Archives: Workplace Laws and Regulations

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Florida expands definition of “discrimination” and increases employer liability for discrimination in workplace diversity training

Florida Governor Ron DeSantis signed a bill into law that prohibits employers from implementing discriminatory practices in their diversity training programs, effective July 1, 2022. The bill, known as the “Individual Freedom Act,” amends the Florida Civil Rights Act, Fla. St. 760.01, et seq., to expand the definition of discrimination and subjects employers to liability … Continue Reading

Pennsylvania on the path to increase threshold for tipped employees

In November 2021, Governor Tom Wolf’s administration proposed a new regulation that will require tipped employees to earn at least $135 a month in tips before an employer is permitted to pay the $2.83 per hour tipped rate, rather than state’s minimum wage of $7.25 an hour. Currently, in Pennsylvania, employers can pay tipped employees … Continue Reading

Virginia officially revoked COVID-19 workplace safety standard

On Wednesday, March 23, 2022, official revocation of Virginia’s COVID-19 permanent workplace safety standard became effective upon publication in the Richmond Times-Dispatch. That action followed a vote by the Virginia Department of Labor and Industry’s (DOLI’s) Safety and Health Codes Board (Board) earlier this week. The Board initiated steps in February to end the standard based … Continue Reading

New York enacts two bills expanding employee protections under the state’s anti-discrimination statute

As we previously reported, the New York State Senate recently passed a handful of significant employment-related bills. On March 16, Governor Kathy Hochul signed several of the bills into law. Perhaps most notably, Senate Bill S.5870 bars employers from disclosing an employee’s personnel files because the of the employee’s participation in a workplace complaint or … Continue Reading

Biden signs federal law restricting sexual harassment and assault arbitration

On March 3, President Joe Biden signed into law one of the most significant modifications ever made to federal arbitration law. Known as the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” (the Act), the new law essentially restricts employers from forcing workplace sexual harassment or assault claims to be resolved … Continue Reading

New York legislature proposes sweeping changes to workplace laws

On March 1, 2022, the New York State Senate passed a suite of landmark employment legislation. Though several of the bills still need to be passed by the State Assembly – and, of course, ultimately signed into law by Governor Kathy Hochul – Empire State employers should nevertheless review the measures now so they will … Continue Reading

Virginia begins process to revoke permanent COVID-19 workplace safety standard

On Wednesday, February 16, 2022, the Virginia Department of Labor and Industry’s (DOLI’s) Safety and Health Codes Board (Board) convened and voted to recommend revoking the Commonwealth’s COVID-19 permanent workplace safety standard. This action comes after newly-elected Governor Glenn Youngkin issued Executive Order 6 directing the Board to convene an emergency meeting to consider whether there … Continue Reading

Congress passes bill prohibiting sexual harassment and assault arbitration

On February 7, 2022, the United States House of Representatives passed H.R. 4445, which would modify the Federal Arbitration Act by carving out an exception for cases involving sexual harassment and assault. The bill titled, “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” – which was passed by the Senate on … Continue Reading

Pennsylvania businesses with COVID-19 vaccine requirements may have to provide new exemption for employees

Pennsylvania House of Representatives members have proposed House Bill 2318, which proposes that employers must provide a “natural immunity” exemption to employees under any employer COVID-19 vaccine mandate policy. The bill defines “natural immunity” as possessing immunity to the COVID-19 virus as a result of previous infection caused by the virus. Thus, if the proposed … Continue Reading

New York judge strikes down statewide mask mandate

On December 13, 2021, New York State Governor Kathy Hochul announced that the wearing of masks would once again be required in “all indoor public places unless businesses or venues implement a vaccine requirement.” This meant that for any business that did not have a proof of vaccination requirement in place, all of the business’s … Continue Reading

NYC wage transparency law to go into effect in May 2022

As we previously reported, the New York City Council passed legislation in December 2021 requiring New York City employers to include a maximum and minimum salary in all job postings (for new jobs as well as internal promotions and transfer opportunities). Mayor Eric Adams returned the bill unsigned to the city council on January 14, … Continue Reading

Supreme Court blocks federal vaxx-or-test rule for large employers

The highest court in the land has, at long last, weighed in on the permissibility of the federal government’s November 2021 vaccine-or-test rule for large employers. Specifically, on January 13, 2022, the U.S. Supreme Court stayed the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS), which had required that private employers with 100 … Continue Reading

