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US State Law Roundup – 2024 Mid-year Update

State and local legislatures have been active throughout the first half of 2024 passing laws and ordinances that will impact employers of all sizes and all industries. Click HERE for our summary of these laws and related developments in Illinois, Maryland, Minnesota, New York, Washington and elsewhere! As always, our team will continue to monitor these and … Continue Reading

Could Artificial Intelligence Create Real Liability for Employers? Colorado Just Passed the First U.S. Law Addressing Algorithmic Discrimination in Private Sector Use of AI Systems (US)

On May 17, 2024, Colorado became the first U.S. state to pass a law aimed at protecting consumers from harm arising out of the use of artificial intelligence (“AI”) systems. Senate Bill 24-205, or the “CAIA,” is designed to regulate the private-sector use of AI systems and will impose obligations on Colorado employers, including affirmative … Continue Reading

New York Requires Paid Lactation Breaks and Prenatal Leave (US)

New York’s recently approved 2024 – 2025 budget brings two major changes to the landscape of leave and accommodation laws that New York employers need to know about. Paid Lactation Breaks Effective June 19, 2024, all private sector employers (regardless of size) will be required to provide 30 minutes of paid break time to employees … Continue Reading

Labour and Employment Technology Week: Spotlight on Global Edge – Helping Businesses Save Time and Reduce Costs

Global Edge, our award-winning product developed exclusively by our global network of leading employment lawyers, gives instant access to the latest employment law developments. The tool provides clear, reliable, up-to-date answers on key employment law topics around the world, and maps out future legislative change. It is one of a suite of products and services … Continue Reading

Fourth Circuit Holds Firm Against Expansion of Religion-Based Defenses to Discrimination (US)

Lonnie Billard was a well-loved and decorated drama and English teacher at Charlotte Catholic High School (CCHS) in Mecklenburg County, North Carolina. He was named Teacher of the Year in 2012 after serving the Catholic high school’s students for eleven years. Two years later, CCHS told Mr. Billard he was not welcome back as a … Continue Reading

In a Rare Win for California Employers, Good Faith is Good Enough to Avoid Wage Statement Penalties (US)

As California employers know all too well, the state is notorious for its employee-friendly laws that can be difficult to navigate and create administrative and compliance headaches. Even the most diligent employers can find themselves on the wrong end of the law for minor, inadvertent errors, subjecting them to harsh and expensive penalties. For example, … Continue Reading

New DOL Rule Makes More Employees Eligible for Overtime Pay (US)

Last year, we alerted you to a rule proposed by the U.S. Department of Labor (DOL) that would raise the weekly salary amounts necessary to qualify for certain exemptions to the requirement under the federal Fair Labor Standards Act (FLSA) that employers pay employees time-and-a-half for hours worked in excess of 40 hours in a … Continue Reading

FTC Bans Non-Competes Throughout the United States – Legal Challenges Already Filed (US)

In a long-anticipated move that dramatically alters the employment landscape, the Federal Trade Commission (“FTC”) issued its final Non-Compete Clause Rule (“final rule”) effectively banning employee non-compete agreements throughout the United States. After receiving over 26,000 public comments, the FTC determined that the use of non-compete agreements with workers constitutes an “unfair method of competition” … Continue Reading

EEOC Releases Final Rule Implementing Pregnant Workers Fairness Act (US)

Congress passed the Pregnant Workers Fairness Act (PWFA) on June 27, 2023. The law requires covered employers—which, in the private sector, includes those with 15 or more employees—to provide a reasonable accommodation to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth or related medical conditions, unless … Continue Reading

OSHA Final Rule Clarifies Employees’ Walkaround Representative; Opens Non-Union Workplaces to Union Representatives (US)

The U.S. Department of Labor’s Occupational Safety & Health Administration (OSHA) published its controversial final “walkaround” rule on April 1, 2024 (available here). The final rule clarifies the rights of employees to authorize a representative – employee or non-employee – to accompany an OSHA compliance officer (CSHO) during an inspection of their workplace. This can … Continue Reading

Texas Tells Employers No COVID-19 Vaccine Mandates Permitted (US)

Squire Patton Boggs’ Legal Intern Amber Bouie addresses new legislation impacting Texas employers. COVID-19 vaccinations have been the subject of workplace chatter since the vaccines became widely available in late 2020. At first, some states barred government employers from requiring employees receive vaccinations as a condition of continued employment, leaving private sector policies up to … Continue Reading

U.S. Supreme Court Holds SOX Whistleblowers Not Required to Show Retaliatory Intent (US)

