLSA) requires employers to pay at least minimum wage (currently $7.25) for all non-overtime hours in a workweek. However, subject to any contradictory state laws, an employer may pay a…more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Minimum Wage, Tip Credit, Tipped Employees

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David Islinger

New Jersey: Vaccines Or Testing For Workers In Healthcare And High-Risk Congregate Settings

New Jersey is requiring employers in covered healthcare and high-risk congregate settings (“covered settings”) to establish a policy that: (1) mandates vaccinations or weekly testing for workers; (2) creates a system to track…more

Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Documentation, Executive Orders

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William Jackson

U.S. Supreme Court Decision Limits SEC’s Ability to Use Administrative Proceedings in Fraud Cases

The U.S. Supreme Court held that when the Securities and Exchange Commission (SEC) seeks civil penalties against a defendant for securities fraud, the Seventh Amendment of the U.S. Constitution entitles the defendant to a jury…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Article III, Government Agencies

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Daniel Jacobs

New York City Releases Workers’ Bill of Rights, Poster

The New York Department of Consumer and Worker Protection (DCWP) published the “Workers’ Bill of Rights” on March 1, 2024. The Workers’ Bill of Rights is meant to serve as a comprehensive guide to rights in the workplace in New…more

Minimum Wage, New York, Paid Leave, Posting Requirements, State Labor Laws

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Michael Jakowsky

New York Issues Guidance, Proposes Regulations on Newly Effective Pay Transparency Requirements

Pay transparency obligations are in effect in New York State, and the state Department of Labor has issued employer guidance and proposed regulations. As of September 17, 2023, covered employers must include in any…more

Hiring & Firing, Job Ads, Job Applicants, Job Promotions, New York

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Gina Janeiro

Minnesota’s Paid Leave Law: New Guidance, Higher Payroll Taxes, Amendments

Under Minnesota’s Paid Leave Law (PLL) that goes into effect in January 2026, employers must provide covered employees up to 20 weeks of leave to care for themselves and their family members with paid leave benefits available…more

Data Privacy, Employee Contributions, Executive Compensation, Governor Walz, New Legislation

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Scott Jang

Eighth Circuit Decides When a ‘Dispute’ Arises Under the Ending Forced Arbitration Act

When a “dispute” arises under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) depends on when the specific facts of the case show a “conflict or controversy” exists between the parties, the U.S…more

Arbitration, Arbitration Agreements, Corporate Counsel, Duty to Preserve, Employment Contract

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Russell Jarem

Connecticut Family and Medical Leave Act Regulations in Final Review; Notices Required as of July 1

Over six months after the Connecticut Family and Medical Leave Act (Connecticut FMLA) took effect, proposed regulations are slated for consideration and approval by the Connecticut Legislative Regulation Review Committee (LRRC)…more

Connecticut, Family and Medical Leave Act (FMLA), Fitness for Duty Exams, New Hires, Paid Leave

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Danny Jarrett

Sick Leave for All New Mexico Employees Begins July 1: What Employers Should Know

The New Mexico Healthy Workplaces Act (“NMHWA”) requires all private employers in New Mexico to provide all employees one hour of paid sick leave for every 30 hours worked. Employees may use up to 64 hours of earned sick leave…more

Healthy Workplace Act, Paid Leave, Sick Leave, Wage and Hour, Written Notice

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Nicky Jatana

California Supreme Court Rules Trial Courts Lack Authority to Strike PAGA Claims Based on Manageability

On January 18, 2024, the California Supreme Court issued its opinion in Estrada v. Royalty Carpet Mills. In the Estrada decision, the California Supreme Court resolved a split of authority on the issue of whether trial courts…more

CA Supreme Court, Class Action, Private Attorneys General Act (PAGA), Split of Authority, Wage and Hour

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Edward Jeffrey

Labor Board Issues New Election Rules and Makes It Easier for Workers to Unionize Without a Vote

The National Labor Relations Board continued its efforts to facilitate union organizing and upended significant aspects of prior precedent by: (1) making it easier for unions to circumvent the Board’s election procedures through…more

Collective Bargaining, Employer Liability Issues, Labor Relations, NLRA, NLRB

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Maurice Jenkins

Understanding How U.S. Export Controls Affect Manufacturers’ Hiring Practices

The U.S. government has adjusted export control regulations in an effort to protect U.S. national security interests. The revisions primarily affect export of electronic computing items and semiconductors to prevent foreign…more

Anti-Discrimination Policies, Civil Rights Act, Export Administration Regulations (EAR), Export Controls, Foreign Nationals

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Gookjin Jeong

An Employer May Not Artificially Reduce an Employee’s Regular Rate to Avoid Paying Overtime, Eleventh Circuit Reiterates

Reviving a security guard’s claim for overtime pay, the Eleventh Circuit Court of Appeals recently reiterated that employers may not pay employees an artificially low regular rate of pay to avoid paying the proper amount of…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Over-Time, Rate of Pay

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Charles Jeremiah

Will Construction Employees Enjoy the ‘Right to Disconnect’?

Cell phone communications, emails, and texts have been around for decades. According to JB Knowledge’s 2020 Construction Technology Report, 93 percent of construction industry workers use smartphones for work purposes…more

At-Will Employment, Construction Industry, Off-Duty Employees, Off-The-Clock, Over-Time

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David Jimenez

The Role Of Company Directors During COVID-19

The COVID-19 pandemic has had a dramatic impact on the management of organizations, including throwing managers at all levels into an “all-hands-on-deck” reactive mode. In large measure, the immediate focus of management-level…more

CARES Act, Coronavirus/COVID-19, Relief Measures, Remote Working, Securities and Exchange Commission (SEC)

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Kimya Johnson

Workplace Diversity, Equity, Inclusion: Data Privacy and Security Issues

In the last decade, organizations of varied industries and sizes have heightened their focus on diversity, equity, and inclusion (DEI) initiatives and, since 2020, DEI has become a top priority. COVID-19 pandemic realities,…more

Anti-Discrimination Policies, Assessment, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Coronavirus/COVID-19

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Tracie Johnson Maurer

Keeping Retail Employees Engaged With Emotionally Intelligent Leaders

Although the federal COVID-19 Public Health Declaration officially proclaimed the pandemic over nearly a year ago (on May 11, 2023), many employers, especially those in the retail industry, continue to feel the pandemic’s…more

Coronavirus/COVID-19, Employee Engagement, Labor Relations, Leadership, Managers

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Marlo Johnson Roebuck

Discrimination Based on Sexual Orientation Unlawful, Michigan High Court Holds, Overruling Precedent

Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), MCL 37.2101 et seq., prohibition of sex-based discrimination also prohibits discrimination based on sexual orientation, the Michigan Supreme Court has held…more

Discrimination, Employer Liability Issues, Employment Discrimination, Gender Identity, Hiring & Firing

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Brian Johnston

The National Emergency Ends…. But Wait, There’s More!

We previously wrote about President Biden’s announcement to end the COVID-19 Public Health Emergency (PHE) and National Emergency (NE) periods on May 11, 2023, and the practical ramifications for employer group health plan…more

Benefit Plan Sponsors, COBRA, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Labor (DOL)

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Harold Jones

Understanding California’s Minimum Wage

Most California employers must adhere to both federal and state minimum wage laws. Recent developments at the state and local level have ushered in new changes to California minimum wage laws. At the state level, California…more

California, Compensation & Benefits, Minimum Wage, State Labor Laws, Wage and Hour

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Peyton Michelle Jones

How Manufacturers Can Stay Ahead of the Changing Landscape of PFAS Regulations

Perfluoroalkyl and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals,” are a varied group of thousands of manufactured chemicals and have been used in industry and consumer products since the 1940s. In…more

Environmental Policies, Environmental Protection Agency (EPA), Hazardous Waste, Impact Assessments, Internal Audit Functions

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Jody Kahn Mason

Illinois Governor Signs BIPA Amendment Into Law

On August 2, 2024, Governor Pritzker signed Senate Bill (SB) 2979, which amends the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (BIPA). The bill, which passed both the Illinois House and Senate by an…more

Amended Legislation, Biometric Information, Biometric Information Privacy Act, E-Signatures, Governor Pritzker

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Jason Kaner

Impacts of Third Circuit’s Decision on Student-Athletes as Employees

In a landmark decision, the U.S. Court of Appeals for the Third Circuit rejected the NCAA’s argument that, because student-athletes voluntarily participate in college athletics, they cannot simultaneously be students and…more

Appellate Courts, College Athletes, Economic Realities Test, Employee Definition, Fair Labor Standards Act (FLSA)

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William Kang

U.S. Supreme Court: False Claims Act Liability Depends on Defendant’s Subjective Beliefs

Liability in False Claims Act (FCA) suits depends on whether a defendant subjectively believed its claims were false, not on whether it can offer an objectively reasonable basis for its claims, the U.S. Supreme Court has held in…more

Drug Pricing, False Claims Act (FCA), Federal Contractors, Medicaid, Medicare

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Sayaka Karitani

Los Angeles County Passes Fair Chance Ordinance That Applies to Unincorporated Areas of the County

At the end of February, the Los Angeles County Board of Supervisors passed an ordinance adding several compliance requirements to the California Fair Chance Act requirements for employers considering the criminal history of…more

California, Criminal Records, Fair Chance Act, Job Ads, Job Applicants

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Ted Kazaglis

[Event] Workplace Law Symposium: The Year Ahead - February 21st, Raleigh, NC

Jackson Lewis P.C. attorneys are pleased to welcome you back in–person after meeting virtually over the past two years. Our annual program will explore the challenging and dynamic workplace law landscape in 2023 and beyond…more

Continuing Legal Education, Coronavirus/COVID-19, Employer Liability Issues, Employment Contract, Employment Policies

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Eileen Keefe

Philadelphia Mandates COVID Vaccine for All City Workers

On November 19, 2021, the City of Philadelphia announced all City workers must “complete a full schedule of COVID-19 vaccination(s)” by January 14, 2022, or risk losing their jobs. This mandate comes following the City’s…more

Americans with Disabilities Act (ADA), Colleges, Coronavirus/COVID-19, Federal Contractors, Healthcare Workers

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Eve Keller

Philadelphia Announces January 2022 Vaccination Mandate for Indoor Venues

On December 13, 2021, the City of Philadelphia announced that starting January 3, 2022, it will require proof of full COVID-19 vaccination (two doses of Pfizer or Moderna or one dose of Johnson & Johnson) for admission to indoor…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Entertainment Venues, Minor Children, Religious Exemption

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Paul Kelly

U.S. Senators Reintroduce Bipartisan NCAA Accountability Act

Tennessee Senator Marsha Blackburn (R) and New Jersey Senator Cory Booker (D) have reintroduced the “NCAA Accountability Act.” This follows multiple hearings held over the past few years on NCAA operations, including how the…more

Arbitration, Department of Justice (DOJ), Investigations, Name and Likeness, NCAA

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Cali Kerr

Changing Landscape of Labor Relations in Retail Industry

The retail industry has experienced an uptick in union organizing over the last few years, and decisions from the National Labor Relations Board are expected to ease unionization. Labor law is evolving, and employers must adapt…more

Employee Handbooks, NLRB, Retailers, Training, Unfair Labor Practices

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Monica Khetarpal

Department of Education Releases Final Rule Amending Title IX Regulations

The U.S. Department of Education has released its final amendments of the regulations to Title IX of the Education Amendments of 1972 regarding how educational institutions must handle allegations of sexual discrimination and…more

Amended Regulation, Department of Education, Educational Institutions, Grievance Process, Sex Discrimination

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Stephanie Kierig

Mandatory Sexual Harassment Prevention Training for Janitorial Services Employers Resumed

In 2019, California passed Assembly Bill (AB) 547, which requires janitorial employers to provide in-person training in preventing sexual violence and harassment at least once every two years. However, due to concerns about…more

Anti-Harassment Policies, California, Covered Employees, Employee Training, Janitorial Services

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Ryung Nam Kim

DHS Launches Three Pilot Programs to Test AI Uses

President Joe Biden’s Executive Order regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” directs departments and agencies throughout the government, including the Department of Homeland…more

Artificial Intelligence, Biden Administration, Department of Homeland Security (DHS), Pilot Programs, USCIS

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Jonathan King

Private Sector Union Membership Rate Held Steady in 2023

The union membership rate among private sector workers remained steady at 6% in 2023, according to a U.S. Bureau of Labor Statistics (BLS) news release. As the 2022 rate indicated, private sector union membership continues to…more

Bureau of Labor Statistics, Labor Relations, NLRB, Union Membership, Union Organizers

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Andrew Kinghorn

Tips for Recruiting Top Talent in Manufacturing Industry

Finding qualified and motivated people to fill open positions is not a new challenge for manufacturers. This task, however, has become harder due to the industry’s rapid rebound post-COVID-19 pandemic and a significant reduction…more

Compensation & Benefits, Coronavirus/COVID-19, Diversity, Job Applicants, Job Descriptions

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Carrie Kinsella

Manufacturers’ Legal Considerations for Staffing Reductions

In these uncertain economic times, many manufacturers and other employers are deliberating over measures to shore up their financial positions and reassessing their workforce needs. Employers may be considering organizational…more

Layoffs, Manufacturers, Recessions, Separation Agreement, Skilled Laborers

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Samia Kirmani

Eighth Circuit Decides When a ‘Dispute’ Arises Under the Ending Forced Arbitration Act

When a “dispute” arises under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) depends on when the specific facts of the case show a “conflict or controversy” exists between the parties, the U.S…more

Arbitration, Arbitration Agreements, Corporate Counsel, Duty to Preserve, Employment Contract

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Douglas Klein

New York City App-Based Workers’ Minimum Pay-Rate Increases

Delivery platform companies must pay delivery workers in New York City a minimum rate of at least $19.56 per hour, Mayor Eric Adams and the New York City Department of Consumer and Worker Protection (DCWP) announced on April 1,…more

City of New York, Delivery Drivers, Minimum Wage, Pay Rates, Restaurant Industry

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Dion Kohler

U.S. Supreme Court Raises Standard for Labor Board When Seeking 10(j) Injunctions

The U.S. Supreme Court issued a decision directing district courts to use the traditional four-part test when evaluating whether a preliminary injunction should issue at the request of the National Labor Relations Board pending…more

Burden of Proof, Injunctive Relief, NLRA, NLRB, Preliminary Injunctions

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Jonathan Kozak

Third-Party Bonuses Are Not Necessarily “Remuneration” For Overtime Purposes, Third Circuit Holds

When an employer permits its employees to participate in a bonus program offered by the employer’s client, based on the work performed for that client, those bonuses do not always qualify as “remuneration for employment” that…more

Bonuses, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Over-Time, Remuneration

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Diane Krebs

Retail and the Holiday Season: Top Four Areas of Employment Focus

Retail workers are often the unsung heroes of the holiday shopping season. Stores are open longer and have bigger crowds, and customers are tenser than usual. To navigate the holiday season smoothly, retail employers should be…more

Anti-Harassment Policies, Holidays, Retail Workers, Retailers, Wage and Hour

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Karl Kumli

OSHA Proposes Expansion of Workplace Protections for Emergency Responders

The Occupational Safety and Health Administration (OSHA) has proposed a rule to replace and expand its Fire Brigades Standard. The proposed Emergency Response Standard would impose new requirements on employers with employees…more

Department of the Interior, Emergency Medical Services (EMS), Emergency Response, FEMA, Firemen

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Haley Kurisky

What the Changed Standard for Religious Accommodations Means for the Shift-Based Retail Industry

The retail industry is a shift-based industry, dependent on workers signing up for weekday and weekend shifts, for holidays, and for times when few average workers would dream of being awake and at work. What if an employee…more

Civil Rights Act, Groff v DeJoy, Holidays, Religious Accommodation, Religious Beliefs

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Dale Kuykendall

AB 5 Past and Present – What You Need to Know

At the end of 2020, it seemed the legislature, the courts, and even California voters wanted to move away from the independent contractor test codified in Assembly Bill 5 (AB 5). However, during 2021, the pendulum seems to have…more

ABC Test, CA Supreme Court, Dynamex, Independent Contractors, Labor Code

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Andrew La Fiura

Biden Administration Focus On OSHA, COVID-19 And What It Means For Manufacturers

Under the Biden administration, two significant and expected changes to the Occupational Safety and Health Administration (OSHA) would give the agency a greater role in reducing the spread of COVID-19 at the workplace, both of…more

Biden Administration, Coronavirus/COVID-19, Employee Training, Health and Safety, Manufacturers

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Scott Lacunza

Getting Local: San Diego Minimum Wage and Earned Sick Leave

California employment laws are exhaustive and comprehensive compliance may serve to be challenging for employers, especially when taking into account the patchwork of local ordinances pertaining to minimum wage, paid sick leave,…more

Local Ordinance, Minimum Wage, Paid Leave, Posting Requirements, San Diego

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Cliff LaFemina

[Event] A Day in the Life of a Restrictive Covenant Attorney: Long Island Workplace Law Breakfast Series - November 17th, Melville, NY

Join Jackson Lewis P.C. attorneys in-person for the annual Long Island Workplace Law Breakfast Series. We are excited to provide you with a unique perspective on our most popular labor and employment law topics. The "A Day in…more

Continuing Legal Education, Employment Contract, Events, Former Employee, Former Employer