Violations of Colorado’s non-compete statute to become a criminal offense

On March 1, 2022, Colorado Senate Bill 21-271 (SB 21-271) goes into effect. This new law will make the violation of a number of statutes, including Colorado’s non-compete law, C.R.S. § 8-2-113, a criminal offense, specifically a class 2 misdemeanor. See Colorado Senate Bill 21-271, Section 81. In Colorado, covenants not to compete that restrict … Continue Reading

NYC passes landmark wage transparency bill

Even though 2022 is just underway, the NYC employment law landscape is already red hot. In mid-December, the city council passed a first-of-its-kind bill requiring Big Apple employers to include a maximum and minimum salary in all job postings, which includes new jobs as well as internal promotions and transfer opportunities. For employers that are … Continue Reading

FAQs regarding OSHA’s workplace vaccine mandate

OSHA issued its Emergency Temporary Standard (ETS) in early November. A series of challenges quickly ensued, resulting in a stay of the ETS and a consolidation of the cases before the Sixth Circuit. On December 17, 2021, the Sixth Circuit lifted the stay. OSHA has indicated that it will delay enforcement of the ETS deadlines until January 10, … Continue Reading

BREAKING: Federal Appeals Court reinstates OSHA vaccine ETS

On December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay previously placed on OSHA’s so-called “vaccinate or test” Emergency Temporary Standard (ETS). Consequently, covered employers with 100 or more employees will now be required to comply with the ETS under the newly announced deadlines of January 10, 2022 for all non-testing requirements … Continue Reading

OSHA ETS: Sixth Circuit denies initial hearing en banc

As noted in our prior post regarding the Sixth Circuit handling the challenges to the OSHA Emergency Temporary Standard (the ETS), several of the parties targeting the OSHA ETS filed or joined various petitions requesting an initial hearing en banc. On December 15, 2021, the Sixth Circuit denied the various petitions for initial hearing en … Continue Reading

NYC guidance addresses intersection of vaccine policies and workplace laws

In conjunction with New York City’s recent employer vaccine mandate, the New York City Commission on Human Rights (NYCCHR) issued enforcement guidance on the equitable implementation of COVID-19 vaccine requirements for employees, independent contractors, and interns. Non-discriminatory application of vaccine policies In its guidance, the NYCCHR underscored that employers must ensure their policies and practices … Continue Reading

Everything you need to know about NYC’s employer vaccine mandate

As we previously reported, effective December 27, 2021, all private sector employers in New York City will be required to implement a mandatory vaccination policy for their workers. Today, guidance was issued clarifying this new mandate and related employer obligations. We have summarized what you need to know about this guidance below. Clarification on the … Continue Reading

New York issues guidance on its latest mask mandate

As we previously reported, effective today, masks must be worn in New York State in “all indoor public places unless businesses or venues implement a vaccine requirement.” On Friday, December 10, 2021, the State issued guidance on the measure, clarifying the following key points: Definition of indoor public place – An indoor public place is … Continue Reading

Federal contractor vaccine mandate temporarily halted nationwide

On December 7, 2021, a federal court in Georgia issued a nationwide injunction prohibiting the federal government from enforcing Executive Order 14042 – the vaccine mandate for federal contractors and subcontractors. The federal contractor mandate applies to roughly one-quarter of the U.S. workforce and affects companies that do business with the federal government. The States … Continue Reading

BREAKING: NYC to mandate vaccinations for all private-sector workers

Earlier today, New York City Mayor Bill de Blasio announced that, effective December 27, 2021 and as part of an expansion of the city’s “Key to NYC” program, all private-sector employers in the Big Apple will be required to adopt a mandatory COVID-19 vaccination policy for their employees. The expanded program will also include additional … Continue Reading

OSHA COVID-19 rule: Sixth Circuit case status update

On November 16, 2021, the Sixth Circuit was selected via a lottery to hear the consolidated challenges made against the recent OSHA Emergency Temporary Standard (the ETS). As background, on November 5, 2021, OSHA published the ETS that would require most private employers with 100 or more employees to establish either (1) a mandatory vaccination … Continue Reading
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