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BREAKING: California Employers to Disclose Pay Ranges (US)

As a result of Governor Newsom’s signature on SB 1162, California will soon become the largest state requiring affirmative disclosure of pay scale information, thus contributing to the state’s ongoing effort to increase pay transparency. Effective January 1, 2023, many California employers will be required to include pay scale information in job postings and disclose … Continue Reading

WEBINAR August 12: Dobbs v. Jackson Women’s Health Organization: What Are the Complexities to Navigate for Your Organization and the Future of Abortion Protections in the US?

Register for this event The Supreme Court’s June 2022 decision reversing long-standing precedent protecting abortion rights has created complexities for employers and other organizations across the US. As we continue to watch the impact of the Dobbs v. Jackson Women’s Health Organization decision unfold, please join our team of lawyers in a conversation highlighting where we are now … Continue Reading

Dobbs v. Jackson Women’s Health Organization: What does this mean for employers? (US)

Today, in a 6-3 decision, the nation’s highest court reversed the long-standing, seminal pro-abortion case in Roe v. Wade. Justice Samuel Alito authored the majority opinion in Dobbs v. Jackson Women’s Health Organization, holding that, “[t]he Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion … Continue Reading

Employers Beware:  Take-Home COVID Cases are on the Rise (US)

You’ve just been informed that an employee who apparently contracted COVID-19 from an exposure in your workplace brought the virus home, and now his spouse, who is in a high-risk category, has contracted the virus and is in the hospital.  Do you as the employer face potential liability for the spouse’s illness? More than two … Continue Reading

US Employers Must Submit 2021 EEO-1 Data to the EEOC by May 17, 2022 (US)

Each year, all private employers that are covered by Title VII of the Civil Rights Act of 1964 and that have 100 or more employees must file EEO-1 Component 1 data, which consists of demographic information – such as race, gender, and ethnicity information – of the employer’s workforce by job category with the U.S. … Continue Reading

DOL Issues New Guidance, Specific Examples of Prohibited Retaliation Under WHD-Enforced Wage & Hour Laws (US)

On March 10, 2022, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published a Field Assistance Bulletin (FAB) entitled “Protecting Workers from Retaliation.” The FAB provides guidance on worker anti-retaliation protections available under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Migrant and Seasonal … Continue Reading

EEOC Issues Reminder That Caregiver Duties Continue Even As COVID Surge Wanes (US)

On March 14, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a new technical assistance document, “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law,” reminding employers that caregiver obligations continue notwithstanding our gradual return to normal. The 10-page document warns that, even as pandemic conditions change, many employers, schools, and daycare … Continue Reading

President Biden Signs Into Law Ban on Mandatory Arbitration of Sexual Harassment Claims (US)

On February 11, 2022, we reported on Congress’ enactment of legislation barring the use of mandatory arbitration provisions in cases of sexual assault or sexual harassment. On March 3, 2022, President Biden signed the bill into law, as expected, making it illegal to compel an employee to arbitrate a claim of sexual assault or sexual … Continue Reading

What Employers Need to Know about California’s 2022 COVID-19 Supplemental Paid Sick Leave Law (US)

On February 19, 2022, California employers with more than 25 employees must begin complying with California’s latest paid sick leave legislation (Senate Bill 114 to be codified as Cal. Labor Code § 248.6) and provide supplemental paid sick leave to covered employees who are unable to work or telework due to COVID-19 related reasons. While … Continue Reading

Congress Bars Forced Arbitration of Sexual Harassment Claims (US)

On February 7, 2022, the U.S. House of Representatives passed, and on February 10, the U.S. Senate approved, a bill (the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (Act)) that would amend the Federal Arbitration Act (FAA) so as to invalidate clauses in employment agreements requiring employees to arbitrate claims of sexual … Continue Reading

Time To Play the Numbers:  H-1B Cap Registration Returns on March 1st (US)

U.S. Citizenship and Immigration Services (USCIS) recently announced the initial registration period for the fiscal year (FY) 2023 H-1B cap will open at noon EDT on March 1, 2022  and run through noon EDT on March 18, 2022.  This occurs one week earlier than last year. This registration process will not apply to H-1B transfers (between employers) or extensions of status applications.  It will only impact new H-1B visas subject to … Continue Reading

New York City to Require Employers List Salary Ranges in Job Advertisements (US)

UPDATE (04/29/22): On April 28, 2022, the New York City Council approved an amendment to the City’s pay transparency law, delaying its effective date to November 1, 2022.  The law, as amended, also: Clarifies that the pay range required to be included in any advertised job, promotion or transfer opportunity refers to either the annual … Continue Reading