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Joanne Braddock Lambert

What Real Estate Businesses Need to Know About Using Website Tracking Technologies

Real estate businesses frequently operate multiple websites. These may include corporate websites, websites for each of their properties, and websites for their apps and ancillary service offerings. To maximize the convenience…more

Advertising, California Consumer Privacy Act (CCPA), Consent, Department of Health and Human Services (HHS), Federal Trade Commission (FTC)

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Richard Landau

Lessons for Construction Industry in Labor Board’s New Test to Classify Independent Contractors

The National Labor Relations Board (NLRB) has made finding independent contractor status harder under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95 (2023). This decision may significantly affect…more

Back Wages, Construction Industry, Employee Benefits, Independent Contractors, Misclassification

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Jessica Lang

Immigration Issues Companies Reconsidering Bachelor’s Degree as Job Requirement Must Keep in Mind

The increasing need for talented workers in the United States has more and more employers considering eliminating bachelor’s degree requirements from job descriptions. A recognition of the value of skills and experience over…more

E-3, Foreign Workers, Green Cards, H-1B, Highly-Skilled Workers Visa

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Desireé Langley

Department of Education Releases New Guidance on Pregnancy and Related Conditions

The U.S. Department of Education’s Office for Civil Rights (OCR) released a fact resource on October 4, 2022, reaffirming that Title IX of the Education Amendments Act protects students and employees from discrimination based on…more

Department of Education, Educational Institutions, Employment Discrimination, Harassment, OCR

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Lee Lastovich

More Minnesota Cities Following Suit In Requiring Facemasks

The cities of Edina, Rochester, and Mankato are the most recent in Minnesota to require individuals to wear facemasks in public. They join the growing number of cities and states with the same requirements to prevent the spread…more

Best Practices, Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Masks

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Weldon Latham

How Companies Can Best Benefit from Employee Resource Groups (ERGs)

Two oft-asked questions by companies seeking to enhance their diversity, equity, and inclusion (DEI) efforts and performance are: (1) Should we create employee resource groups (ERGs)? and (2) How do we make ERGs most effective?…more

Diversity, Diversity and Inclusion Standards (D&I), Employment Policies, Hiring & Firing, Human Resources Professionals

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Benjamin Lau

USCIS Proposes Fee Increases

Hoping to recover some of its operating costs, reduce backlogs, and reestablish timely case processing, USCIS is proposing to adjust its fees for the first time since 2016. The proposed rule is predicted to generate close to…more

Comment Period, Fees, Immigration Procedures, Proposed Rules, USCIS

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Chris Lauderdale

Changing Labor Board Membership Will Require Manufacturers To Review Employment Policies

The Biden administration has made some early moves that strongly suggest it intends significant changes from the five-member National Labor Relations Board (NLRB) that manufacturers should watch closely. Currently, the board…more

Employment Policies, Joe Biden, Manufacturers, NLRA, NLRB

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Kaitlyn Lavaroni

California’s Minimum Wage Will Increase Again in 2025

California will see another increase to its minimum wage on January 1, 2025. The minimum wage in California will increase from $16.00 per hour to $16.50 per hour on January 1, 2025. This increase applies to all employers,…more

California, Consumer Price Index, Minimum Wage, State Labor Laws, Wage and Hour

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Joseph Lazzarotti

Amendment to CCPA Would Require Consumer OptOut Elections to be Preserved Following M&A Transactions

Data privacy and security risk and compliance issues relating to exchanges of personal information during merger, acquisition, and similar transactions can sometimes be overlooked. In 2023, we summarized an enforcement action…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Collection, Data Privacy, Mergers

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Kathy Le

Cal/OSHA’s New Workplace Violence Prevention Plan Requirement: What Retailers Need to Know

California has enacted the country’s first general industry workplace violence prevention safety law. The law takes effect on July 1, 2024, and imposes requirements on nearly all California employers, including retail employers…more

Cal-OSHA, California, Retailers, State Labor Laws, Workplace Hazards

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Daniel Leake II

Class Action Alleges “Scheme” by TIAA and Morningstar to Drive Participants into TIAA’s Most Profitable Funds

On August 5, three Named Plaintiffs sued TIAA and Morningstar in the S.D.N.Y., claiming Defendants engaged in a “scheme to enhance corporate profits” by counseling participants to invest in two of TIAA’s most lucrative…more

401k, Class Action, Defined Contribution Plans, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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J. Casey Leech

New Illinois COVID-19 Executive Orders Extend Stay-At-Home, Impose Added Requirements On Employers

Amid multiple lawsuits challenging his authority to issue previous stay-at-home orders, Illinois Governor J.B. Pritzker has enacted Executive Orders 2020-32 and 2020-33, which extend Illinois’ stay-at-home mandate, reissue his…more

Coronavirus/COVID-19, Executive Orders, Governor Pritzker, Infectious Diseases, Personal Protective Equipment

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Ryan Lessmann

Employers Should Be Prepared for Colorado’s Family and Medical Leave Insurance (FAMLI) Program

Starting January 1, 2023, Colorado employers must comply with Colorado’s Family and Medical Leave Insurance (FAMLI) Act, which requires nearly all employers and all employees to contribute to the state’s paid family and medical…more

Colorado, Employee Contributions, Paid Family Leave Law, Paid Time Off (PTO), State Labor Laws

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Jason Levin

New York Enacts Law Limiting Employee Assignment of Inventions

On September 15, 2023, New York Governor Kathy Hochul signed into law a new section of the New York Labor Law limiting the assignment of inventions by employees to their employers. Specifically, Section 203-f of the Labor Law…more

Assignment of Inventions, Employment Contract, Intellectual Property Protection, Inventions, New Legislation

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Jamie Levitt

EU Artificial Intelligence Act Passes in European Parliament

On Wednesday, March 13, 2024, Members of European Parliament endorsed the Artificial Intelligence Act (“AI Act”), with 523 votes in favor, 46 against, and 49 abstentions. This is the world’s first comprehensive AI law and likely…more

Algorithms, Artificial Intelligence, EU, European Commission, European Parliament

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Brian Lewis

Court Enjoins Key Provisions of Davis-Bacon Prevailing Wage Final Rule for Construction Contractors

A federal judge in Texas has blocked the U.S. Department of Labor (DOL) from enforcing several provisions of its prevailing wage final rule under the Davis-Bacon and Related Acts (DBA) for construction contractors. Associated…more

Construction Industry, Construction Project, Construction Workers, Contractors, Davis-Bacon Act

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Hsien-Ya Cynthia Liao

Number of Chinese Students at U.S. Universities Drops

Chinese students make up the majority of international students in the United States. However, the number of Chinese students in U.S. universities has dropped from a high of 370,000 in 2019 to about 290,000 today…more

China, Colleges, Coronavirus/COVID-19, Foreign Students, PRC

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Frank Liberatore

[Webinar] Class Actions and Complex Litigation Webinar Series - The California Class Action - March 14th, 2:00p.m. EST

The employment law landscape continues to be dominated by Workplace Law class actions. Jackson Lewis attorneys are defending hundreds of class and collective actions all over the country. Tapping into that experience, this…more

Arbitration Agreements, Class Action, Class Certification, Collective Actions, Continuing Legal Education

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Penny Ann Lieberman

Updated New York WARN Act Regulations Address Post-Pandemic Environment, Add Employer Obligations

The New York State Department of Labor (NYSDOL) has released amended New York State Worker Adjustment and Retraining Act (NYS WARN) Regulations that, in large part, respond to the unique issues presented during the COVID-19…more

Coronavirus/COVID-19, Layoff Notices, Layoffs, New York, Notice Requirements

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Pamela Linberg

AI in the Manufacturing Workplace: Can ‘Big Brother’ Keep Employees Safe?

The phrase “artificial intelligence” or “AI” often instills unease and nervousness. In manufacturing, the use of computerized knowledge or AI to convert once-manual tasks into highly automated mechanized tasks evokes equal parts…more

Artificial Intelligence, Data Privacy, Machine Learning, Manufacturing Facilities, OSH Act

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Jessica Liss

New Missouri Law Requires Employers To Provide Leave To Victims Of Domestic Or Sexual Violence

Missouri employers with at least 20 employees will soon be obligated to provide leave to victims of domestic or sexual violence under the Victims Economic Safety and Security Act (VESSA), signed into law by Governor Mike Parson…more

Domestic Violence, Employer Responsibilities, Family Members, Notice Requirements, Reasonable Accommodation

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Tenechia Lockhart

Automatic Enrollment: This Is The Way

Thanks to SECURE Act 2.0, newly established 401(k) and 403(b) plans must now have an automatic enrollment. The SECURE Act 2.0 was passed in December 2022 and made sweeping changes to retirement plan regulations…more

401k, 403(b) Plans, Automatic Enrollment, Compensation & Benefits, Employee Benefits

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Adam Lounsbury

DOL Issues 15-Day Extension of Comment Deadline for Proposed Independent Contractor Rule

On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM), seeking to revise the standard for determining whether a worker is an employee or “independent contractor” under the Fair…more

Advanced Notice of Proposed Rulemaking (ANPRM), Comment Period, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Independent Contractors

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Kayla Lucia

Federal and State Mandates on Use of Employees’ Personal Pronouns Create Uncertainty

Employers must proceed carefully when responding to complaints around pronoun use where federal and state mandates appear to conflict. For instance, Equal Employment Opportunity Commission (EEOC) guidance states that…more

Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Florida, Gender Identity

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Karen Luh

California Supreme Court Cases Employers Should Be Watching in 2022

The California Supreme Court has been busy in 2021 deciding cases that affect employers from how to pay meal and rest period penalties to when the statute of limitations for a failure to promote runs. While the state’s high…more

CA Supreme Court, Corporate Counsel, DLSE, Ethics, Labor Commissioners

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Brian Lundgren

U.S. Supreme Court: Federal Labor Law Does Not Bar State Torts for Intentional Destruction of Co. Property

The National Labor Relations Act does not preempt a company’s state tort claims alleging a union’s intentional destruction of company property during a labor dispute, the U.S. Supreme Court has held in an 8-1 decision. Glacier…more

Glacier Northwest v International Brotherhood of Teamsters, Labor Disputes, NLRA, NLRB, Property Damage

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Elaine Luthens

Top Changes to Minnesota’s Earned Sick and Safe Time Statute

Minnesota Governor Tim Waltz signed legislation amending the state’s Earned Sick and Safe Time (ESST) law, on May 24, 2024, nearly six months after the statute took effect. Although all of the amendments are important, the top…more

Earned Sick Time, Governor Walz, Paid Leave, Safe Leave, Sick Leave

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Joseph Lynett

DOL Issues Guidance to Agency Staff on Employers’ Use of Artificial Intelligence in the Workplace

The U.S. Department of Labor’s Wage and Hour Division (WHD) has published a Field Assistance Bulletin (FAB) on the application of federal labor standards to employers’ use of artificial intelligence (AI) and other automated…more

Artificial Intelligence, Automated Decision Systems (ADS), Department of Labor (DOL), Employee Polygraph Protection Act (EPPA), Fair Labor Standards Act (FLSA)

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Carla Macaluso

New Jersey: Daycare Shutdown, Except For ‘Essential Persons’ At Certified Emergency Care Centers

New Jersey Governor Phil Murphy has ordered the shutdown of daycare facilities, effective April 1, 2020, except for certified emergency childcare centers that provide services only to “essential persons.” Executive Order No…more

Business Closures, Child Care, Coronavirus/COVID-19, Department of Children and Families (DCF), Operators of Essential Services

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Yvonne Norris Maddalena

Federal Trade Commission’s Sweeping Final Rule to Ban Non-Competes: What You Need to Know

On April 23, 2024, the Federal Trade Commission (FTC) issued its final rule prohibiting all non-compete agreements for all employees at all levels, with only extremely limited exceptions. The FTC’s much-anticipated action…more

CEOs, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Eric Magnus

Another Circuit Rules Bristol-Myers Applies to FLSA Collective Actions, Bars Out-of-State Opt-Ins

The U.S. Court of Appeals for the Seventh Circuit joins a growing number of federal circuits to hold the U.S. Supreme Court’s 2017 decision in Bristol-Myers Squibb v. Superior Court, that sharply limited the use of nationwide…more

Bristol-Myers Squibb, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, CA Supreme Court, Collective Actions, Corporate Counsel

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William Manning

Three-Year Foreign Domicile Requirement for E-Visa Applicants

A new federal law restricts foreign investors’ access to E visas by adding a three-year domicile requirement for investors who obtained their citizenship through Citizenship by Investment (CBI) Programs…more

Domicile, E-1, E-2, Foreign Investment, Immigration and Nationality Act

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Felicia Marsh

Virginia Law Mandating Unpaid Organ Donor Leave Goes Into Effect July 2023

Virginia Governor Glenn Youngkin signed a law on April 12, 2023 mandating employers provide unpaid organ donor leave. When the law goes into effect on July 1, 2023, Virginia will join nearly 20 other states that require…more

Organ Donation, Popular, State Labor Laws, Unpaid Leave, Verification Requirements

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Lisa Marsh

OFCCP’s Proposal Requiring Construction Companies to Submit Monthly Employment Utilization Report

The Office of Federal Contract Compliance Programs (OFCCP) has proposed reinstating a monthly reporting requirement for federal construction contractors nearly 30 years after discontinuing it. The proposal requires covered…more

Construction Industry, Construction Project, Employment Discrimination, Federal Contractors, General Contractors

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Tia Martarella

Employer-Provided Health Coverage During Employee Leaves of Absence

When an employee is on an extended leave of absence, there is often confusion regarding whether and to what extent the employer must continue to provide coverage to the employee under the employer-provided health plan. To…more

COBRA, Employee Benefits, Employer Group Health Plans, Family and Medical Leave Act (FMLA), Health Insurance

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Ryan Martin

Ohio Formally Adopts FLSA’s Portal-to-Portal Act, Collective Action Opt-In Procedure

On April 6, 2022, Governor Mike DeWine signed Senate Bill (S.B.) 47, thereby formally adopting Sections 2 and 4 of the Portal-to-Portal Act (PPA) amendments to the federal Fair Labor Standards Act (FLSA). In addition, S.B. 47…more

Class Action, Fair Labor Standards Act (FLSA), Governor DeWine, Opt-In, Over-Time

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Samuel Martin

Maine Department of Labor Releases Proposed Rules for Paid Family and Medical Leave Program

The Maine Department of Labor announced proposed rulemaking on May 20, 2024, to implement the upcoming Maine Paid Family and Medical Leave Program. Maine DOL’s rulemaking has been expected following the Maine Legislature’s…more

Compensation & Benefits, Covered Employees, Paid Leave, Proposed Rules, State Labor Departments

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Andrew Maunz

Tips for Restaurants, Retailers When Faced With Sabbath Day Requests

Imagine you manage a busy restaurant, and you are working on the schedule for next week. Saturday is your busiest day, and you need all hands on deck, so you need to schedule everyone for that day. Just when you have the…more

Civil Rights Act, Groff v DeJoy, Religious Accommodation, Religious Beliefs, Title VII

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Kent Maze

Don’t Set It & Forget It: Keeping up Your Fiduciary Committee

It’s hard to believe that 2024 is well underway! That means it’s a perfect time to think about an issue that might get lost in the summertime and (dare I already say) year-end shuffles: fiduciary committees. ERISA imposes…more

401k, Benefit Plan Sponsors, Duty to Monitor, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Emmalee McCarthy

Understanding California’s Minimum Wage

Most California employers must adhere to both federal and state minimum wage laws. Recent developments at the state and local level have ushered in new changes to California minimum wage laws. At the state level, California…more

California, Compensation & Benefits, Minimum Wage, State Labor Laws, Wage and Hour

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Timothy McCarthy

Philadelphia Announces January 2022 Vaccination Mandate for Indoor Venues

On December 13, 2021, the City of Philadelphia announced that starting January 3, 2022, it will require proof of full COVID-19 vaccination (two doses of Pfizer or Moderna or one dose of Johnson & Johnson) for admission to indoor…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Entertainment Venues, Minor Children, Religious Exemption

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Rebecca McCloskey

U.S. Supreme Court Vacates, Dismisses as Moot Decision Holding ADA ‘Tester’ Has Standing to Sue

The U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the First Circuit holding a self-appointed “tester” has standing to sue under the Americans With Disabilities Act (ADA). Acheson Hotels, LLC v. Laufer,…more

Americans with Disabilities Act (ADA), Attorney's Fees, Boilerplate Language, Hotels, Mootness

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Ellison McCoy

South Carolina Enacts Lactation Support Act

South Carolina Governor Henry McMaster signed into law the “South Carolina Lactation Support Act,” requiring employers to provide employees reasonable unpaid break time, or paid break time or mealtime, each day to express breast…more

Anti-Discrimination Policies, Governor McMaster, Lactation Accommodation, Reasonable Accommodation, Undue Hardship

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Brian McDermott

Applying Groff, Indiana District Court Rules in Favor of Employer in Religious Accommodation Claim

Applying the U.S. Supreme Court’s decision in Groff v. DeJoy, which clarified the standard for undue hardship in religious accommodation cases under Title VII of the Civil Rights Act, a federal district court in Indiana rejected…more

Civil Rights Act, Corporate Counsel, Employer Liability Issues, Groff v DeJoy, Public Schools

