News & Analysis as of

Employer Liability Issues

#MeToo Mobilizes State Legislatures, Creates New Training Obligations For Employers

On April 12, 2018, Governor Andrew Cuomo signed the 2019 budget for the State of New York (the “Budget”) which dramatically changed the landscape of obligations which New York employers are to their employees. Beyond...more

The Tip Income Protection Act — Changes to Tip Pooling

by LeClairRyan on

The Tip Income Protection Act of 2018 (“the Act”) was signed into law on March 23, 2018 as part of the omnibus spending bill. The Act, buried in the 2,323 pages of the bill, amends the Fair Labor Standards Act (FLSA) and...more

New Jersey Passes New Law on Pay Equity — and Much More

by Ballard Spahr LLP on

Governor Phil Murphy continues to remake the legal landscape in New Jersey. On April 24, 2018, he signed into law far-reaching pay-equity legislation that will take effect on July 1, 2018....more

New Jersey Passes Historic Equal Pay Act

After years of failed attempts at equal pay legislation, New Jersey has now passed a historic equal pay law. Notably, the Diane B. Allen Equal Pay Act (“Equal Pay Act”) becomes the strongest measure attempting to close the...more

Two States Go Against The Grain By Prohibiting Salary History Bans

by Jackson Lewis P.C. on

By now, employers generally are aware that a growing number of states and municipalities are passing bans prohibiting pre-employment inquiries into an applicant’s salary history. This trend is part of a growing effort in the...more

Iowa Amends Tough Drug Testing Law To Lower Standard For Positive Alcohol Tests

by Jackson Lewis P.C. on

Beginning July 1, 2018, private employers in Iowa may take action based on an employee’s alcohol test result of .02 grams of alcohol per two hundred ten liters of breath. The lower standard was enacted under a 2018 amendment...more

Impending Necessary Ban-the-Box Updates for Criminal Record Inquiries in Massachusetts and San Francisco

by Littler on

In 2010, Massachusetts enacted the Criminal Offender Record Information (CORI) Reform Act, which includes a “ban-the-box” component. Among other things, the law prohibits an employer from requiring an applicant to check a...more

New Jersey Passes Paid Sick Leave Law

by Fox Rothschild LLP on

A paid sick leave statute has been floating around the New Jersey Legislature for several years, but never gained enough traction to become law ... until now. On April 12, the NJ legislature passed a mandatory Paid Sick...more

New Jersey Governor Signs Pay Equity Bill Into Law

by Jackson Lewis P.C. on

New Jersey’s Diane B. Allen Equal Pay Act will take effect on July 1, 2018. The new law contains sweeping changes to the New Jersey Law Against Discrimination (LAD), such as a prohibition against discrimination with respect...more

NJ Passes Equal Pay Act, Dramatically Expanding Liability For Wage Discrimination

by Fox Rothschild LLP on

New Jersey has enacted one of the most aggressive equal pay laws in the nation. The Diane B. Allen Equal Pay Act, signed by Gov. Phil Murphy, will take effective on July 1, 2018, significantly expanding the range of wage...more

Iowa Drug Testing Law Amended; Lawsuits On The Rise

by Jackson Lewis P.C. on

Although Iowa’s drug testing statute was enacted more than 30 years ago, it is still considered one of the most difficult laws in the country for purposes of employer compliance. The 10-page law includes provisions addressing...more

New York State Moves One Step Closer to New Pay Equity Laws

by Fisher Phillips on

On the heels of Governor Andrew Cuomo’s call for New York to take additional steps to close the gender wage gap, the New York State Assembly passed a suite of pay equity legislation that would impact both private and public...more

New York State and City Pass Sweeping Anti-Sexual Harassment Laws Amid #MeToo

by Vedder Price on

Following on the heels of the Time’s Up and #MeToo movements, the New York State Legislature and the New York City Council have passed significant legislation aimed at providing greater protection against workplace sexual...more

Chicago Considering Predictive Scheduling: What Employers Need to Know

Following a growing nationwide trend, the Chicago City Council is considering new legislation that would require employers to pay employees for any scheduling changes made with less than two weeks’ notice. If passed, the...more

Critical Action Steps for Employer Compliance During ICE Raid

by Miles & Stockbridge P.C. on

Miles & Stockbridge lawyer Sufen Zhang covers steps employers can take to prepare for a potential enforcement action by U.S. Immigration and Customs Enforcement. ...more

Eleventh Circuit Highlights Importance of Safety Training in Affirming Willful Violation of OSHA Standard

The Eleventh Circuit Court of Appeals recently had the opportunity to remind employers not to ignore training employees on safety. Martin Mechanical Contractors, Inc. v. Secretary, U.S. Department of Labor, No. 17-12643...more

Unsuccessful Successor: Court Finds Employer May Be Liable In EEOC Lawsuit For Its Predecessor’s Conduct Under Title VII

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A Maryland federal district court recently found that a successor employer could be liable in an EEOC lawsuit for its predecessor’s alleged employment discrimination. ...more

The Past Really Is Dead: Ninth Circuit Shuts Door on Use of Past Salary as “Factor Other Than Sex” Under the Equal Pay Act

In setting a new employee’s pay, what do you consider? Past experience? Check. Education? Check. Salary at the last job? Not so fast. In a recent Ninth Circuit decision, the court framed the question as follows: Can an...more

Recent Decision Re-Enforces The Legal Framework For Sexual Harassment Claims

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In recent months, sexual harassment has seized national headlines and raised significant questions about company policies, procedures, and culture. ...more

OSHA's New Requirements for Workplace Fall Protection

by Pepper Hamilton LLP on

Falls by workers, whether from elevated heights or from the same level, are among the leading causes of work-related injuries and deaths in U.S. workplaces. Originally published in MiMfg Magazine, the membership magazine...more

Dear Littler: How Should We Approach an Employee Showing Signs of Cognitive Decline?

by Littler on

Dear Littler: We have an employee who is exhibiting signs of dementia or some other sort of cognitive impairment. He has fallen asleep at work a few times recently and seems confused by tasks that did not pose any problem for...more

Trump’s DOL Issues First Opinion Letters

by Foley & Lardner LLP on

Back in January, we reported that the Department of Labor’s Wage and Hour Division (WHD) was reviving the agency’s practice of issuing opinion letters at the request of employers. The WHD stopped the practice of issuing...more

Mind The Gap? What Do The UK Pay Disclosures Really Tell Us?

1. Mandatory reporting under the methodology required by the government indicates some large pay gaps. What does that mean? As of 17 April 2018, 10,364 employers had published their gender pay gap figures. What have we...more

New York City Mandates Cooperative Dialogue for Accommodation Requests

by Foley & Lardner LLP on

New York City maintains some of the most expansive and comprehensive human rights laws in the nation. Two new amendments to the city’s laws, which address the process that employers (and other covered entities, such as public...more

“Back of House” Tip Pooling Could Land California Employers in Hot Water

by Hirschfeld Kraemer LLP on

As mentioned in our blog post on the Department of Labor’s (“Department”) new opinion letters clarifying aspects of the Fair Labor Standards Act (“FLSA”), April has seen a lot of changes and clarifications to the FLSA. One...more

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