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Employers Prepare: New York Continues to Revamp Workplace Harassment Law (US)

Riding on the 2018 wave of workplace sexual harassment legislation, on June 19, 2019, the New York state assembly and senate voted to toughen the state’s anti-discrimination and anti-harassment law (S. 6577/A. 8421 and related amendment S. 6594/A. 8424). Governor Cuomo, a proponent of the bill, is expected to sign the bill into law.  … 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

Minneapolis Employers — Heads Up! City gives two days’ notice to comply with new sick leave rules (US)

From July 1, 2017 until last Friday night (June 28, 2019), the city of Minneapolis had a paid sick leave law that, per the city’s own rules and FAQs, only applied to employers with a physical location in the city of Minneapolis. As we previously reported, the city had been taking public comment on whether … 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

Seventh Circuit: Obesity Alone Is Not A Disability Under the ADA (US)

As we previously reported here, the issue of whether obesity is a legally-protected impairment is complex, and jurisdictions differ on the extent to which they consider obesity to be a disability under the Americans with Disabilities Act (“ADA”).  On June 12, 2019, the United States Court of Appeals for the Seventh Circuit joined the Second, … 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

Illinois and City of Chicago Poised to Implement New Laws Addressing Changes in the Workplace – Signs of Things to Come? (US)

Illinois Restricts Use of Artificial Intelligence in Hiring On May 29, 2019, the Illinois Legislature unanimously passed the Artificial Intelligence Video Interview Act, which, not surprisingly, addresses how employers use artificial intelligence to analyze job applicant video interviews to determine the applicant’s fitness for the position.  Under the new law (assuming it is signed by … 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

EEOC Will Begin Collecting 2017 and 2018 Pay Data from Employers in Mid-July 2019 (US)

A federal judge recently ordered that the Equal Employment Opportunity Commission (“EEOC”) collect two years of Component 2 EEO-1 data, including employees’ hours worked and W-2 compensation information, from employers with 100 or more employees (and federal contractors with 50 or more employees) by September 30, 2019 (see our post here).  The agency was given … Continue Reading

U.S. Department of Labor Says “Gig Economy” Workers Are Independent Contractors, Not Employees (US)

On Monday, April 29, 2019, the United States Department of Labor (“DOL”) Wage and Hour Division issued an opinion letter in response to an inquiry from an anonymous “virtual marketplace company” (“VMC”) concerning whether individuals who provide services through the VMC (“service providers”) are employees or are independent contractors for purposes of federal wage and … 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

New York City and California Take Aim at Hairstyle-Based Discrimination (US)

Both New York City and California have recently taken steps to ban hairstyle-based discrimination.  On Monday, April 22, 2019, the California State Senate passed the CROWN Act (Create a Respectful and Open Workplace for Natural Hair), which seeks to amend California’s anti-discrimination statute, the California Fair Housing and Employment Act (“FEHA”).   The CROWN Act, if … Continue Reading

Federal Court Confirms September 30, 2019 Deadline for Employers to Submit EEO-1 Pay Data (US)

As we previously reported here, on April 3, 2019, the White House Office of Management and Budget (“OMB”) filed a brief with the U.S. District Court for the District of Columbia proposing a September 30, 2019 deadline for the EEOC to complete collection of the required 2018 EEO-1 pay data forms. The brief was filed … Continue Reading

US Supreme Court Rules That Agreement to Class-Based Arbitration Procedures Must Be Explicit  

The Court’s ruling in Lamps Plus, Inc., et al. v. Varela is the latest in the Court’s ongoing pro-employer, pro-arbitration jurisprudence As we first reported here, the United States Supreme Court’s docket this term includes three significant cases interpreting various aspects of the Federal Arbitration Act (“FAA”).  Earlier this year, the Court ruled in the … Continue Reading

US Supreme Court Agrees to Decide Whether Title VII Prohibits LGBT Discrimination

After considering the petitions at eleven separate private conferences, on April 22, 2019, the U.S. Supreme Court granted certiorari in three cases involving the extent of protection provided by Title VII of the Civil Rights Act of 1964 – if any – against employment-based discrimination on the basis of sexual orientation and gender identity.  As we … Continue Reading

USCIS has drawn the H-1B lucky numbers, but winners may have to hold off on celebrating (US)

On April 11th, USCIS announced that its computer-generated random selection process was completed. USCIS drew the numbers of the lucky H-1B petitions that made the cut under the congressionally-mandated regular cap of 65,000 visa numbers and the U.S. advanced degree exemption of 20,000 visa numbers for fiscal year (FY) 2020.… Continue Reading

M&A News: Recent Case Provides Important Lessons For Buyers Acquiring Unionized Businesses (US)

When organizations are seeking to expand their operations, they often will find interesting targets who have union-represented employees. A union’s presence will create additional compliance obligations but contrary to common misconceptions, union-related obligations are not necessarily unmanageable.… Continue Reading

EEOC Proposes September 30, 2019 Deadline for EEO-1 Pay Data Collection (US)

As we previously reported here, on March 4, 2019, a federal court issued an order lifting the stay implemented by the White House Office of Management and Budget (“OMB”) regarding the pay data collection component of the EEO-1 report, finding that the OMB failed to demonstrate good cause for the stay.  The order left many … 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

Department of Labor Proposes Update To Rules Governing Calculation Of Overtime Pay (US)

On March 28, 2019, the United States Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking announcing proposed updates to the rules that govern how employers calculate overtime payments under the Fair Labor Standards Act (“FLSA”).  As a reminder, the FLSA requires employers to pay additional compensation to non-exempt employees for work that exceeds … Continue Reading

Federal Judge Reinstates EEO-1 Pay Data Collection Requirement – Impact on Employers Still Unclear (US)

On March 4, 2019, a federal court issued an order lifting the stay implemented by the White House Office of Management and Budget (“OMB”) regarding the pay data collection component of the EEO-1 report, holding that the OMB failed to demonstrate good cause for the stay. As we previously reported here, in 2016, the U.S. … Continue Reading
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