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Dorothy Parson McDermott

Utah Updates to Breach Notification Requirements Take Effect

On May 1, 2024, amendments to Utah’s cybersecurity and data breach notification law took effect. The state’s cybersecurity and data breach notification law requires an organization that conducts business in the State of Utah to…more

Breach Notification Rule, Cybersecurity, Data Breach, Data Protection, Data Security

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James McDonnell

New Jersey Enacts ‘Bill of Rights’ for Temporary Workers

New Jersey Governor Phil Murphy has signed into law the “Temporary Workers’ Bill of Rights,” providing temporary workers significant rights regarding their employment through temporary help service firms. Notice obligations for…more

Anti-Retaliation Provisions, Governor Murphy, Recordkeeping Requirements, State Labor Laws, Temporary Employees

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Thomas McDonough

Union Membership Rates Continue To Decline

By almost every measure, union membership rates continued its steady decline in 2019, according to the latest statistics on unionization rates in the United States from the Bureau of Labor Statistics (BLS). The overall union…more

Bureau of Labor Statistics, Union Membership, Unions

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Emmett McGee

Maryland Phase Three: Movie Theaters, Live Entertainment Venues Permitted To Reopen

Maryland Governor Larry Hogan has signed a new Executive Order (EO) reopening movie theaters and live entertainment venues, subject to limitations and local regulation. Additionally, the EO permits retail stores and houses of…more

Coronavirus/COVID-19, Governor Hogan, Health and Safety, Infectious Diseases, Public Health

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Kathleen McGinley

More Changes to Maryland Family and Medical Leave Insurance Program

Maryland Governor Wes Moore has signed a bill that further delays implementation of the Family and Medical Leave Insurance Program (also known as the Time to Care Act). In 2022, the Maryland General Assembly passed the Family…more

Employee Contributions, Employer Contributions, Maryland, Paid Family Leave Law, Paid Time Off (PTO)

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Nicholas McGrath

Tips for Recruiting Top Talent in Manufacturing Industry

Finding qualified and motivated people to fill open positions is not a new challenge for manufacturers. This task, however, has become harder due to the industry’s rapid rebound post-COVID-19 pandemic and a significant reduction…more

Compensation & Benefits, Coronavirus/COVID-19, Diversity, Job Applicants, Job Descriptions

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Tony McGrath

In-flight Meal Periods For Security Officers Were Not Compensable, Fifth Circuit Holds

A security company did not violate the Fair Labor Standards Act (FLSA) when, under its meal-period policy, it automatically deducted an hour of pay from its security officers on certain flights, the Fifth Circuit Court of…more

Appellate Courts, Fair Labor Standards Act (FLSA), Immigration and Customs Enforcement (ICE), Predominance Requirement, Rest and Meal Break

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Blythe McGregor

Impact of Ohio Legal Recreational Marijuana on Employers: All Smoke and No Fire?

In November 2023, Ohio passed a recreational marijuana law. Sales of recreational marijuana began on August 6 in the Buckeye State, and employers can expect an uptick in employee use. Employers’ rights with respect to marijuana…more

Hiring & Firing, Marijuana, Off-Duty Employees, Recreational Use, State Labor Laws

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James McGuire

The Importance of Whistleblower Protection and Wellbeing in the Age of Mental Health Awareness

There are countless examples in recent news highlighting the potential for far-reaching consequences when wrongdoing goes unchecked, and when whistleblowers face unbridled public scrutiny. Safety hazards could result in serious…more

Anti-Retaliation Provisions, Audits, Corporate Governance, Corporate Misconduct, Department of Justice (DOJ)

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Rosemary McKenna

You’re Gonna Need A Warrant For That….

On June 22, 2018, in Carpenter v. United States, the United States Supreme Court decided that the federal government would need a warrant in order to obtain historical location data from cellular service providers, based on cell…more

Carpenter v US, Cell Phones, Cell Site Location Information (CSLI), Criminal Convictions, Electronic Records

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Anthony McNamara

Impact of Ohio Legal Recreational Marijuana on Employers: All Smoke and No Fire?

In November 2023, Ohio passed a recreational marijuana law. Sales of recreational marijuana began on August 6 in the Buckeye State, and employers can expect an uptick in employee use. Employers’ rights with respect to marijuana…more

Hiring & Firing, Marijuana, Off-Duty Employees, Recreational Use, State Labor Laws

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Jared Medrano

NCAA Board Approves Settlement Terms in Antitrust Lawsuits

The NCAA Board of Governors has voted to approve the terms of a settlement that would resolve several antitrust lawsuits against the NCAA and would require the organization to pay nearly $2.8 billion over a 10-year period to…more

Antitrust Litigation, College Athletes, Colleges, Name and Likeness, NCAA

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Wendy Mellk

EPLI Trends, Sexual Harassment Claims, And Planning For 2019

The pace of workplace law change and risk exposure continues to grow. Filing of Equal Employment Opportunity Commission (EEOC) and state agency charges, initiation of wrongful discharge and other lawsuits, and daily publicity…more

Background Checks, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Equal Pay, Fair Labor Standards Act (FLSA)

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Sydney Mendelsohn

New York City App-Based Workers’ Minimum Pay-Rate Increases

Delivery platform companies must pay delivery workers in New York City a minimum rate of at least $19.56 per hour, Mayor Eric Adams and the New York City Department of Consumer and Worker Protection (DCWP) announced on April 1,…more

City of New York, Delivery Drivers, Minimum Wage, Pay Rates, Restaurant Industry

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Marolhin Mendez

Michigan Executive Order Clarifies COVID-19 Standard

On August 27, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-172. The Executive Order affirms that employers are prohibited from discharging, disciplining, or retaliating against employees who stay home…more

Coronavirus/COVID-19, Executive Orders, Governor Whitmer, Hiring & Firing, Sick Employees

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Adriana Midence

Georgia Court Of Appeals Confirms Non-Solicitation of Employees Covenant Need Not Have Geographic Or Material Contact Language

As previously noted in Jackson Lewis’ Non-Compete & Trade Secrets Report, Georgia adopted legislation governing restrictive covenant agreements entered into on or after May 11, 2011. This law, however, does not address employee…more

Contract Terms, Corporate Counsel, Employer Liability Issues, Employment Contract, Former Employee

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Lisa Milam

As expected, Biden re-nominates Acting DOL Secretary Julie Su to permanent post

President Joe Biden on Monday, January 8, 2024, sent to the Senate the nomination of Acting Secretary of Labor Julie Su to serve as permanent DOL Secretary. President Biden previously had signaled his intent to send the…more

Department of Labor (DOL), Joe Biden, Presidential Nominations, Secretary of Labor

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Amanda Miller

New York Source-of-Income Antidiscrimination Statute Deemed Unconstitutional

The source-of-income antidiscrimination statute in the New York State Human Rights Law (NYSHRL) is unconstitutional as it violates the Fourth Amendment of the U.S. Constitution, New York State Supreme Court Judge Mark G. Masler,…more

Anti-Discrimination Policies, Employment Records, Fourth Amendment, Landlords, Low Income Housing

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Shannon Miller

For Manufacturers Struggling With Labor Shortage, Time To Review Background Check Processes

As COVID-19 restrictions continue to relax, manufacturers are facing an ever-tightening labor market. Amidst supply-chain disruptions and computer chip shortages, human capital is proving to be increasingly scarce. Many…more

Background Checks, Ban the Box, Coronavirus/COVID-19, Equal Employment Opportunity Commission (EEOC), Fair Chance Act

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James Mills

NLRB: Union Had Responsibility To Bargain About Employer Information Confidentiality Claim

The National Labor Relations Board (NLRB) has ruled an employer does not have a duty to provide a union with relevant information that contains confidential material if the union has refused the employer’s offer to bargain over…more

Employer Liability Issues, Labor Relations, NLRA, NLRB, Union Organizers

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Sarah Millsap

Key Legal Considerations for Hiring and Retention Incentives in Healthcare

Healthcare organizations across the United States are facing an unprecedented labor shortage. Many healthcare employers are moving quickly to implement creative solutions that will attract and retain a qualified workforce…more

Bonuses, Early Retirement, Employee Incentive Plans, Employee Retention, Fair Labor Standards Act (FLSA)

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Kirsten Milton

Class Action Trends Report June 2022

In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault and…more

Arbitration, Arbitration Agreements, CAFA, Class Action, Class Action Arbitration Waivers

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Tania Mistretta

What Responsibilities Do Employers Have Under New York State’s Retail Worker Safety Act?

New York Governor Kathy Hochul signed the Retail Worker Safety Act (S. 8358B/A. 8947C) into law on Sept. 4, 2024. The Act will require covered retail employers to: 1.Adopt a retail workplace violence prevention policy…more

Covered Employer, Employee Training, New Legislation, New York, Retailers

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Laura Mitchell

2024 National ILG (NILG) Conference – Day 2

After a stormy Orlando evening (complete with a double-rainbow) conference goers awoke to clear skies and a beautiful sunrise to start Day 2 of the 2024 National ILG Conference. Following a “State of the NILG” update and the…more

Construction Project, CSALs, FAAP, Federal Contractors, OFCCP

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Michael Moberg

Minnesota’s Latest Legislative Session Update

Minnesota’s legislature was busy providing new rules and obligations for employers. In addition to the changes in the Minnesota Human Rights Act (MHRA), Earned Sick and Safe Time (ESST), Paid Family and Medical Leave, and pay…more

Compensation & Benefits, Drug Testing, Governor Walz, Independent Contractors, Misclassification

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David Mohl

Appellate Court Addresses How Much Information Employee Must Submit to Support an Accommodation Request

One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a…more

Americans with Disabilities Act (ADA), Appellate Courts, Corporate Counsel, Disability Discrimination, Documentation

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Sharon Mollman Elliott

Best Practices for Keeping Manufacturing Employees

From signing bonuses to flexible shifts to attract working parents, manufacturers have been focused on creative recruiting to address the labor shortage. But recruiting is only part of the solution to the labor crunch:…more

Employee Retention, Flexible Work Arrangements, Incentives, Labor Shortage, Manufacturers

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Zachary Monjo

USCIS Issues Additional Guidance in Evaluation of O-1B (Extraordinary Ability) Nonimmigrant Visa Petitions

USCIS shared updated guidance on how it will evaluate evidence for petitions seeking O-1B classification as individuals of Extraordinary Ability in the Arts or in the Motion Picture and Television Industry (MPTV)…more

Corporate Counsel, Foreign Nationals, Immigration Procedures, Non-Immigrant Visas, USCIS

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Kathryn Montgomery Moran

Illinois Enacts Pre-Tax Commuter Benefits Requirement

The new Illinois Transportation Benefits Program Act (HB 2068; P.A. 103-291) aims to promote the commuter benefits available to employees who use public transportation to commute to and from work. Beginning January 1, 2024,…more

Commuter Tax Benefits, Illinois, State Labor Laws, Transportation Industry, Wage and Hour

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Peter Montine

New Washington Law Regulates Warehouse Distribution Center Worker Quotas

A new Washington law regulating employers’ use of production quotas or production standards for employees working at warehouse distribution centers (House Bill 1762) will go into effect on July 1, 2024…more

Distribution Centers, Employees, Employer Liability Issues, Labor Reform, New Legislation

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Alis Moon

Revisions to Student Work Permits

On September 30, 2023, Governor Newsom signed Assembly Bill (AB) 800, which will provide revisions to the requirements for the issuance of student work permits along with additional requirements for schools in conjunction with…more

California, Child Labor, Governor Newsom, State Labor Laws, Work Permits

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M. Christopher Moon

Utah Expands Employee Religious Protections

The Utah Antidiscrimination Act has been amended to expand religious accommodation requirements for employers under Utah law. The Utah Legislature passed House Bill 396 (H.B. 396), and Governor Spencer Cox signed the bill on…more

Anti-Discrimination Policies, Civil Rights Act, Employer Liability Issues, Groff v DeJoy, Religious Accommodation

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Mary Moore

Whistleblower Rights In Today’s Evolving Federal Statutory Landscape

All viable whistleblower cases arise from allegations of wrongdoing serious enough to run afoul of some statute or rule. Common issues in every whistleblowing case include: Who is subject to protection against retaliation as…more

Dodd-Frank, Retaliation, Sarbanes-Oxley, Securities and Exchange Commission (SEC), Whistleblower Protection Policies

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Alicia Morrell

Computer Software Employees and Physicians Overtime Exemption Rates for 2024

For an employee to be exempt from overtime regulations under California law, the employee must fit into a category of work that is deemed exempt. The most common exemptions are the executive, administrative, and professional…more

California, Consumer Price Index, Department of Industrial Relations, Exempt-Employees, Over-Time

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Kelsey Morris

Cal/OSHA’s New Workplace Violence Prevention Plan Requirement: What Retailers Need to Know

California has enacted the country’s first general industry workplace violence prevention safety law. The law takes effect on July 1, 2024, and imposes requirements on nearly all California employers, including retail employers…more

Cal-OSHA, California, Retailers, State Labor Laws, Workplace Hazards

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Peter Moss

District Court Upholds New York City Hotel Severance Law

In a decision of great import to the New York City hospitality industry, a federal court has held that a New York City statute mandating payment of severance benefits to certain covered hotel service employees was not preempted…more

AFL-CIO, Business Closures, CARES Act, Coronavirus/COVID-19, Employee Retirement Income Security Act (ERISA)

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Richard Mrizek

EEOC Rolls Out New Mandatory Workplace Poster

The Equal Employment Opportunity Commission (EEOC) has announced it was replacing its “EEO is the Law” poster with a new poster entitled “Know Your Rights.”…more

Americans with Disabilities Act (ADA), EEO, Employee Rights, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Mary Mullen

Compliance With District of Columbia’s Comprehensive Pay Transparency Law Begins June 30, 2024

The District of Columbia successfully amended its wage transparency laws, bringing employers a June 30, 2024, compliance date for the new pay and benefit transparency obligations. The District of Columbia passed the Wage…more

Equal Pay, Hiring & Firing, Job Ads, Job Applicants, Job Promotions

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Jessica Chamberlin

Connecticut’s Pandemic “Hero Pay” Program Goes Into Effect

Private-sector essential employees who worked in Connecticut during the pandemic may receive up to $1,000 in premium pay (i.e., “hero pay”), through a $30 million fund established under the state budget approved by the General…more

Connecticut, Coronavirus/COVID-19, Essential Workers, Governor Lamont, Premium Pay

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Shannon Bettis Nakabayashi

California Overhauls Private Attorneys General Act

On July 1, 2024, California Governor Gavin Newsom signed two bills, Senate Bill 92 and Assembly Bill 2288, that amend the state’s Labor Code Private Attorneys General Act (PAGA), which deputizes private parties to enforce the…more

California, Employment Litigation, Good Faith, Governor Newsom, Labor & Workforce Development Agency (LWDA)

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Joy Napier-Joyce

Happy National Employee Benefits Day 2024!

To all those who work in the employee benefits arena, whether in legal, finance, benefits administration, payroll, tax, human resources, or many other disciplines, this is our annual reminder to celebrate the valuable and…more

Affordable Care Act, COBRA, Compensation & Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Taylor Napoli

OFCCP Issues Statement Related to Technical Issues with the OFCCP Contractor Portal

The deadline for federal contractors and subcontractors to certify compliance with the affirmative action regulations in the OFCCP Contractor Portal was June 29, 2023. Leading up to the deadline, many contractors experienced…more

Affirmative Action, Compliance, Federal Contractors, OFCCP, Subcontractors

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Natalie Nathanson

Health Plan Hygiene Part 1: A Spoonful of Sugar Helps the Medicine Go Down

During the next several weeks, we will publish a series of articles that dive deeply into “health plan hygiene” relating to health and welfare benefit plan fiduciary issues and how employers can protect themselves in this…more

Affordable Care Act, Breach of Duty, Broker Commissions, Brokers, Consolidated Appropriations Act (CAA)

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Alec Nealon

President Biden Issues Executive Order Regarding the Development and Use of AI

On October 30, 2023, President Biden issued an Executive Order regarding the Development and Use of Artificial Intelligence across the federal government. The Executive Order (EO) is intended to establish new standards for AI…more

Artificial Intelligence, Bias, Department of Energy (DOE), Department of Homeland Security (DHS), Discrimination

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Michael Neifach

How to Navigate FLAG System Updated for New H-2A Farmworker Visa Rule and Court Order

The Department of Labor (DOL) announced its H-2A Transition Plan for updating its Foreign Labor Application Gateway (FLAG) system based on the preliminary injunction (known as the Kansas Order) issued by the U.S. District Court…more

Agricultural Workers, Department of Labor (DOL), Foreign Workers, H-2A, Non-Immigrant Visas

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Angela Quiles Nevarez

City of Los Angeles Issues Rules & Regulations for Retail Fair Workweek Ordinance

On April 1, 2023, the City of Los Angeles’ Retail Fair Workweek Ordinance took effect, but the City had only issued a Frequently Asked Questions page as guidance. More recently, the City published rules and regulations as…more

City of Los Angeles, Fair Workweek, Local Ordinance, Posting Requirements, Retailers

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Matthew Nieman

Compliance With District of Columbia’s Comprehensive Pay Transparency Law Begins June 30, 2024

The District of Columbia successfully amended its wage transparency laws, bringing employers a June 30, 2024, compliance date for the new pay and benefit transparency obligations. The District of Columbia passed the Wage…more

Equal Pay, Hiring & Firing, Job Ads, Job Applicants, Job Promotions

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Peter Nohle

Washington Releases Draft Policy on Tips, Gratuities, and Service Charges

The Washington State Department of Labor & Industries (L&I) released a draft administrative policy regarding tips, gratuities, and service charge requirements for employers. The new policy, titled “Tip, Gratuity, and Service…more

Department of Labor (DOL), Service Charges, Tip-Pooling, Tipped Employees, Wage and Hour

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John Nolan

EEOC Looks To Increase Early Resolutions With Pilot Conciliation, Mediation Programs

The Equal Employment Opportunity Commission (EEOC) has announced two six-month pilot programs to expand its mediation program and increase the effectiveness of its conciliation process. While the EEOC’s press release was short…more

Conciliation, Corporate Counsel, Equal Employment Opportunity Commission (EEOC), Mediation, Non-Discrimination Rules

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Leila Nourani

Governor Signs Legislation Regarding Sexual Harassment Training Requirements For Minors In The Entertainment Industry

On September 25, 2020, Governor Gavin Newsom signed Assembly Bill 3175, which amends Labor Code section 1700.52 regarding sexual harassment prevention training requirements of age-eligible minors prior to the issuance of…more

DFEH, Employee Training, Employer Liability Issues, Entertainment Industry, Governor Newsom

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Bryan O'Connor

[Webinar] Paid Sick and Safe Leave: Are You Still Compliant with Seattle Changing its Rules Again? - June 28th, 11:30am PT

Although paid sick and safe leave is not new to Seattle, the city is once again changing its rules in response to Washington’s new state law. Seattle’s new rules are expected to be released in late May or early June. Employers…more

Continuing Legal Education, Local Ordinance, Paid Leave, Safe Leave, Sick Leave

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Scott Oborne

California’s High Court Rejects An Unwieldly Prevailing Wage Coverage Standard

The Supreme Court of California recently issued two opinions assessing the breadth of California’s prevailing wage law. Before the court in Mendoza v. Fonseca McElroy Grinding Co., Inc. was a specific question about whether…more

CA Supreme Court, Construction Industry, Prevailing Wages, Public Works, Wage and Hour

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Suzanne Odom

Should We Submit Missing Participant Data to the DOL with the Plan’s Form 5500?

