Archives: Legislation

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New York Mandates Sexual-Harassment Prevention Requirements for Private Employers (US)

This month both the State of New York and New York City have passed separate legislation designed to prevent sexual harassment in the workplace. Both laws require employers to conduct mandatory sexual harassment training for all employees. On April 10, 2018, Governor Cuomo signed the Budget Bill, which contains a mandate for employers in the … Continue Reading

US Supreme Court Says No Overtime Pay for Auto Service Advisors

In a case of straightforward statutory interpretation, the U.S. Supreme Court held on April 2, 2018 in Encino Motorcars LLC v. Navarro that service advisors employed at car dealerships are exempt from the overtime pay requirement under the Fair Labor Standards Act (FLSA). The dispute began in 2011, when service advisors employed by Encino Motorcars, … Continue Reading

Measure Aimed At Reducing Frivolous ADA Public Accommodation Suits Passes House (US)

On February 15, 2018, the United States House of Representatives voted in favor of adopting the ADA Education and Reform Act of 2017, H.R. 620, which, if approved by the Senate and signed into law, would amend the Americans with Disabilities Act (“ADA”). Title III of the ADA (“Title III”) requires “places of public accommodation” … Continue Reading

Title VII Bars Sexual Orientation Discrimination, Says Second Circuit Court of Appeals (US)

Last spring, we reported that the Seventh Circuit Court of Appeals (which hears appeals from Illinois, Indiana, and Wisconsin federal trial courts) had become the first federal appellate court to conclude that Title VII’s sex discrimination prohibition also precludes discrimination based on sexual orientation. On February 26, 2018, the Second Circuit Court of Appeals, ruling … Continue Reading

New UK minimum wage rates bring employers closer to non-compliance

Following the Chancellor’s announcement in November’s budget regarding changes to the National Living Wage and National Minimum Wage rates, the National Minimum Wage (Amendment) Regulations 2018 have now been laid before Parliament. The Regulations implement these increases from 1 April 2018: National Living Wage (Over 25’s) – £7.83 (previously £7.50) 21-24 year olds – £7.38 … Continue Reading

Arizona Law Generally Exempts Franchisors From Being Considered Joint Employers With Franchisees (US)

In the wake of fluctuations in federal labor law, in particular, as interpreted by the National Labor Relations Board (“NLRB”), regarding who may be considered a joint or co-employer of an employee, in 2017, Arizona enacted its own joint employer law.  A.R.S. § 23-1604 makes clear that, at least under Arizona law, a franchisor is not a … Continue Reading

Sexual Harassment Claims Put Non-Disclosure and Arbitration Agreements Under Scrutiny, Resulting in a Flurry of Legislative Action

In the current climate where sexual assault and harassment allegations against Hollywood elite, Congressmen and news anchors have triggered a wave of “me too” allegations, several tools commonly used by employers to shield themselves from liability have come under attack, including non-disclosure agreements (NDAs) and arbitration agreements. Many employers require employees to sign NDAs as … Continue Reading

Illinois Employers Face A Recent Rash of Class Action Lawsuits Filed Under State Biometric Information Privacy Law

Illinois enacted its Biometric Information Privacy Act (“BIPA”) in 2008 to regulate, among other things, employer collection and use of employee biometric information.  Biometrics is defined as the measurement and analysis of physical and behavioral characteristics.  This analysis produces biometric identifiers that include things like fingerprints, iris or face scans, and voiceprints, all of which … Continue Reading

Paid Family Leave On the Rise – California and New York State Both Set to Expand Benefits Starting January 1, 2018

Come January 1, 2018, employees in California and New York will enjoy new and expanded rights to time off work, with pay, to attend to certain family needs.  New York, whose law was enacted in 2016 (see our prior post here), boasts its law as being the nation’s “strongest and most comprehensive” on paid family … Continue Reading

The politics of tragedy – new employment rights proposed for bereaved parents

You know it’s time to re-issue your employment legislation when the nearest available section number for the insertion of an amendment into the Employment Rights Act is Section 171ZZ. Though it might sound like a bottom-rank Star Wars droid, that little fellow is actually the proposed product of a new Bill on time off work for … Continue Reading

Revised Modern Slavery Guidance – limited help for baffled businesses

We weren’t very nice on this blog about the original Government Guidance on the Modern Slavery Act, largely because it really wasn’t very good. It lacked detail where structure would have been helpful, regularly confused aspiration with legal requirement and contained altogether too many uses of the word “remediation” for a document singing the praises … Continue Reading

Attention Kmart Shoppers! Oregon Passes Law Regulating Retail Worker Scheduling Practices

Oregon is the first state to mandate that the state’s largest employers in the retail industry, as well as in the hospitality and food service industries – those with more than 500 workers  – provide employees with their schedules, in writing, at least a week ahead of time.  They’ll also have to give workers a … Continue Reading

US Department of Labor Resumes Issuing Opinion Letters To Assist Employers Navigate Federal Wage & Hour and Leave Laws

Newly appointed Secretary of Labor Alexander Acosta announced on June 27 that the U.S. Department of Labor (“DOL”) would resume issuing opinion letters in response to employers and employees who submit inquiries seeking fact-specific interpretations of the Fair Labor Standards Act (“FLSA”) and the Family and Medical Leave Act (“FMLA”).  Opinion letters are official, interpretative … Continue Reading

How to make time fly – HR preparation for the GDPR

Exactly one year from today, Brexit notwithstanding, the EU General Data Protection Regulation comes into effect. This is aimed primarily at commercial progressing of customer data but still has significant ramifications for HR’s handling of employee data. Compliance with the Data Protection Act as it stands will not be enough to protect against breaches of … Continue Reading

The Senior Managers Regime in 2018 … a brave new world of regulation

Andrew Pullman explores the serious people challenges for all financial institutions facing the new senior management rules and regulations in 2018 A New World From 2018, the Conduct Rules laid out in the Senior Managers Regime will apply to all financial institutions – we are expecting further details in June 2017. This is an expansion … Continue Reading

Industrial Commission of Arizona Issues Long-Awaited Proposed Rulemaking Regarding Arizona’s Paid Sick Leave Statute

We previously reported that all Arizona employers will be required to make paid sick leave available to their employees beginning on July 1, 2017. The law requires that businesses with 14 or fewer employees provide at least 24 hours of leave annually, and businesses with 15 or more employees provide at least 40 hours of … Continue Reading
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