Archives: Workplace Laws and Regulations

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Pennsylvania now permits medical marijuana use for anxiety and Tourette Syndrome

On July 20, 2019, Pennsylvania expanded its list of 17 “serious medical conditions” that qualify for medical marijuana usage under the Pennsylvania Medical Marijuana Act (MMA) to now include anxiety and Tourette Syndrome. Previously, the MMA limited access to designated ailments like cancer, multiple sclerosis, post-traumatic stress disorder and inflammatory bowel disease, and terminal illnesses … Continue Reading

New York and California ban discrimination against natural hair

On July 3, California became the first state to pass legislation that bans discrimination based on natural hairstyles. Governor Gavin Newsom signed into law the CROWN Act (Create a Respectful and Open Workplace for Natural Hair). The CROWN Act amends the state’s Government Code and Education Code to define “race or ethnicity” as “inclusive of … Continue Reading

Pittsburgh employers: Immediately review your policies concerning the new Paid Sick Days Act

In 2015, the City of Pittsburgh enacted the Paid Sick Days Act (the “Act”), requiring all private employers of full or part-time employees within the City of Pittsburgh to provide paid sick leave benefits as follows: Employers with 15 or more employees must provide workers with up to 40 hours of paid sick time per … Continue Reading

Positive news for employers wishing to enforce post-termination restrictions

In an eagerly awaited decision, the Supreme Court gave its judgment on the meaning of wording commonly used in non-compete post-termination restrictions and the possibility of severing such wording where it would otherwise render such a restriction unenforceable. Background Ms Tillman was the Joint Global Head of Financial Services of executive search and recruitment firm … Continue Reading

New York Lawmakers Upend the Employment Law Landscape…Again (Part 5)

Today is the last in a five-part blog series on New York’s sweeping changes to the legal landscape for Empire State employers. In prior posts, we covered limitations on the use of nondisclosure provisions in settlement and separation agreements, the new standards for litigating and defending harassment claims, expanded equal pay protections, and the statewide … Continue Reading

Loss of holiday entitlement – higher hurdles for employers if they want to ensure that employees lose the right to claim outstanding holiday entitlement at the end of the calendar year

The German Federal Leave Act (Bundesurlaubsgesetz) provides that employees forfeit the right to claim outstanding holiday entitlement at the end of the calendar year or at the end of a specific transfer period; in other words, all holiday must be granted and taken beforehand. Under previous case law, this did even apply in the event … Continue Reading

New York Lawmakers Upend the Employment Law Landscape…Again (Part 4)

Today is the fourth in a five-part blog series on New York’s sweeping changes to the legal landscape for Empire State employers. In prior posts, we covered limitations on the use of nondisclosure provisions in settlement and separation agreements, the new standards for litigating and defending harassment claims, and expanded equal pay protections. Today, we … Continue Reading

New York Lawmakers Upend the Employment Law Landscape…Again (Part 3)

Today is the third in a five-part blog series on New York’s sweeping changes to the legal landscape for Empire State employers. In prior posts, we covered limitations on the use of nondisclosure provisions in settlement and separation agreements and the new standards for litigating and defending harassment claims. Today, we will cover the expansion … Continue Reading

Recording working time: do changes lie ahead?

The European Court of Justice (ECJ) has recently decided that the Working Time Directive (WTD) imposes an obligation on employers in all EU member states to record all working time, not just excess hours or overtime. This marks a significant departure from standard practice and may mean that employers will, in future, be required to … Continue Reading

New York Lawmakers Upend the Employment Law Landscape…Again (Part 2)

This is the second in a series of blog posts concerning a suite of legislation passed last week by New York State legislators. Yesterday, we discussed a Bill that will change how nondisclosure provisions are used in the context of settlement and separation agreements. Today, we look at a series of measures that will change … Continue Reading

New York Lawmakers Upend the Employment Law Landscape…Again (Part 1)

Late last week, New York legislators passed a series of sweeping changes to the state’s employment laws. These drastic changes come on the heels of landmark legislation enacted just last year – in April 2018 – aimed at curbing workplace sexual harassment. This year’s laws, which are in part a further response to the #MeToo … Continue Reading

Court of Appeal: holiday pay must include regular voluntary overtime

Does pay for regular voluntary overtime need to be included in the calculation of holiday pay? Yes, says the Court of Appeal in a decision which confirms several prior Employment Appeal Tribunal (EAT) decisions that the entitlement to holiday pay under the Working Time Directive (WTD) must include pay for regular voluntary overtime. As we … Continue Reading