On February 8, 2024, the U.S. Supreme Court unanimously decided in Murray v. UBS Securities, LLC, et al. that employees bringing whistleblower claims against their employer under the Sarbanes-Oxley Act (SOX) need not prove that, in taking adverse action against them, their employer intended to retaliate against them due to their protected whistleblowing activity. The … Continue Reading

Why You May Have to Comply with California’s New Noncompete – With a February 14 Deadline

Not surprisingly, California is once again passing employment laws that impact companies beyond the state. Specifically, the Golden State is continuing its war against noncompete clauses to conform to case law stating that such clauses are void for any employee working in California — even if the employment contract containing the noncompete was signed in … Continue Reading

Employers Take Note: Big Changes Ahead for the H-1B Lottery, H-1B Filing Process, and USCIS Fees

The Department of Homeland Security (DHS) recently announced updates to the H-1B visa lottery process, availability of online H-1B filings, and increases to most U.S. Citizenship and Immigration Services (USCIS) petition filing fees. The H-1B visa lottery and online filing changes will go into effect before the next lottery opens on March 6, 2024, and … Continue Reading

D.C. Employers Need to Prepare for More Than Humidity This Summer: New Wage Transparency Law Effective in June (US)

On January 12, 2024, the District of Columbia joined a growing list of jurisdictions with wage transparency laws after Mayor Muriel Bowser signed into law the Wage Transparency Omnibus Amendment Act of 2023 (the “Act”). The Act amends parts of the Wage Transparency Act of 2014, as well as introduces several new employee-friendly requirements that … Continue Reading

US State Law Roundup – 2023 Year-end Update

State and local legislatures were active throughout 2023 in passing laws and ordinances that will impact employers of all sizes and all industries in 2024. Click HERE for our summary of these laws and related developments, including important developments in California, Colorado, Illinois, Minnesota, New York and elsewhere! If you haven’t already, you might also want … Continue Reading

Accommodating Disabilities Under the ADA: Just Because You Can Doesn’t Mean You Must (US)

Court explains that “feasible” isn’t always “reasonable.” It’s widely understood that the Americans with Disabilities Act (ADA) generally requires employers to provide reasonable accommodations to individuals with disabilities to enable them to perform their essential job functions. What’s not so well understood is what exactly is a “reasonable accommodation,” and when and what job functions … Continue Reading

Ohio Legalizes Recreational Marijuana, But Employers’ Ability to Enforce Workplace Drug Policies Remains Intact (US)

As of November 7, 2023, Ohio became the 24th state to legalize adult recreational use of marijuana. Ohio voters passed Issue 2, also known as An Act to Control and Regulate Adult Use of Cannabis (the “Act”), by a 57% to 43% margin, and the Act is set to take effect on December 7, 2023. … Continue Reading

AI In the Workplace: Navigating a New Technological Frontier (US)

Since the launch of ChatGPT in November 2022, Generative Artificial Intelligence (“AI”) has taken the world by storm, attracting over 100 million users for both personal and professional use in less than one year. Given the growing popularity of ChatGPT and similar AI tools, it is likely that they will soon infiltrate your workplaces, if … Continue Reading

Completing I-9s in a Post-Pandemic World:  Is There a Cure for the Long-Haul Woes Relating to Remote Hires? 

Employers take note: most of you will need to take significant action to update and/or correct your Form I-9, Employment Eligibility Verification, in the coming weeks due to sunsetting temporary COVID-19 flexibilities relating to physical inspection of employee documents. Failure to take timely action could result in significant monetary and other penalties. The Department of … Continue Reading

Summer State/Local Law Round-Up, Part 2 of 2 (US)

In our post earlier this week, we covered recent developments in state and local labor and employment laws in the states at the beginning of the alphabet. We now turn our attention to developments in the remaining states.… Continue Reading

Summer State/Local Law Round-Up, Part 1 of 2 (US)

Now that we’re almost half-way through 2023, it’s time again to review the developments in state and local labor and employment laws. State legislatures and city councils continue to be very busy making new laws and amending existing laws. In fact, due to the large number of updates, we are splitting our post into two parts. … Continue Reading

A Deep-Dive Analysis of Lion Elastomers – the NLRB’s Recent Pronouncement on Offensive Workplace Conduct (US)

Here’s the situation: You own a small business that employs 15 employees. You do your best to provide good pay and benefits, but, like many companies, your business has been adversely impacted by lingering effects of the pandemic and the overall sluggishness of the economy. You call an all-hands meeting and reluctantly inform your employees … Continue Reading
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