Archives: Employment Policies

Subscribe to Employment Policies RSS Feed

NLRB Issues First Decision Addressing Mandatory Arbitration Agreements Since Epic Systems (US)

If you’ve been following our blog, you already know that the topic of employer-mandated arbitration agreements has been a hot issue in recent years for government agencies and in the state and federal courts.  Most notably, in May of last year, the United States Supreme Court issued its highly-anticipated decision in Epic Systems v. Lewis, … Continue Reading

New Jersey Expands Medical Marijuana Protections: Employees Hit Big (US)

New Jersey joins the growing list of states to offer employment protections for authorized users of medical marijuana. On July 2, 2019, New Jersey’s governor signed into law the Jake Honig Compassionate Use Medical Cannabis Act (“CUMCA”), providing job protections to medical marijuana users and creating new drug testing procedures for marijuana. The new law … Continue Reading

Obesity Continues to Divide Courts: Washington’s High Court Says Obesity Qualifies as an Impairment (US)

As we previously discussed here and here, courts are split regarding the extent to which obesity qualifies as a disability under the Americans with Disabilities Act (“ADA”). The Second, Sixth, Seventh and Eighth Circuit Courts of Appeal have held that obesity must be accompanied by an underlying physiological disorder for it to constitute a disability, … Continue Reading

California Passes CROWN Act, Becomes First State to Ban Natural Hairstyle Discrimination (US)

On April 30, 2019, we reported that the California State Senate had taken steps toward enacting the CROWN Act (Creating a Respectful and Open Workplace for Natural Hair) to prohibit discrimination on the basis of “traits historically associated with one’s race, such as hair texture and protective hairstyles.” The bill passed the Assembly on June … Continue Reading

Illinois Legalizes Recreational Marijuana – Cutting Through The Haze To Understand The Workplace Implications (US)

On June 25, 2019, Illinois governor J.B. Pritzker signed HB 1438, the Illinois Cannabis Regulation and Taxation Act (“CRTA”), which, as of January 1, 2020, legalizes recreational use and possession of marijuana by adults aged 21 or older.  Illinois is now the eleventh US state to adopt a general law authorizing adult recreational use of … Continue Reading

National Labor Relations Board Limits Another Union Tactic (US)

On June 14, 2019, the National Labor Relations Board (“NLRB”) issued another favorable decision for employers who might find themselves facing union organizing activities or other types of union solicitation.  This latest decision will make it significantly more difficult for unions to solicit employees, strategize with supporters, or engage in similar activities on an employer’s … Continue Reading

Growing Trend Towards Unlimited Paid Time Off: Best Practices (US)

Unlimited paid time off (“PTO”) is one of the new “it” workplace policies.  Adopted as both a means to attract and retain employees as well as to avoid having to coordinating and track specific grants of paid PTO or vacation– a task which can be arduous, particularly for smaller businesses – some employers have done … Continue Reading

State Law Round-Up: Paid Leave Proliferation (CT, ME, MA, NV, DC) and Minimum Wage Update! (US)

July 1 Minimum Wage Increases A number of jurisdictions will see a minimum wage increase effective July 1, 2019; please find our updated minimum wage chart here.  In addition to those listed, Nevada just (on June 12, 2019) passed a law to raise the minimum wage to $12/hour by 2024.… Continue Reading

State Law Round-Up: Developments in Wage and Hour (CO, MA, ME, WA), Non-Compete (WA), Commuter Benefits (NJ), Sexual Harassment (DE), and Sick Leave (Dallas and Minneapolis) Laws. (US)

It’s been an active few weeks since our last State Law Round-Up in mid-April 2019, with a number of bills being signed into new laws and case developments impacting employers in many US states over the past few weeks. Colorado Failure to Pay Wages as Theft Effective January 1, 2020, an employer’s failure to pay … Continue Reading

NLRB General Counsel Advice Memorandum Is “Uber” Favorable For Gig Economy Companies Utilizing Independent Contractors (US)

In a recently-released Advice Memorandum dated April 16, 2019, the National Labor Relations Board’s (“NLRB”) Office of the General Counsel (“GC”) determined that drivers utilizing Uber Technologies’ smartphone application-based rideshare platform are independent contractors, not employees, under the National Labor Relations Act (“NLRA”).  In arriving at this conclusion, the GC utilized the independent contractor test … Continue Reading

New York City and New Mexico Protect Employees Who Are Medical Marijuana Users (US)

New York City New York City has enacted a first-of-its kind law (Intro. No. 1445-A) prohibiting pre-employment drug testing for the presence of marijuana or tetrahydrocannabinols. The law makes it an unlawful discriminatory practice for an employer, labor organization, employment agency, or agent thereof to require a prospective employee “to submit to testing for the … Continue Reading

Title VII And LGBT Discrimination: The Path To The High Court (US)