New marijuana laws and court cases continue to provide inconsistent guidance for employers: a summary of recent developments in Illinois, Nevada, New Jersey and Michigan

Over the past few years, 31 states have legalized some form of medical or recreational marijuana use and this wave of legalization continues to grow. Since there has been no consistent approach taken related to the intersection of legalized use and employment, employers must stay vigilant about recent developments in each location in which they … Continue Reading

Paid sick leave to take effect soon for employers in three cities in the Lone Star State

Employers in three major cities in the Lone Star State should begin preparing for compliance with paid sick leave ordinances. Joining a number of other states and cities to have enacted paid sick leave laws, the cities of San Antonio, Austin, and Dallas passed ordinances requiring private employers to provide employees with paid sick leave. … Continue Reading

Texas Legislature takes aim at Anti-SLAPP challenges

The Texas Citizens Participation Act, Tex. Civ. Prac. & Rem. Code §§ 27.001 et seq. (the TCPA), Texas’ anti-SLAPP statute, is likely to receive a much needed overhaul after the Texas Senate unanimously passed H.B. 2730 on May 17, 2019. If the Texas governor signs it into law, as expected based on the bill’s broad … Continue Reading

Don’t Fuggedaboutit: Keeping up with the ever-changing New York State and City employment law landscape

New York State and City legislators have enacted a flurry of new workplace-related regulations in the past few years. The new laws touch upon everything from high-profile issues like sexual harassment prevention and paid family leave, to seemingly more mundane matters like paid time off to vote. With this bustle of legislative activity, it is … Continue Reading

Promising news for companies in the transportation industry

Companies in the transportation industry with operations in California have some positive news to celebrate. On May 3, 2019, in Anthony Ayala v. U.S. Xpress Enterprises, Inc., et al., the Central District of California granted partial summary judgment and dismissed a truck driver’s meal and rest period claims, finding that they were preempted by the … Continue Reading

EEOC updates its guidance on employers’ duty to report EEO-1 pay data by September 30, 2019

The EEO-1 Report is a compliance survey mandated by federal law. Generally, employers with 100 or more employees and federal government prime contractors and first-tier subcontractors with 50 or more employees and federal contracts worth at least $50,000 are required to submit EEO-1 Reports to the U.S. Equal Employment Opportunity Commission (EEOC) annually. A brief … Continue Reading

9th Circuit to consider whether the FAAAA preempts California’s ABC test for independent contractor truck drivers

California companies have been required to reconsider their use of independent contractors since the state’s Supreme Court outlined the new ABC test in Dynamex Operations West, Inc. v. Superior Court. Unlike the prior Borello test, which involved the balancing of numerous factors, the ABC test requires that a company establish all of the following: (A) … Continue Reading

Attention employers: Westchester’s earned sick leave law is now in effect

Effective April 10, 2019, certain employers must comply with Westchester County’s Earned Sick Leave Law (WESLL). Westchester County’s Human Rights Commission recently released additional guidance about the new law, which can be found here. Eligibility, accrual and carryover Generally, under the law, full- and part-time Westchester County employees who work 80 hours or more during … Continue Reading

New York City Council gives the green light to a ban on marijuana testing for job applicants

On April 9, 2019, New York City Council passed a bill amending the New York City Human Rights Law (NYCHRL), to bar NYC employers from testing prospective employees for marijuana use. The Bill comes in the wake of the City’s efforts to reduce the legal consequences of marijuana use, including reducing arrests and prosecutions for … Continue Reading

New York provides employees with additional hour of paid time off to vote

Though the business community might not have had a vote in it, New York legislators have amended the State’s election laws to provide employees with an additional hour of paid time off to vote on election days. Until recently, New York law required employers to provide workers with up to two hours of paid time … Continue Reading

Are non-NYC employees subject to the City’s new sexual harassment prevention training law?

By now, our readers are aware that New York State and City law require annual workplace sexual harassment prevention training. The State law requiring such training took effect last October, and mandates that employers complete the initial training by October 9, 2019. The separate City law became effective just a few weeks ago, on April … Continue Reading

Tell everybody: Confidentiality clauses may violate employees’ section 7 rights

In a recent decision issued on March 21, 2019, an administrative law judge (ALJ) held that confidentiality clauses in arbitration agreements violate the National Labor Relations Act (the Act). Specifically, the ALJ held that such provisions run afoul of section 8(a)(1) of the Act, and unlawfully require a waiver of employees’ rights under section 7 … Continue Reading
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