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Lessons for California Employers from Viking River (US)

Last Wednesday, the U.S. Supreme Court waded into the complicated and controversial waters of California’s Labor Code Private Attorneys General Act (“PAGA”).  At issue was whether pre-dispute arbitration agreements between employers and employees could be enforced to compel PAGA claims into arbitration – California courts had said no.  At stake is a huge loophole which … Continue Reading

Summer State/Local Law Round-Up, Part 2 of 2: Ohio through West Virginia (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 at 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: California through New York (US)

Now that we’re almost half-way through 2022, it’s time again to cover all of the development in state and local labor and employment laws. It’s been a busy time in the state legislatures and city councils, with lots of new laws and amendments to existing laws. In fact, due to the large number of updates, … Continue Reading

Seventh Circuit Reminds Employers Words and Actions Both Count in FMLA Cases (US)

Most employers know that under the Family and Medical Leave Act (FMLA), employees who have worked at least one year (and at least 1,250 hours in that year) have the right to take leave for their own or a close family member’s serious health condition, among other reasons. And most employers that are subject to … 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

EEOC Issues Guidance on the Interplay between the Use of Artificial Intelligence in Employment Decisions and the ADA (US)

Many businesses use artificial intelligence (“AI”), algorithms, software, and other forms of technology to make employment-related decisions. Employers now have an array of computer-based tools at their disposal to assist them in hiring employees, monitoring job performance, determining pay or promotions, and establishing the terms and conditions of employment. As such, many employers rely on … Continue Reading

Federal Contractors: Register and Certify Your Affirmative Action Programs by June 30, 2022 (US)

The Office of Federal Contract Compliance Programs (OFCCP) will soon require federal contractors to use a Contractor Portal to register and certify that they have their required Affirmative Action Programs (AAP) in place. The portal launched February 1, 2022. Registration began on February 15 and certification began on March 31.… 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

As Union Organizing Actions Skyrocket, the NLRB Seeks to Bar Employers from Holding Mandatory Meetings with Employees about Unions

Two major developments this week illustrate a new landscape for employers with regard to union organizing campaigns. First, the National Labor Relations Board has reported a dramatic increase recently in the number of union election petitions (i.e., requests for elections to decide whether a union may represent a group of workers).  During the first half … 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

NYC’s COVID-19 Vaccine Passport Program Set to Expire Amidst Countrywide Wave of Pandemic Restriction Rollbacks (US)

In August 2021, New York City implemented a vaccine passport program, dubbed the “Key to NYC,” which required indoor dining, fitness, recreation and entertainment venues in NYC to verify that staff and guests ages 5 and older are vaccinated against COVID-19 as a condition of entry.  But waning positivity and hospitalization rates augur further changes … 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

US Federal Labor Viewpoints – Week of January 17, 2022

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of January 17, 2022. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … 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

US Federal Labor Viewpoints – Week of January 10, 2022

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of January 10, 2022. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … 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 Federal Labor Viewpoints – Week of December 27, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of December 27, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week.In this issue, we … Continue Reading

State Law Round-Up: Year-End Edition (US) (Part 2 of 2)

Welcome to Part 2 of the 2021 Year-End Edition of the State Law Round-Up, covering states in the second half of the alphabet. Part 1, covering the first part of the alphabet, can be found here. Maine:  Maine’s “ban-the-box” law, HP 845, went into effect October 18, 2021.  The law prohibits private employers from requesting … Continue Reading
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