OSHA Withdraws COVID-19 Vaccination-or-Test Emergency Temporary Standard (US)

As was anticipated by many, on Tuesday, January 25, the U.S. Occupational Safety and Health Administration (OSHA) announced the withdrawal of its November 2021 “Emergency Temporary Standard” (ETS) that would have required private sector US employers with 100 or more employees to either mandate COVID-19 vaccinations for their employees or require them to comply with … Continue Reading

OSHA’s “Vax-or-Test” ETS: Where Do We Go From Here? (US)

By now, employers know that on January 13, the United States Supreme Court stayed the controversial “Emergency Temporary Standard” (ETS) issued by the U.S. Occupational Safety Administration (OSHA). (See our post discussing the Court’s ruling here). Now that the dust has settled somewhat, employers that would have been subject to the ETS had the Supreme … Continue Reading

Supreme Court Halts Implementation of OSHA Vaccine-or-Test Rule (US)

In a per curiam majority decision issued on January 13, 2022, the United States Supreme Court stayed the implementation of the U.S. Occupational Safety and Health Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”) that would have obligated employers with 100 or more U.S. employees to require proof of COVID-19 vaccination or weekly COVID-19 testing, plus imposed … Continue Reading

US DOS Extends and Expands Visa Interview Waiver Eligibility; President Rescinds Latest Covid Travel Ban (US)

Due to the limited capacity to adjudicate visa applications during the COVID-19 pandemic, the Department of State (DOS) announced the extension and expansion of its nonimmigrant visa interview waiver program through Dec. 31, 2022. Currently, U.S. consular officers may waive the in-person interview requirement for applicants who are renewing any type of nonimmigrant visa in … Continue Reading

US Supreme Court to Hear Vaccine Mandate Appeals

In a pair of orders consolidating several pending cases, on December 22, 2021, the US Supreme Court agreed to hear emergency appeals from orders from multiple federal appellate courts relating to two of the pending COVID-19 vaccine mandates – the Emergency Temporary Standard (ETS) issued by the US Occupational Safety and Health Administration (OSHA) and … Continue Reading

New York Latest State to Provide Additional Employee Privacy Protections With Electronic Monitoring Law (US)

From Labor & Employment Partner Katharine Liao and our Data Privacy & Cybersecurity colleague Kristin Bryan, below is a post from Squire Patton Boggs’  Consumer Privacy World blog covering recent legal developments involving electronic monitoring of employees in New York State. Beginning on May 7, 2022, employers in New York State who engage in electronic … Continue Reading

DOL Extends ETS Compliance Deadline to January 10, 2022 (US)

As we reported previously, the Sixth Circuit Court of Appeals lifted the stay of enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard, which requires employers with 100 or more U.S. employees to ensure by January 4, 2022 that their workforces are fully vaccinated or ensure they test negative at least weekly … Continue Reading

Sixth Circuit Lifts Stay of OSHA Vaccine Mandate – ETS In Effect Starting January 4, 2022 (For Now) (US)

In the latest chapter in the dizzying fight over private employer vaccine mandates, on December 17, 2021, the Sixth Circuit Court of Appeals lifted a sister appellate court’s stay of the Occupational Safety and Health Administration’s (OSHA) requirement that employers with 100 or more U.S. employees require vaccination or weekly testing and face coverings as … Continue Reading

New York City Issues Guidance for Employers on Implementation of Private-Sector Vaccine Mandate (US)

As expected, New York City published guidance yesterday designed to help covered employers implement the City’s recently announced order mandating COVID-19 vaccines for private sector workers. What Is Required? For any Workplace in NYC, Covered Employers must ensure that they receive proof of vaccination against COVID-19 from all of their in-person workers by December 27, … Continue Reading

EEOC Opines Long-Haul COVID-19 Consequences May Constitute ADA Disability (US)

This past summer, we reported that President Biden expressed in a speech commemorating the enactment of the Americans with Disabilities Act (ADA) that his administration believes “long-haul” COVID may constitute a disability. Unlike mild cases of COVID-19 that resolve in days or weeks, long-haul COVID is marked by chronic symptoms that continue weeks or months … Continue Reading

New York City Announces First of its Kind Private Sector COVID-19 Mandate (US)

UPDATE (12/10/21): Justice Frank Nervo issued an amended order, filed December 9, 2021, clarifying that New York City’s municipal-worker mandate remains in effect until the scheduled December 14, 2021 hearing. On Monday, December 6, 2021, New York City’s outgoing mayor, Bill de Blasio, announced a “first-in-the-nation” COVID-19 vaccine mandate, requiring that all private sector employees … Continue Reading
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