The Colorado Department of Labor and Employment’s Division of Labor Standards and Statistics (the Division) recently adopted Colorado Overtime and Minimum Pay Standards Order # 36 (COMPS), which will take effect on March 16, 2020.[1] COMPS will replace the Colorado Minimum Wage Order, which had largely remained substantively unchanged for two decades. With the adoption of … Continue Reading
Valentine’s Day offers an annual reminder to every employer that Cupid’s arrow can strike at the workplace. According to certain studies, 25 to 50 percent of employees have been a part of a workplace romance. This might not be surprising given the amount of time employees spend with each other, in many cases over the … Continue Reading
In 2017, the City of Philadelphia enacted the Wage Equity Ordinance to address the pay gap between men and women and between different races and ethnicities. The Ordinance contains two provisions: the “Inquiry Provision,” which prohibits employers from asking about a prospective employee’s wage history; and the “Reliance Provision,” which prohibits an employer from relying … Continue Reading
With the 2020 presidential primaries underway, now is the time for employers to review their voting leave policies to ensure that supervisors and human resources departments understand applicable law. In addition to avoiding legal liability, compliance with voting-related laws helps employers maintain workplace harmony during a potentially contentious period. Currently, 30 states[1] (and Puerto Rico) … Continue Reading
The start of 2020 has already proven to be a busy year for employers in New Jersey. In addition to becoming the first state in the nation to mandate severance payments for mass layoffs, New Jersey has enacted some sweeping changes to its independent contractor laws. Governor Phil Murphy recently signed five bills aimed at … Continue Reading
Independent contractors have long been excluded from the protections afforded by traditional workplace anti-discrimination laws. That is no longer the case in New York State and City. In recent months, legislators in both Albany and Manhattan have extended substantial workplace-related protections – once only afforded to traditional employees – to freelancers, consultants, and the like … Continue Reading
Governor Phil Murphy signed legislation yesterday, January 21, 2020, amending New Jersey’s mini-WARN law, the Millville Dallas Airmotive Plant Job Loss Notification Act (the “Act”). Most notable among the changes is the requirement that companies with 100 or more employees (now including part-time workers) pay severance to employees impacted by a mass layoff. A “mass … Continue Reading
Last month, the U.S. Equal Employment Opportunity Commission (EEOC) surprisingly announced that it was formally rescinding its longstanding “Policy Statement on Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment,” which took the position that mandatory arbitration provisions between employers and employees were contrary to federal antidiscrimination laws. Originally issued in July … Continue Reading
As the use of artificial intelligence in employment decisions grows, regulations on the practice will increase as well. Illinois has kicked off these regulations with the Artificial Intelligence Video Interview Act, which requires employers to disclose and job applicants’ consent before using artificial intelligence on candidate videos when used to assess an individual’s fitness for employment. To prepare … Continue Reading
On December 23, 2019, in United Parcel Service, Inc., 369 NLRB 1 (2019), the National Labor Relations Board (the Board) gave employers one final holiday gift by returning to its traditional standard for post-arbitral deferral. The Board uses this standard to decide whether it should defer to arbitration awards in cases alleging the unlawful discipline … Continue Reading
On January 12, 2020, the U.S. Department of Labor (DOL) issued its final rule updating and revising its interpretation of joint employer status under the Fair Labor Standards Act (FLSA). The new rule simplifies the FLSA joint employer analysis with a four-factor test for determining whether workers are jointly employed by associated businesses or persons. … Continue Reading
New York state rang in 2020 with a sweeping change to its minimum wage and tip credit rules that is expected to impact roughly 70,000 workers. On December 31, 2019, the New York State Department of Labor (the NYSDOL) recommended to Governor Andrew Cuomo that the state eliminate the tip credit for all miscellaneous industry … Continue Reading
As a reminder to Illinois employers, on January 1, 2020 “The Equitable Restrooms Act” took effect, requiring all single-occupancy (or one-person) restrooms in a place of public accommodation or public building to be identified as all-gender and designated for use by no more than one person at a time, or for family, or assisted use. … Continue Reading
For employers in the Garden State, 2019 brought a barrage of legal changes and new requirements. As 2019 comes to a close, we recap some of the most significant changes to the employment landscape in New Jersey. Minimum wage In July 2019, the New Jersey minimum wage increased to $10 per hour. This number will … Continue Reading
On Tuesday, December 17, 2019, in Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, 368 NLRB No. 143, the National Labor Relations Board (the Board or NLRB) held that an employer may restrict the use of its email system if it does so on a non-discriminatory basis, effectively reinstating the holding of Register Guard, 351 … Continue Reading
The City of Pittsburgh has provided much needed clarity regarding several lingering questions concerning the Paid Sick Days Act (the Act), which requires all private employers of full- or part-time employees within the City of Pittsburgh to provide paid sick leave benefits. In July 2019, the Pennsylvania Supreme Court upheld the Act following a nearly four-year … Continue Reading
On Tuesday, December 17, 2019, in Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144 (2019), the National Labor Relations Board (the Board or NLRB) held that requiring employee confidentiality during workplace investigations does not constitute an unfair labor practice under the National Labor Relations Act (the Act or NLRA). This is yet … Continue Reading
On December 16, 2019, in Valley Hospital Medical Center, Inc. d/b/a Valley Hospital Medical Center (368 NLRB No. 139 (2019)), the National Labor Relations Board (NLRB) overturned its 2015 decision in Lincoln Lutheran of Racine (362 NLRB 1655 (2015)), restoring the Board’s 50+ year precedent established under Bethlehem Steel (136 NLRB 1500 (1962), that there … Continue Reading
On December 16, 2019, the U.S. Department of Labor (DOL) published its first significant revision since 1968 to its interpretation of the calculation of the “regular rate” under the Fair Labor Standards Act (FLSA).[1] The regulations address whether certain fringe benefits must be included in calculating an employee’s regular rate for overtime purposes. With the … Continue Reading
On December 13, 2019, the National Labor Relations Board (Board) announced a series of modifications to its representation case procedures. These modifications will be published on December 18, 2019, and are scheduled to go into effect on April 16, 2020. Unlike the Obama Board’s 2014 amendments, the current Board has elected to implement these changes … Continue Reading
As technology continues to rapidly evolve, so do hiring and recruiting practices. A number of start-up companies have emerged in recent years offering employers the ability to use artificial intelligence (AI) to screen job candidates and determine their employability. These AI-driven recruiting practices, such as those that use facial and voice recognition technologies, are touted … Continue Reading
New York state employers, it’s time to dust off and update your employee handbooks again. Earlier this month, Governor Andrew Cuomo signed a law that protects employees against discrimination on the basis of their reproductive health decision-making. The law, which mirrors a recent bill passed by New York City lawmakers, also requires that employers in … Continue Reading
Shortly after the U.S. Department of Labor’s new overtime rule was finalized, the Pennsylvania Department of Labor and Industry (L&I) followed suit and finalized its own proposed overtime rule. Regulation 12-106 was set to exceed the new federal rule regarding the minimum salary to be paid to employees who are exempt from overtime. The new … Continue Reading
Beginning January 1, 2020, an individual’s deadline to exhaust their administrative remedies through advancing a charge of unlawful workplace discrimination, harassment, and retaliation with the California Department of Fair Housing and Employment (DFEH) will be extended from one year to three years. Assembly Bill 9, known as the Stop Harassment and Reporting Extension (SHARE) Act, … Continue Reading
