Archives: Workplace Laws and Regulations

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Pittsburgh and Allegheny County vote to ban discrimination against race-based hairstyles

Last week, the Pittsburgh City Council and the Allegheny County Council unanimously voted to ban discrimination on the basis of race-based hairstyles by passing the Creating a Respectful and Open World for Natural Hair Act (known as the CROWN Act). The CROWN Acts amend provisions of the City and County Codes addressing employment, housing, real … Continue Reading

New York City passes key amendments to paid safe and sick leave law

New York City first adopted a local paid sick leave law in 2014. Over the ensuing six years, the City legislature amended the law several times, including in 2018 to add “safe leave” as a form of paid time off. Late last month, the City amended the Earned Safe and Sick Time Act (ESSTA) yet … Continue Reading

Executive Order 13950 on diversity training: Hidden traps for employers

Beginning November 20, 2020, President Trump’s Executive Order 13950 On Combating Race and Sex Stereotyping (“EO 13950” or “The Order”) will fundamentally reshape the way government contractors conduct diversity training.  Signed September 22, 2020, the Order prohibits federal workplace trainings that “promote race or sex stereotyping or scapegoating.” Importantly for private employers, federal contractors also … Continue Reading

California expands Family Care and Medical Leave eligibility

On September 17, 2020, Governor Gavin Newsom signed Senate Bill 1383 (SB-1383), which significantly expands employee eligibility for family and medical leave under the California Family Rights Act (CFRA). The law, which will go into effect January 1, 2021, reduces the number of employees required for an employer to be covered under the CFRA and … Continue Reading

U.S. Department of Labor proposes new “reality” for classifying independent contractors

This week, the U.S. Department of Labor (DOL) proposed a new rule that would create a uniform approach to the way companies classify workers as independent contractors or employees under the Fair Labor Standards Act (FLSA). The notion of classifying workers as independent contractors versus employees has continued to gain importance in recent years, given … Continue Reading

DOL issues new final rule and updated guidance for employers who use the fluctuating workweek method to calculate overtime

On May 20, 2020, the U.S. Department of Labor (DOL) published a final rule explaining that bonuses and other incentive payments—paid in addition to an employee’s weekly salary—are compatible with the fluctuating workweek (FWW) method of calculating overtime under the Fair Labor Standards Act (FLSA). The final rule went into effect on August 7, 2020. … Continue Reading

DOL doubles-down on FFCRA rules (but amends others) in response to federal court decision

On September 11, 2020, the U.S. Department of Labor (DOL) issued a new administrative rule concerning the Families First Coronavirus Response Act (FFCRA), a federal law that provides two forms of COVID-19-related paid time off to employees of businesses with fewer than 500 employees. The rule comes just over a month after a New York … Continue Reading

California requires new COVID-19 supplemental paid sick leave

On September 9, 2020, Governor Newsom signed Assembly Bill (AB) 1867 into law, adding section 248.1 to the Labor Code. Under this new section, “hiring entities” are required to provide supplemental COVID-19 paid sick leave (CPSL) to “covered workers.” This is in addition to any paid sick leave that may be available to the covered … Continue Reading

Pennsylvania medical marijuana use on the rise in times of COVID-19

Pennsylvania’s Medical Marijuana Act (the “Act”) legalized the use of medical marijuana as of April 2016. Initially, the Act permitted the use of medical marijuana to treat 17 serious medical conditions when certified as such by a properly credentialed healthcare provider. The list included conditions such as cancer, HIV/AIDS, Parkinson’s disease, neurodegenerative diseases, and terminal … Continue Reading

New York federal judge nixes U.S. Department of Labor’s new “joint employer” rule

Earlier this year, the U.S. Department of Labor (DOL) issued a rule updating its interpretation of the “joint employer” doctrine under federal wage and hour law.  Yesterday, however, a New York federal judge struck down a significant portion of the rule.  Judge Gregory H. Woods’ 62-page decision delivers a significant blow to businesses that had … Continue Reading

Fifth Circuit says Texas trial court should have considered reforming an overbroad non-compete at the preliminary injunction stage

The enforceability of employment non-competes in Texas is governed by the Texas Covenants Not to Compete Act.  If a non-compete covenant is found to be overbroad, “the court shall reform the covenant to the extent necessary to cause” the covenant to be reasonable.  Tex. Bus. & Com. Code § 15.51(c).  The Texas Supreme Court has … Continue Reading

New York’s healthy terminals act may create additional wage and benefits obligations for airport employers

Airport workers at John F. Kennedy (JFK), LaGuardia (LGA), and New York Stewart International Airport (SWF-Stewart Intl.) may soon be receiving increased wages and benefits under the Healthy Terminals Act (the “Act”) (Senate Bill S6266D).  Spurred by the COVID-19 related death of a JFK airport worker, the Act recently passed both the New York State … Continue Reading

