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State Law Round-Up: Wage Theft Laws (MN, NJ) and Restrictions on Non-Compete Agreements (ME, MD, NH, OR, RI, WA) (US)

Wage Theft Laws In response to Minnesota’s wage theft law, which we previously reported about here, the city of Minneapolis has passed its own wage theft law, Ordinance No. 2019-031, which will go into effect on January 1, 2020. The law applies to any employee that works for an employer for at least 80 hours … Continue Reading

Summer Vacation Is Definitely Over At The NLRB (US)

Between August 29 and September 10, the National Labor Relations Board (“NLRB” or “Board”) issued four decisions that resolve important issues that have been the subject of long-running disputes.  It also issued an invitation to submit briefs in a case that provides an opportunity for the current Board majority members to revise the standard for … Continue Reading

California Passes Sweeping New Law Limiting Employer Use Of Independent Contractors (US)

AB 5, and its “ABC test,” expected to have greatest impact in “gig economy” jobs, but impact certain to be even more widely felt After a summer of lobbying and debating, the California Assembly adopted AB 5, a headline-grabbing law purporting to transform the status of gig-economy workers at companies like Uber, Lyft, and DoorDash.  … Continue Reading

EEOC Presses Pause on Collection of EEO-1 Pay Data After This Year’s September 30 Reporting Deadline (US)

As we have previously reported here, companies with at least 100 employees must collect and report 2017 and 2018 employee pay data information, broken down by race/ethnicity, sex, and job category (“Component 2 data”) as part of their annual EEO-1 report. This Component 2 data remains due to be filed with the EEOC by September … Continue Reading

Illinois Enacts New Law In Response To #MeToo Movement (US)

On August 9, 2019, Illinois Governor JB Pritzker signed into law the Illinois Workplace Transparency Act (“WTA”), imposing new requirements and modifying existing laws in ways that will impact nearly all Illinois employers – and may be a signal of things to come in other US states.  The WTA aims to address concerns raised through … Continue Reading

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

Ninth Circuit Issues Decision Clarifying Businesses Obligations to Persons with Disabilities (US)

Many employers are familiar with Title I of the Americans with Disabilities Act (ADA), which sets forth employers’ obligations to disabled applicants and employees, but the ADA also imposes obligations on businesses that are places of public accommodation – and nearly all are – with respect to their patrons. A recent Ninth Circuit appellate decision, … Continue Reading

State Law Round-Up: Minnesota Criminal Penalties for Wage Law Violations; New York Wage Gap and Hairstyle Discrimination; Pregnancy and Nursing Protections in Maine (US)

Minnesota Enacts Criminal Penalties for Wage Law Violations Minnesota governor Tim Waltz recently signed legislation that imposes criminal penalties (including felony charges) on employers who engage in “wage theft.” Effective August 1, 2019, employers will be guilty of a felony if they wrongfully withhold an employee’s pay by virtue of underpayment, misclassification, or refusing to … 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

EEOC Opens Online Filing System: Are You Ready for the September 30, 2019 Pay Data Reporting Deadline? (US)

As we have reported previously (here, here, here and here), sweeping changes to employer obligations under the Equal Employment Opportunity Commission’s (EEOC) EEO-1 reporting requirements are under way. By September 30, 2019, employers must report 2017 and 2018 pay data for their workforce (referred to as “Component 2” data), broken down by race/ethnicity and sex. … Continue Reading

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

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

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
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