If the U.S. Department of Labor’s Notice of Proposed Information Collection Request, issued on April 15, 2024, becomes final, fiduciary retirement plan committees may be asked to evaluate the important question of whether the…more

401k, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary, Internal Revenue Code (IRC)

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Frank Olah

Revamping The No-Rehire Clause

On September 11, 2020, Governor Newsom signed Assembly Bill 2143 (“AB 2143”), which adds further nuances to last year’s AB 749 regarding no-rehire clauses in settlement agreements. AB 749 was part of the #MeToo inspired…more

Good Faith, Governor Newsom, No-Rehire Provisions, Settlement Agreements, Sexual Harassment

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Bianca Olivadoti

U.S. Supreme Court Decision Limits SEC’s Ability to Use Administrative Proceedings in Fraud Cases

The U.S. Supreme Court held that when the Securities and Exchange Commission (SEC) seeks civil penalties against a defendant for securities fraud, the Seventh Amendment of the U.S. Constitution entitles the defendant to a jury…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Article III, Government Agencies

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Brenda Oliver

Data-Based Research Shows Immigration Benefits to Country

As immigration advocates make the case for more immigration to the United States, they tend to focus on the ways immigrants participate in our consumer economy. When highly skilled immigrants come to the United States on…more

Foreign Nationals, Foreign Workers, Highly-Skilled Workers Visa, Immigrants, Visas

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Nancy Oliver

New Hampshire Adopts Paid Leave Program

New Hampshire has joined eight states and the District of Columbia when, on June 24, 2021, the New Hampshire Legislature passed a two-year state budget that includes a paid leave program. Governor Chris Sununu signed the budget…more

Governor Sununu, Paid Family Leave Law, Paid Leave, State Budgets, Wage and Hour

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Otieno Ombok

Temporary Protected Status Extended for El Salvador, Honduras, Nepal, Nicaragua, Sudan

USCIS announced that it is extending the validity of certain Employment Authorization Documents (EADs) issued to Temporary Protected Status (TPS) beneficiaries from El Salvador, Honduras, Nepal, Nicaragua, and Sudan until March…more

Department of Homeland Security (DHS), El Salvador, Employment Authorization Documents (EAD), Foreign Nationals, Form I-9

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Obiora Ikedi Onyemaobim

4 Things for Employers to Know About Wages and the Holidays

As we move into what many refer to as the holiday season, employers may have questions about handling wages and the holidays. Here are four things for employers to understand about holidays and pay for hourly (non-exempt)…more

Holiday Pay, Holidays, Non-Exempt Employees, Over-Time, Wage and Hour

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Melissa Ostrower

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…more

Abortion, Dobbs v. Jackson Women’s Health Organization, Employer Group Health Plans, Planned Parenthood, Pregnancy Discrimination Act (PDA)

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Suellen Oswald

Private Sector Union Membership Rate Held Steady in 2023

The union membership rate among private sector workers remained steady at 6% in 2023, according to a U.S. Bureau of Labor Statistics (BLS) news release. As the 2022 rate indicated, private sector union membership continues to…more

Bureau of Labor Statistics, Labor Relations, NLRB, Union Membership, Union Organizers

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Andrea Oxman

California Voters May Get to Vote to Raise the Minimum Wage to $18.00

California has been working its way up to a $15.00 minimum wage for all employees for several years. As of January 1, 2023, all California employers will be required to pay their employees a minimum wage of $15.00. However, a…more

California, Minimum Wage, State Labor Laws, Wage and Hour, Wages

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Michael Padgett

A USERRA Leave Primer for Manufacturing Employers

Manufacturers rely on consistent employee attendance to operate production lines and meet critical delivery deadlines to customers. The best-laid production plans can be disrupted by employee absences leaving a gap in the…more

Americans with Disabilities Act (ADA), Civil Rights Act, COBRA, Employee Benefits, Family and Medical Leave Act (FMLA)

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Tasos Paindiris

Florida’s Latest Legislation in Wake of COVID-19: What Employers Need to Know

New Florida legislation seeks to protect individuals from discrimination “based on health care choices” and bars COVID-19 mandates. The new law took effect on June 1, 2023. The law’s restrictions on vaccine mandates and facial…more

Coronavirus/COVID-19, Corporate Counsel, Employer Liability Issues, Florida, Governor DeSantis

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Cary Palmer

Federal Preemption of California’s Meal and Break Laws for Interstate Motor Carriers Applies Retroactively

In early 2021, the 9th Circuit upheld federal preemption of California’s meal and rest break laws for interstate motor carrier drivers, in the consolidated case of International Brotherhood of Teamsters v. Federal Motor Carrier…more

California, Commercial Truck Drivers, FMCSA, Motor Carriers, Rest and Meal Break

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Melisa Panagakos

Employers Should Be Prepared for Colorado’s Family and Medical Leave Insurance (FAMLI) Program

Starting January 1, 2023, Colorado employers must comply with Colorado’s Family and Medical Leave Insurance (FAMLI) Act, which requires nearly all employers and all employees to contribute to the state’s paid family and medical…more

Colorado, Employee Contributions, Paid Family Leave Law, Paid Time Off (PTO), State Labor Laws

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Savada Michael Panosian

Shuttles And Carpooling For Manufacturing Employees During A Pandemic

The Centers for Disease Control and Prevention (CDC) has provided resources with tips and recommendations to help prevent the spread of COVID-19 when carpooling or ridesharing to and from work. These can be especially useful to…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Public Health

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Talley Parker

Election 2020: The State of the Workplace: Who is Legislating What?

State laws will have a real and immediate impact on the workplace, regardless of who wins the White House. Issues including minimum wage, family leave and pay equity are traditionally legislated by state and local governments,…more

Coronavirus/COVID-19, EPSLA, Families First Coronavirus Response Act (FFCRA), Legislative Agendas, Minimum Wage

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Melissa Pascualini

Failure to Safeguard, Two Cyber Intrusions, and an $850,000 SEC Settlement

Virtually all organizations have an obligation to safeguard their personal data against unauthorized access or use. Failure to comply with such obligations can lead to significant financial and reputational harm. In a recent…more

Business E-Mail Compromise (BEC), Cybersecurity, Data Breach, Email, Financial Institutions

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Stephen Paterniti

[Webinar] Lessons Learned in the First Month of the Mass. Non-Compete Law - November 28th, 1:00pm ET

On October 1, legislation was passed in Massachusetts regulating the use and enforcement of non-compete agreements in the private sector. The effect on companies has been wide-reaching, and included anticipated changes as well…more

Consideration, Continuing Education, Continuing Legal Education, Contract Terms, Legislative History

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Christopher Patrick

New Washington, D.C. Pay Transparency Law Scheduled to Go Into Effect on June 30, 2024

Washington, D.C. joins a growing group of states requiring employers to include projected salary ranges in job postings and to restrict the use of pay history in setting pay. On Jan. 12, 2024, the mayor of D.C. signed the Wage…more

Job Ads, Job Applicants, Pay Equity Laws, Pay Transparency, State Labor Laws

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Melanie Paul

OSHA Proposes Expansion of Workplace Protections for Emergency Responders

The Occupational Safety and Health Administration (OSHA) has proposed a rule to replace and expand its Fire Brigades Standard. The proposed Emergency Response Standard would impose new requirements on employers with employees…more

Department of the Interior, Emergency Medical Services (EMS), Emergency Response, FEMA, Firemen

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Scott Pechaitis

New Washington, D.C. Pay Transparency Law Scheduled to Go Into Effect on June 30, 2024

Washington, D.C. joins a growing group of states requiring employers to include projected salary ranges in job postings and to restrict the use of pay history in setting pay. On Jan. 12, 2024, the mayor of D.C. signed the Wage…more

Job Ads, Job Applicants, Pay Equity Laws, Pay Transparency, State Labor Laws

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Amy Peck

Upcoming E-Verify Account Login Changes

E-Verify will enhance security for account logins later this year. The system will require multi-factor (or two-step) authentication, meaning that, in addition to a password, users may need to enter a code sent to their email or…more

E-Verify, Form I-9, Immigration Procedures, Multi-Factor Authentication, USCIS

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Stephanie Peet

Pennsylvania’s New Requirements for Tipped and Salaried Employees: Common Questions

The Pennsylvania Department of Labor and Industry has implemented new regulations under the Pennsylvania Minimum Wage Act (PMWA) that go into effect on August 5, 2022. The regulations make a number of important changes for…more

Fair Labor Standards Act (FLSA), Minimum Wage, Pennsylvania, Salaried Employees, State and Local Government

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Raymond Perez, II

OSHA to Require Employers to Submit Injury and Illness Forms Online

The Occupational Safety and Health Administration (OSHA) has released a final rule to restore and expand Obama-era requirements for employers in dozens of designated industries that have worksites with at least 100 employees to…more

Corporate Counsel, Electronic Filing, OSHA, Recordkeeping Requirements, Reporting Requirements

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Robert Perry

The End of Chevron Deference and the Anticipated Impact on Withdrawal Liability

The U.S. Supreme Court recently overturned the decades-old Chevron doctrine of judicial deference to a federal agency’s interpretation of an ambiguous statute. (See “Go Fish! U.S. Supreme Court Overturns ‘Chevron Deference’ to…more

Administrative Procedure Act, American Rescue Plan Act of 2021, Chevron Deference, Employee Retirement Income Security Act (ERISA), Government Agencies

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Patrick Peters

Ohio Appeals Court Reinforces a Trial Court’s Ability to Modify Noncompete Agreements

In MetroHealth Sys. v. Khandelwal, 2022-Ohio-77, Ohio’s Eighth District Court of Appeals affirmed a trial court’s modification of a noncompete agreement between a hospital and a physician formerly employed by the hospital. Both…more

Appeals, Employment Contract, Hospitals, Non-Compete Agreements, Preliminary Injunctions

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Clarisse Petersen

California Proposition to Raise Minimum Wage Delayed

California voters almost had the opportunity to vote on an $18 minimum wage in November 2022. The State has a unique administrative process by which California citizens can propose laws and constitutional amendments without the…more

California, Minimum Wage, Private Attorneys General Act (PAGA), State Labor Laws, Wage and Hour

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Thomas Petriccione

Competition for Control of College-Athletes Enters New Playing Field

November 7, 2023, may become a monumental day in the history of the National Collegiate Athletic Association (NCAA). It is the first day of a potentially groundbreaking hearing. Region 21 of the National Labor Relations Board…more

College Athletes, Colleges, Compensation, Compensation & Benefits, Employees

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Emily Petroski

Michigan Supreme Court Invalidates Legislative Amendments to Minimum Wage, Paid Sick Leave Measures

Michigan employers soon will face a significantly higher minimum wage and more onerous employee sick leave obligations after the Michigan Supreme Court invalidated the Michigan legislature’s amendments related to two voter…more

Amended Legislation, Earned Sick Time, Inflation Adjustments, Medical Leave, MI Supreme Court

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Michelle Phillips

Federal and State Mandates on Use of Employees’ Personal Pronouns Create Uncertainty

Employers must proceed carefully when responding to complaints around pronoun use where federal and state mandates appear to conflict. For instance, Equal Employment Opportunity Commission (EEOC) guidance states that…more

Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Florida, Gender Identity

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Steven Phillips

What Companies Can Learn from FINRA’s Significant Enforcement Areas in First Half 2024

For securities industry employers, Financial Industry Regulatory Authority (FINRA) disciplinary actions and fines can be costly. FINRA disciplinary actions in the first half of 2024 show three areas of significant regulatory…more

Censures, Electronic Communications, Email Policies, Failure To Preserve, Financial Industry Regulatory Authority (FINRA)

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Meryann Piedrahita

State Department Announces New J-1 Visa Japanese Specialist Program

The Department of State announced that the United States and Japan have established a new J-1 Exchange Program – the Japanese Specialist Program. The new program specifically facilitates the exchange of Japanese language and…more

Biden Administration, Immigration Procedures, J-1 Visas, Japan, US State Departments

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Kymiya St. Pierre

California Revives Industrial Wage Commission

On July 10, 2023, Governor Newsom signed Assembly Bill (AB) 102 which will amend the Budget Act of 2023. The bill will take effect immediately as a Budget Bill. While appropriations bills such as AB 102 are generally not of…more

Amended Regulation, Governor Newsom, IWC, State Labor Laws, Wage Orders

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David Pixley

The End of Chevron Deference and the Anticipated Impact on Withdrawal Liability

The U.S. Supreme Court recently overturned the decades-old Chevron doctrine of judicial deference to a federal agency’s interpretation of an ambiguous statute. (See “Go Fish! U.S. Supreme Court Overturns ‘Chevron Deference’ to…more

Administrative Procedure Act, American Rescue Plan Act of 2021, Chevron Deference, Employee Retirement Income Security Act (ERISA), Government Agencies

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Hazel Poei

Ninth Circuit Upholds Arbitration For Non-Signatory Defendant

California law is not typically seen as amiable to compelling employees to arbitrate their claims. However, in Franklin v. Community Regional Medical Center, ___ F.3d___(9th Cir. 2021), the Ninth Circuit panel upheld a motion to…more

Arbitration, Arbitration Agreements, California, Collective Actions, Contract Terms

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John Porta

2022: The Year Ahead for Employers

In 2021, the workforce continued adapting to an evolving global pandemic, increasingly consequential social movements and a dramatic shift in employment policy ushered in by a change of leadership at the federal level. …more

Affordable Care Act, Americans with Disabilities Act (ADA), Class Action, Construction Workers, Coronavirus/COVID-19

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Nicola Ai Ling Prall

Illinois Enacts Additional Employee Protections on Employers’ E-Verify Use

Illinois Governor JB Pritzker has signed an amendment to the Illinois Right to Privacy in the Workplace Act that provides additional employee protections regarding employers’ use of E-Verify. The amendment’s effective date is…more

Department of Homeland Security (DHS), E-Verify, Employer Liability Issues, Form I-9, Illinois

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John Prendergast

Citing Legal Challenges, Labor Board Extends Effective Date of Joint-Employer Rule

The National Labor Relations Board has announced that the effective date of its new “joint employer” final rule is postponed by two months. The announcement coincides with several legal challenges to the rule, previously…more

Corporate Counsel, Joint Employers, NLRB, Postponement, Time Extensions

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Marla Presley

Pennsylvania’s New Requirements for Tipped and Salaried Employees: Common Questions

The Pennsylvania Department of Labor and Industry has implemented new regulations under the Pennsylvania Minimum Wage Act (PMWA) that go into effect on August 5, 2022. The regulations make a number of important changes for…more

Fair Labor Standards Act (FLSA), Minimum Wage, Pennsylvania, Salaried Employees, State and Local Government

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Lauren Presser

The City of San Diego Releases Guidance on Compliance with State and Local Paid Sick Leave

On January 1, 2024, California’s Senate Bill (SB) 616 takes effect, increasing the amount of paid sick leave employers are required to provide to California employees. In the new year, employers will be required to provide 40…more

Local Ordinance, OLSE, Paid Leave, San Diego, Sick Leave

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Marissa Prianti

USCIS Clarifies L-1 Intracompany Transfer Petitions and Sole Proprietorships, Blanket L Petitions

USCIS has issued new policy guidance on L-1 intracompany transfer petitions addressing sole proprietorships and Blanket L petitions. There are two highlights: USCIS has clarified that sole proprietorships cannot file L…more

Department of Homeland Security (DHS), H-1B, Immigration Procedures, Intracompany Transferees, L-1 Visas

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Jessica Quarless

New Illinois Law Allows Prejudgment Interest On Damages In Certain Lawsuits

An amendment to the Illinois Code of Civil Procedure provides that for all actions brought to recover damages for personal injury or wrongful death, prejudgment interest of six percent will begin to accrue on the date the action…more

Civil Code, Damages, Federal Rules of Civil Procedure, Governor Pritzker, Illinois

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MaryAnne Quill

Transgender Discrimination Claims Continue to Evolve; Employers’ Should Take Note.