Everything you need to know about New York’s forthcoming statewide paid sick leave law

The enactment of paid sick leave laws began as a state and local employment law trend roughly a decade ago, gaining substantial momentum in the mid-2010’s.  Amidst this wave, New York City adopted a paid sick leave law in April 2014.  The City Council later amended the law – in May 2018 – to provide … Continue Reading

Updated COVID-19 FAQs for New York employers

Please see an updated version of our FAQs as of July 25, 2020.   We have compiled FAQs concerning New York’s COVID-19-related health and safety protocols for businesses across the state. These protocols apply to all New York businesses – regardless of size, location, whether the business has physically reopened, or whether it was deemed “essential” – … Continue Reading

Illinois releases guidance regarding reporting rule for sexual harassment and discrimination judgments

On July 14, 2020, the Illinois Department of Human Rights (IDHR) released guidance for employers regarding the state’s new “adverse judgment or administrative ruling” reporting requirement.  Following amendments to the Illinois Human Rights Act, employers with at least one adverse judgment or administrative ruling must disclose to the IDHR the total number of final, non-appealable … Continue Reading

Virginia is the first state to adopt extensive COVID-19 workplace safety regulations

On July 15, 2020, in response to Governor Northam’s Executive Order No. 63 directing the issuance of emergency regulations to control, prevent, and mitigate the spread of COVID-19 in the workplace, the Virginia Department of Labor and Industry’s (DOLI’s) Safety and Health Codes Board voted 9-2 to approve extensive emergency workplace safety standards in response … Continue Reading

NLRB ends long-time standard which protected obscene, racist and sexually harassing speech in connection with Section 7 activity

The National Labor Relations Board (the “Board”) issued a decision on July 21, 2020, which will aid employers in their ability to discipline or discharge an employee who engaged in abusive or offensive conduct in connection with protected concerted activity. In General Motors LLC, 369 NLRB No. 127 (2020), the Board modified its standard for … Continue Reading

Responding to employee advocacy and workplace walkouts during times of protest

Several labor organizations, along with racial and social justice organizations, conducted a mass walkout on July 20, 2020 to protest racial inequality and working conditions in the United States.  Thousands of workers in more than 200 cities walked off the job on a full-day strike while others who were unable to strike for a full … Continue Reading

Update: Pennsylvania order mandates telework, but to what extent?

This is an update to our July 17, 2020 article addressing the July 15, 2020 orders issued by Governor Wolf and the Pennsylvania Department of Health “directing mitigation measures” in response to a reported rise in COVID-19 cases in Pennsylvania. As explained in that prior article, both orders included the following mandate requiring telework:  “Unless … Continue Reading

New Pennsylvania order mandates telework, but to what extent?

On July 15, 2020, Governor Wolf and the Pennsylvania Department of Health issued orders “directing mitigation measures” in response to a reported rise in COVID-19 cases in Pennsylvania.  Both orders included the following mandate requiring telework:  “Unless not possible, all business are required to conduct their operations in whole or in part remotely through individual … Continue Reading

San Francisco mandates certain workers be rehired in emergency ordinance

Effective July 3, 2020, San Francisco’s Back-to-Work Emergency Ordinance (Emergency Ordinance) seeks to mitigate the economic harm for individuals who are unable to work due to the COVID-19 public health emergency by creating a temporary right to reemployment for certain employees laid off due to the coronavirus pandemic if their employer seeks to fill the … Continue Reading

NLRB greenlights company policy allowing searches of workers’ personal property on company premises and company devices and networks

In another victory for employers and a further retreat from Obama-era policy, the National Labor Relations Board (“NLRB” or the “Board”) recently ruled that employers do not violate the National Labor Relations Act (“NLRA” or the “Act”) by maintaining a policy that allows employers to monitor employees on the job by searching employees’ personal property … Continue Reading

It’s official: Illinois law presumes COVID-19 is a workplace injury for essential workers

Illinois officially has made it easier for certain workers who contract COVID-19 to claim it is an occupational disease for purposes of collecting workers’ compensation. On June 5, 2020, Illinois Governor J.B. Pritzker signed into law House Bill 2455, which amends the Illinois Workers’ Occupational Diseases Act (820 ILCS 310/et seq.) with respect to such … Continue Reading

California’s recent guidance for employers facing COVID-19 outbreaks

On June 16, 2020, the California Department of Public Health (CDPH) released guidance for employers responding to COVID-19 outbreaks in the workplace. An outbreak at a non-health care or congregate setting workplace is defined as three or more laboratory-confirmed cases of COVID-19 within a two-week period among employees who live in different households. The guidance … Continue Reading
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