Expanding on her previous post on the subject, on May 1, 2019, Law360 published the following expert analysis authored by Squire Patton Boggs labor and employment attorney Melissa Legault. After 11 private conferences during which the U.S. Supreme Court justices debated whether to hear the cases, the Supreme Court granted certiorari[1] in three cases involving the extent of protection — if … Continue Reading

State Law Round-Up: Minimum Wage Hikes (MD, NM, CA); Kentucky Pregnant Workers Act; New Jersey Employee Rights; New York Voting Leave; Salary History Bans (OH, NM) (US)

Minimum Wage Updates On March 28, 2019, Maryland’s legislators voted to raise the state’s minimum wage to $15.00 per hour by January 1, 2025 for employers with 15 or more employees and July 1, 2026 for employers with 14 or fewer employees.… Continue Reading

More DOL Letters Needed For Clarity On Enforcement Strategy (US)

Expanding on their previous post on the subject, on April 3, 2019, Law360 published the following article authored by Squire Patton Boggs labor and employment attorneys Laura Lawless Robertson and Melissa Legault. The U.S. Department of Labor recently issued a trio of opinion letters offering employers guidance in implementing the Family and Medical Leave Act and the Fair Labor … Continue Reading

New Handbook Guidance Shows How the NLRB Views Common Employment Policies for Union and Non-Union Employers (US)

The National Labor Relations Board has once again clarified whether certain types of employee handbook policies will violate federal labor law. Employers should take note of these two new guidance memoranda, as they can help employers maximize the protection they afford to their confidential information, brands, equipment, and other important matters.… Continue Reading

State Law Round-Up: Minimum Wage Hikes (IL, NJ, CA, NM); Michigan Paid Sick Leave; New York Employee Rights, New Jersey Leave and Benefits Expansion (US)

Minimum Wage Updates On January 17, 2019, New Jersey’s governor and state legislators agreed to a deal that will raise the state’s minimum wage to $15.00 by 2024. The current minimum wage in New Jersey is $8.85 an hour.  Under the new law, the state’s minimum wage will increase to $10.00 an hour on July … Continue Reading

Department of Labor Says Employers Are Not Required to Pay Tipped Employees the Full Minimum Wage for Non-Tipped Activities (US)

Under the Fair Labor Standards Act (“FLSA”), employers are required to pay non-exempt employees a minimum hourly wage of $7.25.  However, employers with “tipped employees” are able to pay such employees a cash wage of $2.13 per hour and take a “tip credit” toward their minimum wage obligation to make up the difference between the … Continue Reading

Uncertainty Remains As DC Circuit Weighs In On NLRA Joint Employer Standard (US)

Much attention over the past few years has been given to the ongoing saga concerning the standard applied by National Labor Relations Board (“NLRB” or “Board”) to determine when two unrelated business entities share sufficient control over a group of employees such that they may be deemed “joint employers” under the National Labor Relations Act … Continue Reading

Healthcare Worker’s Vaccine Refusal Not Immunized by Americans with Disabilities Act (US)

On December 7, 2018, a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit unanimously held in Hustvet v. Allina Health System that an employer did not unlawfully terminate an employee who refused to receive a rubella vaccination.  The plaintiff, a healthcare specialist working with potentially vulnerable patients, requested an accommodation exempting … Continue Reading

Join Us on October 10 for Our Annual NLRB Update Webinar (US)

The change in administration following the 2016 election resulted in a change in the political makeup of the National Labor Relations Board.  That, in turn, led to a number of significant changes in the law, affecting a wide range of labor relations issues and impacting both unionized and non-union employers.  Please join us on October 10 … Continue Reading

Post-Epic Systems, Kentucky Supreme Court Holds That Under State Law, Employers Cannot Require Mandatory Arbitration Agreements as a Condition of Employment (US)

Earlier this year, the United States Supreme Court held in Epic Systems Corp. v. Lewis that employers can require employees to agree to arbitrate disputes between them solely on an individual basis and to waive class and collective action litigation procedures without running afoul of federal law.  (See our post here).   Addressing an issue not … Continue Reading

US Supreme Court Begins New Term with Three Arbitration Cases Set for Oral Argument in October

We’ve been keeping you apprised of the many developments over the past few years coming from the United States Supreme Court and other courts concerning agreements between employers and their employees to arbitrate disputes arising out of the employment relationship.  The Supreme Court’s decision last term in Epic Systems v. Lewis, which we discussed in … Continue Reading

Deadline Extended for Compliance with New York Sexual Harassment Prevention Training Requirement

As we discussed in our previous posts – see here and here – in April 2018, New York passed legislation intended to combat workplace sexual harassment.  Under this new law, employers are required to implement and distribute to employees a written policy prohibiting sexual harassment by October 9, 2018.  To assist employers in complying, in … Continue Reading
LexBlog