On October 23, 2021, the Northern District of Illinois partially denied a motion to dismiss a transgender female police officer’s lawsuit, filed under federal civil rights law 42 U.S.C. § 1983 and 740 ILCS 23/5(a) of the…more

Civil Rights Act, Gender Discrimination, Harassment, Sex Discrimination, Sexual Orientation Discrimination

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Robert Rachal

Plan Terms and Tax Rules: What Does “Retire” Mean To Qualify for Retirement Benefits?

In Metzgar v. U.A. Plumbers & Steamfitters Local No. 22 Pension Fund, 2022 U.S. App. LEXIS 5466 (2d Cir. Mar. 2, 2022), the Second Circuit in a summary order affirmed the district court’s decision granting summary judgment in…more

Corporate Counsel, Employee Benefits, Employee Retirement Income Security Act (ERISA), Multi-Employer Pensions, Pensions

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Milena Radovic

Virginia Renews Work Share Program To Support Virginia Employers, Employees

Prior to the passage of SB 548, Virginia was one of 25 states without an active work-sharing program. On April 22, 2020, Governor Ralph Northam enacted a new work-sharing program, which will permit employers to reduce employees’…more

CARES Act, Coronavirus/COVID-19, Department of Labor (DOL), Employment Litigation, Governor Northam

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Cecilie Read

School Is Back in Session—Don’t Forget About Possible California Leave Entitlements for Parents

As kids head back to school, California employees with children may need time off for various reasons from school-related activities to kids who are sick. Here are reminders of the California leave entitlements for parents and…more

California, Caregivers, Paid Leave, Paid Sick Leave, Public Schools

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Forrest Read IV

Biden Administration Grants 18-Month Removal Relief for Certain Lebanese

President Joe Biden on July 26, 2024, granted Deferred Enforced Departure (DED) for certain Lebanese nationals for 18 months due to the humanitarian conditions in southern Lebanon created by the ongoing conflict between…more

Deferred Action, Department of Homeland Security (DHS), Immigrants, Joe Biden, Lebanon

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Kevin Reese

The City of Berkeley Passed a Fair Work Week Ordinance

On December 13, 2022, the City of Berkeley passed the Fair Workweek Employment Standards Ordinance on the second reading. The ordinance will take effect in January 2023; however, it will not become operative until 2024 according…more

California, Fair Workweek, Hospitality Industry, State Labor Laws, Wage and Hour

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Christopher Repole

Labor Board Returns to Pre-Trump Board Union Election Procedures

The National Labor Relations Board (NLRB) has issued its “Fair Choice-Employee Voice” Final Rule, rescinding portions of its April 2020 union representation procedures on blocking charges, the voluntary recognition bar, and…more

Chevron Deference, Labor Relations, NLRA, NLRB, Trump Administration

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Chad Richter

NLRB General Counsel Memo on Electronic Monitoring of Employees

Responding in part to the nature of the post-COVID-19 remote workplace, NLRB GC Jennifer Abruzzo has released a memo on employers’ use of electronic monitoring and automated management in the workplace…more

Coronavirus/COVID-19, Employee Monitoring, Equal Employment Opportunity Commission (EEOC), NLRA, NLRB

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Michael Ridenour

Third Circuit Affirms Dismissal Of Employee Who Advocated Violence In A Social Media Post

In a recent employee termination case, the Third Circuit Court of Appeals recently upheld the dismissal of race discrimination claims by a bank employee who was terminated due to a social media post. Plaintiff, a Caucasian…more

Electronically Stored Information, Hiring & Firing, NLRB, Race Discrimination, Social Media

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Jenna Rinehart Rassif

Amendment to Florida Civil Rights Act Restricts Concepts Employers Can Discuss in Training

Governor Ron DeSantis has signed HB 7, nicknamed the “Stop W.O.K.E. Act,” which stands for “Stop the Wrongs to Our Kids and Employees.” The new law’s stated purpose is to protect individual freedoms and prevent discrimination in…more

Civil Rights Act, Discrimination, Diversity, Employee Training, Governor DeSantis

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Greg Riolo

U.S. Supreme Court Hears Oral Argument on Where Businesses Can Be Sued

The constitutionality of Pennsylvania’s “registration statute,” which requires corporations that register to do business in Pennsylvania consent to the “general personal jurisdiction” of Pennsylvania, was the subject of oral…more

Corporate Counsel, Multistate Employers, Oral Argument, PA Supreme Court, Pennsylvania

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Ashley Rippolone

California Passes Legislation Regarding Job Performance Quotas For Large Warehouse Facilities

On September 22, 2021, California’s Governor signed Assembly Bill 701 (AB 701) which regulates the use of quotas at warehouse distribution centers in California. The new law applies to large employers who meet industry…more

Corporate Counsel, Governor Newsom, Labor Code, Performance Standards, Quotas

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Craig Roberts

New York State Department Of Labor Issues Revised Proposed ‘Predictive Scheduling’ Regulations

The New York State Department of Labor (NYSDOL) has issued sweeping proposed regulations addressing worker scheduling practices that will affect most employers in the state (though employers covered by the Hospitality Wage Order…more

Department of Labor (DOL), Employer Liability Issues, State and Local Government, State Labor Laws, Wage and Hour

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Gina Roccanova

California Supreme Court Holds Public Employers Exempt from Labor Code and PAGA

In Stone v. Alameda Health System, the California Supreme Court considered whether all public entities that are not specifically governmental in nature are exempt from the obligations in the Labor Code such as meal and rest…more

CA Supreme Court, California, Labor Code, Private Attorneys General Act (PAGA), Public Entities

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Joanna Rodriguez

Class Action Trends Report Winter 2021

Last year presented many challenges, and 2021 offers a fresh start. In this issue of the Class Actions Trends Report we review the most significant developments of 2020 and take a look forward to what a new year and a new…more

401k, Americans with Disabilities Act (ADA), Arbitration, Biden Administration, Biometric Information Privacy Act

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Karina Rodríguez

Puerto Rico Increases Hourly Minimum Wage to $10.50 Beginning July 1, 2024

Puerto Rico’s minimum wage will increase to $10.50 per hour from $9.50 per hour effective July 1, 2024. This increase was finally approved by the Minimum Wage Review Commission on June 13, 2024. With limited exceptions, the…more

Fair Labor Standards Act (FLSA), Labor Regulations, Minimum Wage, Puerto Rico, Wage and Hour

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Jason Ross

[Event] 2022 Government Contractor Employment Law Symposium - November 17th, Tysons, VA

Join a multi-disciplinary team of Jackson Lewis attorneys, along with guest speakers from the government contracting firm Smith Pachter, for a full-day of presentations, interactive discussions and practical solutions addressing…more

Americans with Disabilities Act (ADA), Best Practices, Bid Proposals, Biden Administration, Continuing Legal Education

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Melanie Ross

New York Issues Guidance, Proposes Regulations on Newly Effective Pay Transparency Requirements

Pay transparency obligations are in effect in New York State, and the state Department of Labor has issued employer guidance and proposed regulations. As of September 17, 2023, covered employers must include in any…more

Hiring & Firing, Job Ads, Job Applicants, Job Promotions, New York

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Cepideh Roufougar

EEOC Issues Final Regulations to Implement the Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC) has issued final regulations and Interpretative Guidance to implement the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023. The PWFA requires…more

Equal Employment Opportunity Commission (EEOC), Final Rules, Pregnant Workers Fairness Act, Public Comment, Reasonable Accommodation

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Allan Rubin

Michigan Supreme Court Invalidates Legislative Amendments to Minimum Wage, Paid Sick Leave Measures

Michigan employers soon will face a significantly higher minimum wage and more onerous employee sick leave obligations after the Michigan Supreme Court invalidated the Michigan legislature’s amendments related to two voter…more

Amended Legislation, Earned Sick Time, Inflation Adjustments, Medical Leave, MI Supreme Court

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Jeffrey Rudd

Chicago City Council Passes Measure to Eliminate the Tip Credit

The Chicago City Council voted on October 6, 2023, to eliminate the subminimum wage for tipped employees working within Chicago by July 1, 2028. The “One Fair Wage” ordinance will gradually phase out the subminimum wage, also…more

City Councils, City of Chicago, Local Ordinance, Minimum Wage, Restaurant Industry

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Jennifer Rusie

[Event] 2022 Government Contractor Employment Law Symposium - November 17th, Tysons, VA

Join a multi-disciplinary team of Jackson Lewis attorneys, along with guest speakers from the government contracting firm Smith Pachter, for a full-day of presentations, interactive discussions and practical solutions addressing…more

Americans with Disabilities Act (ADA), Best Practices, Bid Proposals, Biden Administration, Continuing Legal Education

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Kathryn Russo

DEA Will Hold Public Hearing to Address Marijuana Rescheduling

The Drug Enforcement Administration announced on August 29, 2024 that it will hold a public hearing to address the proposed rescheduling of marijuana from Schedule I to Schedule III of the federal Controlled Substances Act…more

Agribusiness, Controlled Substances Act, DEA, Decriminalization of Marijuana, Federal Register

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A. Scott Ruygrok

Wrap Up of California’s 2022 Legislative Session – What Employers Need to Know

California’s 2022 legislative session ended with numerous bills affecting employers and employment practices and procedures in the Golden State. Governor Gavin Newsom signed more than 30 of those bills into law, including bills…more

California, Corporate Counsel, Disability Insurance, Fast-Food Industry, Franchises

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Margaret Ryan

Minnesota Job Postings Must Comply With New Compensation Disclosure Requirements Beginning January 2025

The final days of the 2024 Minnesota legislative session brought a flurry of activity impacting Minnesota employment laws, including many substantive changes to existing Minnesota employment laws and several new employment laws…more

Compensation & Benefits, Disclosure Requirements, Job Ads, Pay Transparency, State Labor Laws

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Sarah Ryan

Court Denies Request to Enjoin Oregon Vaccination Requirements for Healthcare, School, Other Workers

The plaintiffs were not likely to succeed in showing their individual interests in remaining unvaccinated outweighed Oregon’s interest in public health and welfare to slow the spread of COVID-19, U.S. District Court Judge…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Mandates, Governor Brown, Health Care Providers

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Timothy Ryan

Manufacturers and Labor Board’s Decision Limiting Employers’ Response to Abusive Workplace Conduct

The National Labor Relations Board has narrowed the rights of employers to discipline employees who, while engaged in protected concerted activity under the National Labor Relations Act, engaged in abusive conduct. Lion…more

Abusive Acts, Employee Misconduct, Employer Liability Issues, Manufacturers, NLRA

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Monica Ryden

Arizona Expands Employment Discrimination Laws To Prohibit Pregnancy Discrimination

Arizona Governor Doug Ducey signed into law a bill that prohibits employers from discriminating against workers based on pregnancy or childbirth. Amending the Arizona Civil Rights Act, the bill (House Bill 2045) defines…more

Arizona, Civil Rights Act, Employment Discrimination, Pregnancy Discrimination

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Janelle Sahouria

Updates to Required California Pamphlets for New Hires

The State of California recently updated two pamphlets that must be provided to new hires. The California Department of Industrial Relations Division of Workers Compensation updated its “Time of Hire” Pamphlet. Employers must…more

California, EDD, Hiring & Firing, Notification Requirements, State Labor Laws

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Karina Salazar

Evanston, Illinois, Fair Workweek Law Imposes Predictive Scheduling Obligation on Employers

Evanston, Illinois, has adopted an ordinance requiring certain employers in designated industries to give workers a 14-day notice of schedule changes and compensate them with “predictability pay” if any changes occur less than…more

Fair Workweek, Hospitality Industry, Illinois, Restaurant Industry, Retailers

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T. Chase Samples

New Reporting Requirements for South Carolina Employers

Starting in the first quarter of 2024, employers must report Standard Occupational Code (SOC) information for their employees in the quarterly wage file reports due by April 30, 2024. In May 2023, Governor Henry McMaster…more

Governor McMaster, Quarterly Report, Reporting Requirements, State Labor Laws

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Henry Sanchez

Getting Local: City of Los Angeles Local Laws

The City of Los Angeles, like many other major cities in the state of California, has several local employment law ordinances in effect. Employers should also be aware that the County of Los Angeles has some separate local…more

City of Los Angeles, Fair Chance Act, Hospitality Industry, Local Ordinance, Minimum Wage

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Jaime Sanchez

Fourth Circuit Provides Guidance On How To Count Affected Employees Under WARN Act

A federal contractor that could not secure extended financing and suddenly laid off its workers when it could not make payroll was not a covered “employer” under the Worker Adjustment and Retraining Notification Act (WARN Act),…more

Business Closures, Corporate Counsel, Federal Contractors, Financing, Layoffs

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John Sander

Understanding the EU Pay Transparency Directive

At one time largely a U.S. concern, pay equity and transparency have rapidly become globally important to all multinational companies wherever headquartered. The EU Pay Transparency Directive is a milestone adopted with clear…more

Canada, Disclosure Requirements, Equal Pay, EU, Gender-Based Pay Discrimination

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Rajula Sati

USCIS Issues Additional Guidance in Evaluation of O-1B (Extraordinary Ability) Nonimmigrant Visa Petitions

USCIS shared updated guidance on how it will evaluate evidence for petitions seeking O-1B classification as individuals of Extraordinary Ability in the Arts or in the Motion Picture and Television Industry (MPTV)…more

Corporate Counsel, Foreign Nationals, Immigration Procedures, Non-Immigrant Visas, USCIS

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Andreas Satterfield

South Carolina Governor Authorizes Use Of COVID-19 Support Payments By Employers To Employees

South Carolina Governor Henry McMaster has issued Executive Order No. 2020-22, which allows employers to make voluntary “COVID-19 Support Payments” to employees who are placed on furlough because of the COVID-19 pandemic without…more

Coronavirus/COVID-19, Economic Injury Disaster Loans, Financial Stimulus, Relief Measures, Small Business

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Stephanie Satterfield

EEOC VC Samuels’ Keynote at Workplace Horizons Addresses PWFA, AI, Muldrow & More

Jocelyn Samuels was designated by President Joe Biden as Vice Chair of EEOC on January 20, 2021. She joined the EEOC as a Commissioner on October 14, 2020, and on July 14, 2021, was confirmed for a second term ending in 2026…more

Affirmative Action, Anti-Harassment Policies, Artificial Intelligence, Civil Rights Act, Diversity

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Katrin Schatz

Scope of Accommodations Required Under PWFA Narrowed in Louisiana and Mississippi

On the eve of the effective date of the Equal Employment Opportunity Commission’s (EEOC’s) final Pregnant Workers Fairness Act (PWFA) regulations (Final Rule), a federal court in Louisiana postponed the effective date of what…more

Abortion, Consolidated Appropriations Act (CAA), Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnant Workers Fairness Act

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Laura Pierson-Scheinberg

Labor Commissioner’s FAQ on Fast Food Minimum Wage

On April 1, 2024, the new fast-food minimum wage took effect. At the end of March, California’s Labor Commissioner issued an FAQ regarding the new minimum wage. It includes the following sections: •Overview of the Minimum Wage…more

California, Fast-Food Industry, Food Service Workers, Labor Commissioners, Minimum Wage

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Leonora Schloss

California Supreme Court Upholds Good Faith Belief Defense for Certain Wage Statement Penalties

For the second time, the California Supreme Court issued a ruling in Naranjo v. Spectrum Security Systems in May. In May 2022, the California Supreme Court issued its first decision in Naranjo v. Spectrum Security Systems, which…more

CA Supreme Court, Class Action, Employer Liability Issues, Employment Litigation, Labor Law Violations

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Jeffrey Schlossberg

Empowering Agent and Employee Wellness in the Real Estate Industry

Wellness is important for a variety of reasons, not the least of which is that real estate agents and employees spend so much time at work. According to the U.S. Bureau of Labor Statistics, in 2022, full-time employees in the…more

Adverse Employment Action, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Anti-Harassment Policies, Job Duties

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Benjamin Schnayerson

California Prohibits Retaliation Against Employees for Refusal to Report to Work During Emergency Conditions

On September 29,2022, California’s Governor Gavin Newsom signed Senate Bill (SB) 1044, which prohibits an employer in the event of an emergency condition from taking or threatening adverse action against any employee for…more

California, Employees, Employer Liability Issues, Natural Disasters, New Legislation

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Jeremy Schneider

[Event] 2022 Government Contractor Employment Law Symposium - November 17th, Tysons, VA

Join a multi-disciplinary team of Jackson Lewis attorneys, along with guest speakers from the government contracting firm Smith Pachter, for a full-day of presentations, interactive discussions and practical solutions addressing…more

Americans with Disabilities Act (ADA), Best Practices, Bid Proposals, Biden Administration, Continuing Legal Education

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Lorien Schoenstedt

Labor Board Returns to Pre-Trump Board Union Election Procedures

The National Labor Relations Board (NLRB) has issued its “Fair Choice-Employee Voice” Final Rule, rescinding portions of its April 2020 union representation procedures on blocking charges, the voluntary recognition bar, and…more

Chevron Deference, Labor Relations, NLRA, NLRB, Trump Administration

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Daniel Schudroff

Labor Board Expands an Employer’s Duty to Bargain During Contract Negotiations

Overruling crucial aspects of precedent, the National Labor Relations Board has expanded an employer’s duty to bargain with employees under the National Labor Relations Act following the expiration of a labor contract and during…more

Collective Bargaining, Employer Liability Issues, Labor Regulations, Labor Relations, NLRA

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Joseph Schuler

D.C. Mayor’s Signature Puts Modified Non-Compete Ban on Track for October 1st Effective Date

The District of Columbia City Council has finalized amendments to implement the D.C. Ban on Non-Compete Agreements Amendment Act of 2020 effective October 1, 2022, and Mayor Muriel Bowser has signed D.C. Bill 24-256…more

Employer Liability Issues, Highly Compensated Employees, Non-Compete Agreements, Restrictive Covenants, Trade Secrets

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Jeffrey Schwartz

Ambiguous Offer Of Judgment Cannot Support Attorney’s Fees Award, Georgia Court Of Appeals Holds

An unaccepted offer of judgment that contains internal inconsistencies and ambiguities as to its scope is neither enforceable nor supports an award of attorney’s fees under Georgia’s Rule 68. Reversing a trial court’s $837,445…more

Ambiguous, Appellate Courts, Attorney's Fees, Breach of Duty, Business Partners

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Jennifer Schwartz

Miami Minimum Wage Ordinance Remains Invalid After Review Denied By Florida Supreme Court

A 2016 Miami ordinance, intended to increase the City’s minimum wage to more than $13.00 an hour by 2021, remains invalid after the state’s highest court denied review of a lower appellate court decision. In 2003, the Florida…more

Employer Liability Issues, Local Ordinance, Minimum Wage, Wage and Hour

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Sydney Schwartz

What Responsibilities Do Employers Have Under New York State’s Retail Worker Safety Act?

New York Governor Kathy Hochul signed the Retail Worker Safety Act (S. 8358B/A. 8947C) into law on Sept. 4, 2024. The Act will require covered retail employers to: 1.Adopt a retail workplace violence prevention policy…more

Covered Employer, Employee Training, New Legislation, New York, Retailers

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K. Joshua Scott

Maine Limits Employers From Requesting Criminal History Of Applicants Pre-Offer

Maine’s new “An Act Relating to Fair Chance in Employment” prohibits employers from requesting an applicant’s criminal history on their initial employment applications. An employer may ask about an applicant’s criminal history…more

Criminal Background Checks, Department of Labor (DOL), Fair Chance Act, Governor Mills, Hiring & Firing

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Nicholas Scotto

Top Five Labor Law Developments for May 2022

1. The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to expanding…more

Collective Bargaining, Corporate Counsel, Decertification, Employee Rights, Employer Liability Issues

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Larry Seegull

Maryland Expands Face Covering Requirement, Unemployment Benefits, Issues Travel Advisory

Maryland Governor Larry Hogan has issued a new Executive Order (EO) requiring all people older than five to wear face coverings in indoor public spaces and outdoors where social distancing is not possible. Additionally, the…more

Governor Hogan, Personal Protective Equipment, State and Local Government, Travelers, Unemployment Benefits

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Charles Seemann III

Louisiana Limits Non-Compete Agreements for Physicians

Following the national trend toward prohibiting or limiting non-compete agreements, Louisiana Senate Bill 165 limits the length and geographical scope of non-compete agreements for both specialty and primary care physicians. The…more

Federal Trade Commission (FTC), Hospitals, Louisiana, Non-Compete Agreements, Physicians

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Steven Seidenfeld

Preventing Retaliation Claims During And After An Internal Investigation

When an employee reports a concern regarding fraudulent or illegal behavior, an employer’s immediate response is likely to open an investigation, stop any wrongdoing, and take appropriate corrective action. In the race to manage…more

Anti-Retaliation Provisions, Internal Investigations, Retaliation, Sarbanes-Oxley, Whistleblowers

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Robert Frederick Seidler

Indiana Bans Physician Non-Competes for Primary Care Physicians, Adds Restrictions for Others

Just three years after passing a statute significantly restricting the enforceability of physician non-compete agreements, Indiana’s legislature has passed an amendment, Senate Enrolled Act No. 7. Senate Enrolled Act No. 7 would…more

Governor Holcomb, Health Care Providers, IN Supreme Court, Non-Compete Agreements, Physicians

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Robert Seigel

The U.S. Supreme Court Overturned Chevron: What That Means for the NLRB

The U.S. Supreme Court’s decision in Loper Bright Enterprises et al. v. Raimondo and Relentless, Inc. v. Department of Commerce, Nos. 21-5166/22-1219, (June 28, 2024) overturning the Chevron doctrine left open the future scope…more

Appellate Courts, Chevron Deference, Judicial Authority, Labor Law Violations, Loper Bright Enterprises v Raimondo

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Jason Selvey

Illinois Governor Signs BIPA Amendment Into Law

On August 2, 2024, Governor Pritzker signed Senate Bill (SB) 2979, which amends the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (BIPA). The bill, which passed both the Illinois House and Senate by an…more

Amended Legislation, Biometric Information, Biometric Information Privacy Act, E-Signatures, Governor Pritzker

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Poonam Sethi

Lessons for Construction Industry in Labor Board’s New Test to Classify Independent Contractors

The National Labor Relations Board (NLRB) has made finding independent contractor status harder under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95 (2023). This decision may significantly affect…more

Back Wages, Construction Industry, Employee Benefits, Independent Contractors, Misclassification

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Angel Sevilla

California Wage Orders, What Are They & Why Employers Should Care

The California Industrial Welfare Commission has 17 wage orders that apply to different employers based on their industry or occupation. Although other than minimum wage, these wage orders have not been updated since 2001, they…more

California, Exemptions, Minimum Wage, Over-Time, Posting Requirements

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Ronald Sgambati

New Jersey Court Offers A Reminder That The Duty Of Loyalty Is Thicker Than Ink

Do employees in New Jersey owe a duty of loyalty to employers, even without a written employment agreement? Eliminating any possible doubt, the New Jersey Appellate Division answered, emphatically, yes…more

Breach of Duty, Duty of Loyalty, Non-Solicitation Agreements, Restrictive Covenants

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Jessica Shafer

San Francisco Issues Implementation Guidance for Military Leave Pay Protection Act

On February 19, 2023, San Francisco’s Private Sector Military Leave Pay Protection Act took effect. The ordinance requires covered employers to provide supplemental pay to an employee while on leave for military duty for up to…more

Labor Standards Enforcement, Local Ordinance, Military Leave, Military Service Members, San Francisco

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Nicole Shaffer

Computer Software Employees and Physicians Overtime Exemption Rates for 2022

For an employee to be deemed exempt from overtime regulations under California law, the employee must fit into a category of work that is deemed exempt. The most common exemption is the administrative exemption, which includes…more

Administrative Exemption, Computer Software Workers, Exempt-Employees, Physicians

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Jonathan Shank

Rhode Island to Increase Length of Temporary Caregiver Insurance Benefits

The governor of Rhode Island has signed into law amendments to the Temporary Caregiver Insurance (TCI) law that will increase the amount of leave benefits available to employees beginning Jan. 1, 2025. Currently, eligible…more

Caregivers, Employee Benefits, Paid Leave, Rhode Island, Wage and Hour

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Robert Shank

Kentucky Passes Right-to-Work Law: FAQs on What This Means to Kentucky Employers and Their Employees

Kentucky has passed House Bill 1, the Kentucky Right to Work Act, making Kentucky the 27th state to adopt right-to-work legislation…more

Collective Bargaining, New Regulations, Prevailing Wages, Repeal, Right to Work

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Jennell Shannon

Minnesota’s Paid Leave Law: New Guidance, Higher Payroll Taxes, Amendments

Under Minnesota’s Paid Leave Law (PLL) that goes into effect in January 2026, employers must provide covered employees up to 20 weeks of leave to care for themselves and their family members with paid leave benefits available…more

Data Privacy, Employee Contributions, Executive Compensation, Governor Walz, New Legislation

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Henry Shapiro

New York State Department of Labor Issues Updated Materials on Workplace Lactation Rights

The New York State Department of Labor has issued revised materials, including an updated mandatory model policy, ahead of the June 19, 2024, effective date for the transition of workplace lactation breaks from unpaid to paid in…more

Amended Legislation, Lactation Accommodation, New York, Rest and Meal Break, State Labor Departments

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Howard Shapiro

Class Action Alleges “Scheme” by TIAA and Morningstar to Drive Participants into TIAA’s Most Profitable Funds

On August 5, three Named Plaintiffs sued TIAA and Morningstar in the S.D.N.Y., claiming Defendants engaged in a “scheme to enhance corporate profits” by counseling participants to invest in two of TIAA’s most lucrative…more

401k, Class Action, Defined Contribution Plans, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Benjamin Sharkey

Amendment To Florida Rules Increases Likelihood Of Summary Judgment In State Court

The Florida Supreme Court recently amended Florida Rule of Civil Procedure 1.510 (Summary Judgment), adopting the less restrictive federal summary judgment standard as articulated by the United States Supreme Court in Celotex…more

Evidence, Federal Rules of Civil Procedure, FL Supreme Court, Litigation Strategies, Summary Judgment

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Raina Sharma

Understanding Compliance with California’s Sexual Harassment Prevention Training Requirements

Employers should have a comprehensive plan regarding sexual harassment prevention in the workplace, which includes training for all employees. Under current California law, employers with five or more employees are required to…more

California, DFEH, Discrimination, Employee Training, FEHA

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Ravindra Shaw

U.S. Supreme Court Will Finally Weigh In On Scope Of Computer Fraud And Abuse Act

The U.S. Supreme Court has agreed to decide whether it is a violation of the Computer Fraud and Abuse Act (CFAA) when an individual who is authorized to access information on a computer accesses the same information for an…more

Computer Fraud and Abuse Act (CFAA), SCOTUS, Unauthorized Access, Van Buren v United States

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James Shea

Connecticut High Court To Decide If Women-Only Workout Area Violates State Anti-Discrimination Law

On May 7, 2021, the Connecticut Supreme Court will hear oral argument in the case of Commission on Human Rights & Opportunities (CHRO) v. Edge Fitness, LLC, et al., SC 20538 (Conn.). The case presents an issue of first…more

American Civil Liberties Union (ACLU), CT Supreme Court, Discrimination, Human Rights, Public Accommodation

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Xiaolu Sheng

USCIS Improvements Cut Naturalization Processing Time

USCIS is processing naturalization cases faster than they have in years, and the agency is managing to cut down on its naturalization backlog. Given the current average timing, eligible green card holders who applied early in…more

Administrative Backlogs, Citizenship, Eligibility, Immigration Procedures, Naturalization

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Andrew Sherwood

What Companies Can Learn from FINRA’s Significant Enforcement Areas in First Half 2024

For securities industry employers, Financial Industry Regulatory Authority (FINRA) disciplinary actions and fines can be costly. FINRA disciplinary actions in the first half of 2024 show three areas of significant regulatory…more

Censures, Electronic Communications, Email Policies, Failure To Preserve, Financial Industry Regulatory Authority (FINRA)

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Ana Shields

Strategies for Investigating Misconduct Against Superstars, C-Suite Employees in Retail Industry

In the retail industry, when superstars, C-suite employees, and other high-achieving individuals are accused of misconduct, the company has a significant management challenge to address the situation in an unemotional,…more

Attorney-Client Privilege, C-Suite Executives, Confidential Information, Disclosure Requirements, Documentation

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Syafiqah Shuhaimi

Getting Local: City of Santa Monica Local Ordinances

Like its neighbor City of Los Angeles, Santa Monica has local employment ordinances. However, as a popular tourist destination, Santa Monica has several ordinances pertaining to the hospitality industry that employers should…more

Employment Policies, Hospitality Industry, Local Ordinance, Minimum Wage, Paid Sick Leave

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Kevin Sibbernsen

Training Repayment Agreements Remain Under Federal Scrutiny

Training repayment agreements (TRA) are a tool for retaining employees after they received employer-paid training. Generally, a TRA requires an employee to repay an employer for the costs of training if the employee leaves…more

Consumer Financial Protection Bureau (CFPB), Continuing Education, Debt, Employee Training, Employment Contract

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Adam Siegel

California Supreme Court Upholds Proposition 22 as Constitutional

Castellanos v. State of California centered on the constitutionality of Proposition 22, the “Protect App-Based Drivers and Services Act,” which allowed app-based rideshare and delivery companies to hire drivers as independent…more

CA Supreme Court, Delivery Drivers, Independent Contractors, Mobile Apps, Workers’ Compensation

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Jonathan Siegel

Governor Signs Budget Bill Putting Health Care Minimum Wage on Pause

On June 29, 2024, California’s Governor signed Senate Bill (SB) 159, a budget bill pertaining to healthcare. Within this budget bill were revisions to California’s health care worker minimum wage, further delaying the…more

Budgets, California, Delays, Department of Financial Services, Governor Newsom

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Paul Siegel

How Little May An Employee Allege For Retaliation Protection?

The question of when a worker has raised concerns about discrimination sufficient to gain retaliation protection has not been answered consistently and clearly by courts. A case in Texas may provide clarification..…more

Age Discrimination, Attorney's Fees, EEO, Employer Liability Issues, Gender Discrimination

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Christina Silva

Guidance for Classification of Construction Workers Provided by New Jersey Supreme Court

In a case involving a drywall installation business, the New Jersey Supreme Court has provided helpful tips for employers to properly classify construction workers as independent contractors or employees and to accurately assess…more

1099s, ABC Test, Construction Workers, Department of Labor (DOL), Employer Contributions

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Damon Silver

The Spotlight Shines Even Brighter: New York Attorney General Publishes Guidance On Businesses’ Use Of Website Tracking Technologies

Organizations across the spectrum rely heavily on website tracking technologies to understand user behavior, enhance customer experience, and drive growth. The convenience and insights these technologies offer come with a…more

Cookies, Disclosure, Invasion of Privacy, New York, State Attorneys General

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Amanda Simpson

Fifth Circuit Strikes Down DOL Tip Credit Rule: What It Means for Employers

In a long-awaited decision, the Department of Labor (DOL) regulation setting strict limits on the amount of time that tipped employees can spend performing work that does not directly generate tips has been struck down by the…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Food Service Workers, Hospitality Industry, Minimum Wage

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Suzana Sinatra

9th Circuit Holds California Paid Sick Leave Does Not Apply to Rail Workers

California’s Healthy Workplace, Healthy Family Act (the Act) requiring most employers to provide paid sick leave for covered employees went into effect in 2015. However, in 2017 and 2021, two separate California federal district…more

Healthy Workplaces Healthy Families Act 2014, Paid Leave, Preemption, Railroad Unemployment Insurance Act (RUIA), Railroads

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Sarah Skubas

Impact of Labor Board’s New Joint-Employer Rule on Healthcare Industry

The National Labor Relations Board’s Final Rule for determining joint-employer status under the National Labor Relations Act raises serious concerns among healthcare employers who often use staffing agencies and other…more

Browning-Ferris Industries of California Inc., Compensation & Benefits, Healthcare Workers, Job Duties, Joint Employers

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Joshua Sliker

Nevada: New Laws Imposing New Requirements On Employers

At the conclusion of the Nevada Legislature’s 81st Session, Nevada Governor Steve Sisolak signed several bills into law affecting every point of the employer-employee relationship, from application to termination. Changes…more

Employer Liability Issues, Governor Sisolak, Hiring & Firing, Private Right of Action, Race Discrimination

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Elliot Slowiczek

New Illinois Law Aims to Curtail Employers’ Mandatory, Captive Audience Meetings

Illinois joined a handful of other states in limiting employers’ ability to conduct “captive audience” meetings when Governor J.B. Pritzker signed into law SB3649, commonly known as the Worker Freedom of Speech Act. The Act is…more

Department of Labor (DOL), General Meetings, Illinois, Mandatory Requirements, New Legislation

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Adair Smith

Columbus, OH, Salary History Ban Goes Into Effect March 1, 2024

Starting March 1, 2024, the City of Columbus ordinance banning inquiries into an applicant’s salary history goes into effect. This ordinance applies to all employers with 15 or more employees within Columbus. Employers that…more

Employer Liability Issues, Hiring & Firing, Job Applicants, Salary/Wage History, Wage and Hour

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Ann Smith

Department of Justice Warns Governor that North Carolina LGBT Law is Unlawful

North Carolina’s law restricting access to restrooms based on an individual’s sex assigned at birth and not based on an individual’s consistent gender identity violates both Title VII of the Civil Rights Act and Title IX of the…more

Department of Justice (DOJ), Governor McCrory, Restroom Legislation, Title IX, Title VII

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David Alejandro Calles Smith

Passport Renewals Experiencing Increased Delays

U.S. passport renewals are taking longer. Applying for renewals well in advance of travel abroad may be particularly important if you also need a visa in the new passport. Moreover, many countries require that your passport…more

Coronavirus/COVID-19, Delays, Passports, Travelers, Visas

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Mary Smith

Fair Housing Training: Key Real Estate Industry Compliance Tool to Raise Awareness, Enhance Communication

Property management, real estate brokerages, agents, their employees, and others involved in the real estate industry should consider implementing comprehensive fair housing training programs on a regular and consistent basis to…more

Anti-Discrimination Policies, Department of Justice (DOJ), Employee Training, Fair Housing Act (FHA), Housing Discrimination

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Renee Smith

Department of Education Releases Final Rule Amending Title IX Regulations

The U.S. Department of Education has released its final amendments of the regulations to Title IX of the Education Amendments of 1972 regarding how educational institutions must handle allegations of sexual discrimination and…more

Amended Regulation, Department of Education, Educational Institutions, Grievance Process, Sex Discrimination

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John Snyder

Empowering Agent and Employee Wellness in the Real Estate Industry

Wellness is important for a variety of reasons, not the least of which is that real estate agents and employees spend so much time at work. According to the U.S. Bureau of Labor Statistics, in 2022, full-time employees in the…more

Adverse Employment Action, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Anti-Harassment Policies, Job Duties

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Hugh Sokolski

Federal and State Mandates on Use of Employees’ Personal Pronouns Create Uncertainty

Employers must proceed carefully when responding to complaints around pronoun use where federal and state mandates appear to conflict. For instance, Equal Employment Opportunity Commission (EEOC) guidance states that…more

Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Florida, Gender Identity

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David Solomon

Beyond Backpay: Labor Board Adds Extra Compensation to Employees in ‘Make-Whole’ Awards

In a 3-2 decision, the National Labor Relations Board (NLRB) has expanded its own authority to order consequential damages in all cases in which “make whole” relief is appropriate. Thryv, Inc., 372 NLRB No. 22 (Dec. 13, 2022)…more

Back Pay, Employer Liability Issues, Financial Harm, Layoffs, Make-Whole Premium

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Ryan Soscia

The New Wave of Florida Telephone Solicitation Act Litigation

With advances in technology and business marketing come changes in the law and new litigation. Many businesses are familiar with the federal Telephone Consumer Protection Act (TCPA) but may be less familiar with Florida’s…more

Automated Systems, Class Action, Florida, Private Right of Action, Solicitation

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Marcia Laurido Soto

First Circuit Affirms Decision to Strike Down Amendments to Puerto Rico 2017 Employment Law Reform

The U.S. Court of Appeals for the First Circuit has affirmed a federal district court’s decision that declared null and void ab initio Puerto Rico Act 41-2022. Financial Oversight Board v. Hernandez Montañez et al., No. 23-1267…more

Employment Litigation, Probationary Period, Puerto Rico, Puerto Rico Oversight Management and Economic Stability Act (PROMESA), Wage and Hour

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Timothy Speedy

New Jersey’s Expanded Mini-WARN Law to Take Effect April 2023

After a two-year delay, the amendment to the New Jersey Millville-Dallas Airmotive Plant Job Loss Notification Act, the state’s mini-WARN law, will take effect on April 10, 2023. The Act, as amended, expands the coverage of the…more

Back Pay, Compensation, Governor Murphy, Layoffs, New Amendments

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Trisana Spence

Is Your Board Cyber-Ready? Leadership Steps to Support Corporate Cybersecurity

The growing concern around cyberthreats for companies across the nation is reflected in the increasingly crowded legislative landscape that provides guidance to organizations, employers, employees, consumers, and investors. As…more

Cyber Attacks, Cyber Incident Reporting, Cyber Threats, Cybersecurity, Disclosure Requirements

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Jonathan Spitz

Labor Board Returns to Pre-Trump Board Union Election Procedures

The National Labor Relations Board (NLRB) has issued its “Fair Choice-Employee Voice” Final Rule, rescinding portions of its April 2020 union representation procedures on blocking charges, the voluntary recognition bar, and…more

Chevron Deference, Labor Relations, NLRA, NLRB, Trump Administration

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Darran St. Ange

Eighth Circuit Holds Principal Did Not Breach Its Fiduciary Duty to 401(k) Plan Participants Despite Conflict of Interest

The U.S. Court of Appeals for the Eighth Circuit recently affirmed a District Court’s finding that Principal Life Insurance Company (“Principal”) did not breach its fiduciary duties regarding its stable value contract for 401(k)…more

401k, Breach of Duty, Duty of Loyalty, Fiduciary Duty, Fixed Income Investments

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Kaylyn Stanek

Minnesota’s Paid Leave Law: New Guidance, Higher Payroll Taxes, Amendments

Under Minnesota’s Paid Leave Law (PLL) that goes into effect in January 2026, employers must provide covered employees up to 20 weeks of leave to care for themselves and their family members with paid leave benefits available…more

Data Privacy, Employee Contributions, Executive Compensation, Governor Walz, New Legislation

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Carla Josephine Stenzel

CBP Proposes Changes to Arrival and Departure Record, ESTA Systems

Since 2004, U.S. Customs and Border Protection (CBP) has been working on improving the systems used to document the entries and exits of nonimmigrants to and from the United States. There is no comprehensive easy-to-use system…more

Customs and Border Protection, Foreign Nationals, Form I-94, Immigration Procedures, Non-Immigrant Visas

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Meredith Stewart

Bringing Dogs Into the U.S.? New Regulations Effective Aug. 1

Starting on Aug. 1, 2024, Customs and Border Protection (CBP) is simplifying its regulations regarding the entry of dogs into the United States. CBP still wants to be sure that rabies does not “enter” the United States because…more

Animal Health, Centers for Disease Control and Prevention (CDC), Customs and Border Protection, High-Risk Countries, Pets

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Michael Stief

[Event] Remaining Union Free: Preparing Your Team in 2020 - March 25th - 26th, Austin, TX

We continue to see an uptick in union petition filing and the win rate for unions in certification elections continues to be historically high. Is your organization prepared? With the November presidential election months away,…more

Continuing Legal Education, Events, Union Elections, Union Organizers, Union Representatives

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James Stone

Texas Federal Judge Struck Down Labor Board’s New Joint-Employer Rule

A federal judge for the U.S. Eastern District of Texas vacated the National Labor Relations Board’s new joint-employer rule, finding the rule too expansive. U.S. Chamber of Commerce et al. v. NLRB et al., No. 6:23-cv-00553 (Mar…more

Arbitrary and Capricious, Browning-Ferris Industries of California Inc., Chamber of Commerce, Common Law Test, Joint Employers

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Margaret Strange

‘Tester’ Needs Standing to Sue Under ADA, Jackson Lewis Says in Amicus Brief to U.S. Supreme Court

Self-appointed “testers” need to establish their legal right to sue under the Americans With Disabilities Act (ADA) by showing a concrete and particularized injury, Jackson Lewis attorneys wrote in an amicus brief submitted to…more

Accessibility Rules, Americans with Disabilities Act (ADA), Amicus Briefs, Hospitality Industry, Hotels

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Keerthi Sugumaran

Massachusetts Joins Growing List of States Requiring Pay Transparency in Job Postings

Massachusetts Governor Maura Healey has signed into law “An Act Relative to Salary Pay Range Transparency,” requiring employers with at least 25 employees to include pay range information in job postings and advertisements…more

EEO-1, Equal Pay, Hiring & Firing, Job Ads, Job Applicants

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Xinlai Sui

New York City's Final Rules on Safe and Sick Time Become Effective

On September 15, 2023, the New York City Department of Consumer and Worker Protection (“DCWP”) issued a final rule (“Final Rule”) on the City’s Earned Safe and Sick Time Act (“ESSTA”). As summarized below, the Final Rule…more

Coronavirus/COVID-19, Earned Sick Time, New York, Paid Leave, Safe Leave

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Donald Sullivan

Updated Rates for California EDD Benefits and San Francisco Paid Parental Leave Ordinance for 2024

The California Employment Development Department (EDD) has released the 2024 Voluntary Plan Employee Contribution and Benefit Rate. Employers with employees located in California are generally required to withhold and send…more

California, EDD, Employee Benefits, Employee Contributions, Paid Family Leave Law

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Kimberly Sullivan

New Hampshire Prohibits Workplace Discrimination Based on Hairstyles Related to Ethnicity

New Hampshire has become the 26th U.S. state to enact a version of the model CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair.” On July 3, 2024, Governor Chris Sununu signed into law “Creating a…more

Anti-Discrimination Policies, Employment Discrimination, Hairstyle Discrimination, Housing Discrimination, Race Discrimination

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Tonecia Brothers-Sutton

More Changes to Maryland Family and Medical Leave Insurance Program

Maryland Governor Wes Moore has signed a bill that further delays implementation of the Family and Medical Leave Insurance Program (also known as the Time to Care Act). In 2022, the Maryland General Assembly passed the Family…more

Employee Contributions, Employer Contributions, Maryland, Paid Family Leave Law, Paid Time Off (PTO)

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Lisa Barnett Sween

Pre-Employment Drug Testing Not Compensable Under California Law Holds Ninth Circuit

In a recent decision by the Ninth Circuit, the Court of Appeals upheld the district court ruling in favor of grocery chain WinCo Holdings, Inc., holding that plaintiffs who were not yet employees when they took drug tests were…more

Compensation, Conditional Offers, Corporate Counsel, Drug Testing, Employment Policies

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Michael Brian Taylor

Employer Considerations Post-Hurricane

The true impact of Hurricane Francine on Southeast Louisiana may not be known for weeks after it made landfall early in September. Even as the storm passes and normalcy gradually returns, employers must still be mindful of their…more

Absenteeism, Business Interruption, Hurricane Season, Natural Disasters, Non-Exempt Employees

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Laura Terrasi

Massachusetts Enacts CROWN Act, Prohibiting Discrimination Against Protective Hairstyles

Massachusetts Governor Charlie Baker has signed the Creating a Respectful and Open World for Natural Hair Act (CROWN Act) into law, making Massachusetts the 18th state to enact such a law…more

Anti-Discrimination Policies, Dress Codes, Governor Baker, Hairstyle Discrimination, New Legislation

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Vincent Tersigni

Ohio Governor Signs Employment Law Uniformity Act Into Law, Establishing Two-Year Limitations Period

Ohio Governor Mike DeWine has signed the Employment Law Uniformity Act into law. The Act will go into effect April 12, 2021, and applies to all future discrimination claims filed on or after that date. The new Act, which…more

Discrimination, Governor DeWine, New Legislation, Personal Liability, Statute of Limitations

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Alyssa Testo

[Event] 2022 Government Contractor Employment Law Symposium - November 17th, Tysons, VA

Join a multi-disciplinary team of Jackson Lewis attorneys, along with guest speakers from the government contracting firm Smith Pachter, for a full-day of presentations, interactive discussions and practical solutions addressing…more

Americans with Disabilities Act (ADA), Best Practices, Bid Proposals, Biden Administration, Continuing Legal Education

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Justin Theriault

Connecticut Expands Paid Leave Statute to Permit Benefits for Victims of Sexual Assault

On May 9, 2024, Connecticut enacted Public Act 24-5, which expands the circumstances under which employees can receive benefits under Connecticut’s Paid Leave Insurance Program. The Connecticut Paid Leave Insurance Program…more

Compensation & Benefits, Connecticut, Paid Leave, Sexual Assault, State Labor Laws

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James Thomas

New Illinois Law Aims to Curtail Employers’ Mandatory, Captive Audience Meetings

Illinois joined a handful of other states in limiting employers’ ability to conduct “captive audience” meetings when Governor J.B. Pritzker signed into law SB3649, commonly known as the Worker Freedom of Speech Act. The Act is…more

Department of Labor (DOL), General Meetings, Illinois, Mandatory Requirements, New Legislation

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Kellie Thomas

Health Plan Hygiene Part 2: ERISA Fiduciaries – That May Mean You!

The Employee Retirement Income Security Act of 1974 (ERISA) regulates most private employee benefit retirement and welfare plans. This statute’s purview is vast; it governs employer-sponsored defined benefit and defined…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Health and Welfare Plans, Retirement Plan

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Michael Thomas

What U.S. Supreme Court Decision on Standing Tells Us About Challenges to Corporate DEI Initiatives

The U.S. Supreme Court held that a group of doctors, nurses, and medical associations did not have the right under the U.S. Constitution, a doctrine known as “standing,” to challenge Food and Drug Administration (FDA)…more

Abortion, Alliance for Hippocratic Medicine v Food and Drug Administration, Article III, Causation, Discrimination

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Phillip Thompson

California District Court Dismisses Conclusory ERISA “Fee” Complaint Unsupported by Facts

A California federal court recently granted an employer win in an ERISA excessive fee case when it dismissed a proposed class action brought by an ex-employee of Schenker, Inc., a transportation logistics company. Partida v…more

401k, Class Action, Defined Contribution Plans, Employee Retirement Income Security Act (ERISA), Excessive Fees

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René Thorne

Second Circuit Weighs in Against ERISA Arbitration

Recently, the Second Circuit became the latest circuit refusing to enforce individual arbitration of an ERISA class action, joining the Third, Seventh, and Tenth Circuits. The Ninth Circuit, by contrast, has held that class…more

Arbitration, Class Action, Corporate Counsel, Employee Retirement Income Security Act (ERISA), ESOP

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Daniel Thornton

Pennsylvania Bans Most Non-Compete Agreements for Healthcare Practitioners

Pennsylvania Governor Josh Shapiro has signed the “Fair Contracting for Health Care Practitioners Act” (House Bill 1633), which restricts the ability of employers and healthcare practitioners to enter into non-compete…more

Health Care Providers, Healthcare Workers, Non-Compete Agreements, Nurse Practitioners, Pennsylvania

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Gary Tocci

Infrastructure Investment and Jobs Act: Motor Carrier Safety Provisions’ Impact on Employers

The Motor Carrier Safety provisions in the $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) will impose new obligations on employers and require new studies that, in turn, could lead to additional legislation..…more

Apprenticeships, Commercial Truck Drivers, DMV, Employer Liability Issues, Infrastructure Investment and Jobs Act (IIJA)

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Joseph Toris

Resolving Circuit Split, U.S. Supreme Court Says Courts ‘Shall’ Stay Cases Sent to Arbitration

“Shall” means “shall” in the Federal Arbitration Act (FAA), a unanimous U.S. Supreme Court held in Smith v. Spizzirri, No. 22–1218 (May 16, 2024). The Court explained the language in the FAA providing a court “shall on…more

Arbitration, Arbitration Agreements, Certiorari, Dismissals, Federal Arbitration Act

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Corey Donovan Tracey

California’s Law Barring Mandatory Arbitration Agreements Permanently Enjoined

A federal district court has entered a permanent injunction barring the State of California from enforcing Assembly Bill (AB) 51, California’s law that purports to preclude employers from requiring arbitration agreements as a…more

Arbitration, Arbitration Agreements, California, Corporate Counsel, Federal Arbitration Act

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Ronald Tran

Local Ordinances California Hospitality Employers Need to Know

The hospitality industry is important to California’s economy and provides significant employment across the state. Due to the large workforce within the hospitality sector, many cities across the state have implemented…more

California, Hospitality Industry, Minimum Wage, Safety Devices, State Labor Laws

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John Tratnyek

Predispute Employment Arbitration Agreements in Real Estate Industry After Enactment of New Limits

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 will have far-reaching implications for real estate employers that, like in many other industries, have relied on mandatory predispute arbitration…more

Arbitration Agreements, Class Action Arbitration Waivers, Joe Biden, Pre-Dispute Arbitration, Real Estate Companies

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Christine Traversi

Navigating Changes to a Job Post-PERM Certification Part 2

This is the second of the two-part series Navigating Changes to a Job Post-PERM Certification, which evaluates the impact a job change may have on an approved, certified PERM and during a foreign national’s green card process…more

Change of Ownership, Coronavirus/COVID-19, Department of Labor (DOL), FEIN, Foreign Workers

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Paul Trimmer

Nevada Confirms Its Restrictive Covenant Law, But Rejects Blue Penciling

In the first decision to reach the Nevada Supreme Court on whether state district courts may modify or “blue pencil” non-competition agreements, the high court has concluded that doing so would violate Nevada law. Golden Road…more

Blue Pencil Contract Modification, Casinos, Corporate Counsel, Former Employee, Non-Compete Agreements

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Nadine Trinh

Implications of Priority Date Retrogression for R-1 Religious Worker Visas

A change in calculating the availability of immigrant numbers means some foreign national ministers who are in the United States on temporary R-1 religious worker visas and waiting in lines for green cards will have to wait even…more

Department of Homeland Security (DHS), Foreign Nationals, Green Cards, Immigration Procedures, Nonprofits

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Noel Tripp

New York Department of Labor Approves Proposed Modified Wage Orders

The New York State Department of Labor has approved and made final its proposed regulations to align the state’s industry-specific regulatory wage requirements with the upcoming legislatively approved increases in the state…more

Minimum Wage, New York, NYDOL, Proposed Regulation, State Labor Laws

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Ryan Tucker

What Manufacturers Sponsoring Pension Plans Should Know About Class Actions Challenging Plan Assumptions

An enduring wave of novel class actions challenging the actuarial assumptions used to calculate certain pension benefits has prompted many sponsors of defined benefit pension plans to evaluate their plan’s terms for calculation…more

Class Action, Employee Benefits, Employee Retirement Income Security Act (ERISA), Manufacturers, Pensions

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Benjamin Tulis

Labor Commissioner’s FAQ on Fast Food Minimum Wage

On April 1, 2024, the new fast-food minimum wage took effect. At the end of March, California’s Labor Commissioner issued an FAQ regarding the new minimum wage. It includes the following sections: •Overview of the Minimum Wage…more

California, Fast-Food Industry, Food Service Workers, Labor Commissioners, Minimum Wage

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Raymond Turner

New York Expands Rationale For State Income Tax “Convenience Rule”

The November 30, 2023, opinion of a New York administrative law judge in In the Matter of the Petition of Edward A. and Doris Zelinsky upholds the state’s so-called income tax “convenience rule” with an expanded legal rationale…more

Administrative Law Judge (ALJ), New York, Out-of-State Employees, South Dakota v. Wayfair, State of Residency

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Adam Turton

Updates to Required California Pamphlets for New Hires

The State of California recently updated two pamphlets that must be provided to new hires. The California Department of Industrial Relations Division of Workers Compensation updated its “Time of Hire” Pamphlet. Employers must…more

California, EDD, Hiring & Firing, Notification Requirements, State Labor Laws

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Christopher Valentino

New York Legislative Update: Freelancer Protections, Discrimination Claims, Settlement Agreements

New York Governor Kathy Hochul has signed bills enacting the Freelance Isn’t Free Act, extending the statute of limitations to file a lawsuit alleging unlawful discriminatory practices, and barring the inclusion of liquidated…more

CPLR, Discrimination, Freelance Workers, Harassment, Human Rights

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Melina Valladares

Sick Leave for All New Mexico Employees Begins July 1: What Employers Should Know

The New Mexico Healthy Workplaces Act (“NMHWA”) requires all private employers in New Mexico to provide all employees one hour of paid sick leave for every 30 hours worked. Employees may use up to 64 hours of earned sick leave…more

Healthy Workplace Act, Paid Leave, Sick Leave, Wage and Hour, Written Notice

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Kristina Vaquera

How Construction Employers Can Avoid Common Wage & Hour Claims

Employer wage and hour violations of the Fair Labor Standards Act (FLSA) and other applicable state laws are some of the most frequent in the construction industry. They are often the costliest an employer can make. However,…more

Construction Industry, Davis-Bacon Act, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA)

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James Verdi

Texas Federal Judge Struck Down Labor Board’s New Joint-Employer Rule

A federal judge for the U.S. Eastern District of Texas vacated the National Labor Relations Board’s new joint-employer rule, finding the rule too expansive. U.S. Chamber of Commerce et al. v. NLRB et al., No. 6:23-cv-00553 (Mar…more

Arbitrary and Capricious, Browning-Ferris Industries of California Inc., Chamber of Commerce, Common Law Test, Joint Employers

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Laura Victorelli

Anti-Affirmative Action Organization Challenges Race Considerations in Military Academy Admissions

Continuing its efforts questioning the constitutionality of the use of race in higher education admissions, Students for Fair Admissions (SFFA) has filed a lawsuit in the District of Maryland against the U.S. Naval Academy on…more

Affirmative Action, Equal Protection, Fifth Amendment, Fourteenth Amendment, SCOTUS

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Sierra Vierra

OSHA’s Walkaround Rule Showdown in Court: Will the Agency Be Allowed to Tread on Employers’ Rights?

The Occupational Safety and Health Administration’s (OSHA’s) Walkaround Rule has sparked a legal showdown between business associations and OSHA in a U.S. District Court in Texas. The agency’s rulemaking powers and businesses’…more

Arbitrary and Capricious, Employee Representatives, Employer Liability Issues, Loper Bright Enterprises v Raimondo, OSHA

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Alessandro Villanella

New York State Broadens Its Pay Equity Law

On July 10, 2019, the Governor of New York State signed into law a bill extending New York’s pay equity protections to pay differentials based not only on gender, but also those caused by discrimination on the basis of age,…more

Equal Pay, Pay Equity Laws, State Labor Laws, Wage and Hour

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Richard Vitarelli

Labor Board Returns to Pre-Trump Board Union Election Procedures

The National Labor Relations Board (NLRB) has issued its “Fair Choice-Employee Voice” Final Rule, rescinding portions of its April 2020 union representation procedures on blocking charges, the voluntary recognition bar, and…more

Chevron Deference, Labor Relations, NLRA, NLRB, Trump Administration

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Robert Vogel

Class Action Trends Report Fall 2018

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: - Are you my employer? A…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Class Certification

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Lin Wagner

The Aging Construction Industry: Keeping Skilled Employees Longer

Workers in the construction industry tend to be older than those in other industries, according to the National Association of Home Builders. The median age of construction workers is 42 years old, a year older than the median…more

Bureau of Labor Statistics, Construction Industry, Construction Workers

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Kelly Walker

North Carolina Adds Protection Against Discrimination and Retaliation for Employment Absences for Members of the Civil Air Patrol

The North Carolina legislature added nondiscrimination and nonretaliation protections for employees who serve in the North Carolina Wing – Civil Air Patrol. Effective December 1, 2023, it is unlawful for any employer to…more

Anti-Retaliation Provisions, Duties, Employment Discrimination, North Carolina, Wage and Hour

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David Walsh

New Jersey General Assembly To Vote On Renewed Bill Seeking To Curb Restrictive Covenants

New Jersey may be next up to join the growing number of states that significantly restrict the use of non-competition agreements in employment. As we discussed back in December 2017, a bill proposed in New Jersey at the time,…more

Apprenticeships, Employee Misconduct, Fair Labor Standards Act (FLSA), General Assembly, Good Cause

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Peter Waneis

The State Of California And Many California Localities Are Set To Increase The Minimum Wage On January 1, 2021 – Make Sure You Are Ready

California’s stair-step climb to a $15-dollar minimum wage continues. Effective January 1, 2021, the minimum wage for employers with 25 employees or less will increase to $13.00 per hour, and for employers with 26 or more…more

California, Employer Liability Issues, Minimum Wage, Posting Requirements, State and Local Government

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Monique Warren

A Current Roadmap for Complying with Mental Health Parity Requirement

Most employers know that if a group health plan provides mental health or substance use disorder (MH/SUD) benefits in any of six specified classifications, the plan must provide MH/SUD benefits in all specified classifications…more

Compliance, Documentation, EBSA, Employee Benefits, Employer Group Health Plans

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Katharine Weber

Scope of Accommodations Required Under PWFA Narrowed in Louisiana and Mississippi

On the eve of the effective date of the Equal Employment Opportunity Commission’s (EEOC’s) final Pregnant Workers Fairness Act (PWFA) regulations (Final Rule), a federal court in Louisiana postponed the effective date of what…more

Abortion, Consolidated Appropriations Act (CAA), Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnant Workers Fairness Act

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Hobart Webster

Department Of Education Unveils Proposed Title IX Regulations

On Friday, November 16, 2018, the Department of Education (DOE) released proposed Title IX regulations dictating the process by which colleges and universities must handle allegations of sexual misconduct. Institutions of…more

Colleges, Department of Education, Educational Institutions, Sexual Assault, Sexual Harassment

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Dana Weisbrod

Common Mistakes Companies Make With Gig Economy Workers

It is no secret that traditional employers often benefit from non-traditional workplace arrangements available in the gig economy, such as relief from paying unemployment insurance and worker’s compensation plans or being exempt…more

Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Fair Labor Standards Act (FLSA), Gig Economy, Independent Contractors

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Marc Wenger

A Protocol On Life Support – Financial Industry Assesses The Aftermath Of Major Defections From Broker Recruitment Pact

In the fourth quarter of 2017, two major financial firms dropped out of an industry-wide Protocol for Broker Recruiting (the “Protocol”), an agreement designed to reduce litigation surrounding the movement of stockbrokers…more

Brokers, Non-Disclosure Agreement, Non-Solicitation Agreements, Restrictive Covenants

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Kenneth Wentz

List of States Limiting Employer COVID-19 Vaccine Mandates Continues to Expand

In a clear response to the recent Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) issued by the Biden Administration, Iowa, Tennessee, Utah, and Florida recently have joined the expanding…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Corporate Counsel, OSHA, Religious Exemption

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C. John Wentzell Jr.

The IRS Reopens The Determination Letter Program For Merged Plans And Cash Balance Plans

On May 1, 2019, the IRS issued Revenue Procedure 2019-20, which reopens the determination letter program in a limited manner for individually designed plans that are merged plans or statutory hybrid plans, such as cash balance…more

Determination Letter, Employee Benefits, IRS, Retirement Plan

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Kathryn Wheeler, CEBS

It’s Almost the End of 2021. Do You Know Where Your Healthcare Dollars Go?

The CAA Transparency Rules Will Let Plans and Participants Know. The Department of Labor, Health and Human Services, and the IRS (collectively the Departments) recently released the Interim Final Rules with a request for…more

Affordable Care Act, Comment Period, Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Department of Labor (DOL)

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Lindsey White

Understanding Maryland’s New Wage Posting Law: A Guide for Employers

Effective October 1, 2024, Maryland will join a growing list of states in promoting wage transparency in the workplace. The Maryland Wage Transparency Law (SB 525/HB 649) requires employers, both public and private, to publish…more

Job Ads, Job Applicants, Maryland, New Regulations, Pay Transparency

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Alison Jacobs Wice

Is Your Board Cyber-Ready? Leadership Steps to Support Corporate Cybersecurity

The growing concern around cyberthreats for companies across the nation is reflected in the increasingly crowded legislative landscape that provides guidance to organizations, employers, employees, consumers, and investors. As…more

Cyber Attacks, Cyber Incident Reporting, Cyber Threats, Cybersecurity, Disclosure Requirements

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Jacqueline Wild

Tenth Circuit: No Adverse Action Necessary To Prove A Violation Of The ADA’s Accommodation Requirements

The Tenth Circuit recently held that a disabled employee was not required to show that she suffered a separate adverse employment action to establish a failure to accommodate claim under the American’s with Disabilities Act…more

Adverse Action, Americans with Disabilities Act (ADA), Disability Discrimination, Employer Liability Issues, Failure to Accommodate

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Craig Wiley

Indiana Joins States Prohibiting Employers From Mandating Device Implantation In Employees

Indiana has joined the growing list of states taking legislative action to proactively curtail the risk of employer-driven devices, radio frequency identification devices (RFIDs), and microchip implantation, which some perceive…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, Data Collection, Employee Microchipping, Employee Rights

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Chai Williams

Out of Sync: Mitigating Data Privacy and Security Risks Stemming From Data Syncing Across Devices

With organizations holding more and more data digitally, there is an increased need to ensure data remains accessible across the organization at any given time. To that end, many organizations use tools that synchronize the…more

Cloud Storage, Data Collection, Data Protection, Data Security, Former Employee

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Hilary Williams

Nevada: New Laws Imposing New Requirements On Employers

At the conclusion of the Nevada Legislature’s 81st Session, Nevada Governor Steve Sisolak signed several bills into law affecting every point of the employer-employee relationship, from application to termination. Changes…more

Employer Liability Issues, Governor Sisolak, Hiring & Firing, Private Right of Action, Race Discrimination

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Brittney Willis

Los Angeles County Passes Retail Fair Workweek Ordinance for Unincorporated Areas

Recently, the Los Angeles County Board of Supervisors passed the Fair Workweek Ordinance, similar to the ordinance passed by the City of Los Angeles last year. The ordinance takes effect July 1, 2025. Covered Employers The…more

Board of Supervisors, City of Los Angeles, Covered Employees, Fair Workweek, Local Ordinance

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Charles Wilson

Fifth Circuit Holds DOL Can Set Salary Floor for White-Collar Exemptions

The U.S. Department of Labor (DOL) has statutory authority to impose a salary level requirement to qualify for the executive, administrative, and professional (EAP) exemptions under the Fair Labor Standards Act (FLSA), the U.S…more

Constitutional Challenges, Department of Labor (DOL), EAP, Exempt-Employees, Fair Labor Standards Act (FLSA)

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Erik Winton

Battle Over/War Isn’t: Employer Considerations Now That FTC Non-Compete Ban Is Set Aside

A Texas court has set aside the Federal Trade Commission’s (FTC’s) Final Rule banning almost all non-compete clauses days before it was set to take effect on Sept. 4. Ryan LLC v. FTC, No. 3:24-CV-00986-E, 2024 U.S. Dist. LEXIS…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, Florida, FTC Act

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Julia Wolf

Illinois Equal Pay Act Mandates To Take Effect September 29

Amendments to Illinois’ Equal Pay Act (EPA) go into effect on September 29, 2019, leaving employers little time to adjust their hiring practices. No Inquiries into Salary History. Under the amended EPA, employers and…more

Employer Liability Issues, Equal Pay, Equal Pay Act, Hiring & Firing, Job Applicants

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Sydney Wong

U.S. Embassy in Havana Restores Visa Services for 7 Work, Exchange Visas

The U.S. Embassy in Havana has expanded visa services to include some temporary non-immigrant visas. Cuban nationals with the following approved petitions will be able to schedule visa interviews at the Embassy:..…more

Cuba, Foreign Nationals, Immigration Procedures, J-1 Visas, Non-Immigrant Visas

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Adrienne Wood

OSHA Pushes Outdoor and Indoor Heat Rule

The Occupational Safety and Health Administration (OSHA) has moved a step closer to a final rule for “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” OSHA sent the yet-to-be-unveiled rule to the Office…more

Emergency Response, Heat Exposure, OMB, OSHA, Training

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Teri Wilford Wood

EU Artificial Intelligence Act Passes in European Parliament

On Wednesday, March 13, 2024, Members of European Parliament endorsed the Artificial Intelligence Act (“AI Act”), with 523 votes in favor, 46 against, and 49 abstentions. This is the world’s first comprehensive AI law and likely…more

Algorithms, Artificial Intelligence, EU, European Commission, European Parliament

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John Woodson

Municipal Violation Is Not ‘Arrest Record’ Covered by Wisconsin Fair Employment Act, Court Holds

The Wisconsin Fair Employment Act’s (WFEA’s) prohibition against discrimination based on employees’ arrest and conviction record has always been considered broad, and its standard of allowing employers to make employment…more

Appellate Courts, Criminal Convictions, Employment Discrimination, Fair Employment Practices Act, Termination

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Benjamin Wu

Discrimination Based on Sexual Orientation Unlawful, Michigan High Court Holds, Overruling Precedent

Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), MCL 37.2101 et seq., prohibition of sex-based discrimination also prohibits discrimination based on sexual orientation, the Michigan Supreme Court has held…more

Discrimination, Employer Liability Issues, Employment Discrimination, Gender Identity, Hiring & Firing

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Robert Yang

A Wave of Lawsuits Under Daniel’s Law

In 2020, Daniel Anderl, the son of Federal Judge Esther Salas, was shot and killed by a man targeting the judge. It is believed the man found the judge’s home address online. In reaction to the murder, New Jersey enacted…more

Consumer Privacy Rights, Consumer Protection Laws, Personal Information, Personally Identifiable Information, Sensitive Personal Information

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Porter Young

USCIS Updates Form N-400 Application for Naturalization

USCIS has released the new Form N-400, Application for Naturalization. The new form must be used to file starting June 3, 2024. Among the form’s various changes, two are particularly notable: 1. Social Security Update:…more

Gender Identity, Naturalization, Social Security Administration (SSA), Updated Forms, USCIS

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Jeanette Youngblood

Pending California Bill Proposes Changes to Employee Hiring Requirements When a Grocery Store Establishment Experiences a Change in Control

California has had a handful of bills in recent years that discuss the process for hiring employees when there is a change in ownership or control. There is another bill pending pertaining specifically to grocery stores that…more

California, Change of Control, Grocery Stores, Hiring & Firing, Layoffs

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Monika Zarski

Education Department Seeks Input to Strengthen Section 504 Protections for Students With Disabilities

To start the process of updating the regulations implementing Section 504 of the Rehabilitation Act of 1973, a seminal disability civil rights law that provides protections to elementary, secondary, and postsecondary students,…more

Department of Education, Disabilities, Disability Discrimination, Educational Institutions, Mental Health

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Stephanie Zorn

New Guidance: Emergency Personal Expense And Domestic Abuse Victim Distributions

Of interest to 401(k) plan sponsors and administrators, the IRS recently issued Notice 2024-55, providing guidance on SECURE 2.0’s new exceptions—effective January 1, 2024—to the additional 10% tax on early qualified retirement…more

401k, Benefit Plan Sponsors, Distribution Rules, Domestic Violence, Employee Benefits

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Jennifer Zwilling

Minnesota’s Latest Legislative Session Update

Minnesota’s legislature was busy providing new rules and obligations for employers. In addition to the changes in the Minnesota Human Rights Act (MHRA), Earned Sick and Safe Time (ESST), Paid Family and Medical Leave, and pay…more

Compensation & Benefits, Drug Testing, Governor Walz, Independent Contractors, Misclassification

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