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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

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

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

BREAKING: New York State reinstates indoor mask mandate

Just a short while ago, New York State Governor Kathy Hochul announced that, effective December 13, 2021, masks will be required to be worn in “all indoor public places unless businesses or venues implement a vaccine requirement.” This means that, for any business that does not have a proof of vaccination requirement in place, all … Continue Reading

Employers subject to OSHA ETS must be mindful of OSH Act whistleblower protections

Under the Occupational Safety and Health Act (OSH Act or the Act), employees who raise concerns regarding safety or health in the workplace are protected against retaliation from their employer. With the publication of the Occupational Safety and Health Administration’s (OSHA’s) emergency temporary standard (ETS), employers should be mindful that the Act’s whistleblower protections extend … Continue Reading

New York confirms that paid leave for COVID-19 vaccination may be used for booster shots

As we previously reported, earlier this year New York lawmakers passed a law requiring that all Empire State employers provide their employees with up to four hours of paid time off to receive the COVID-19 vaccine. Shortly thereafter, the New York State Department of Labor (NYSDOL) published guidance on the measure, clarifying that: (i) the … Continue Reading

California employment law legislative updates: What’s new in the Golden State

It’s that time of the year again! The deadline for California Governor Gavin Newsom to sign, approve without signing, or veto bills on his desk was October 10, 2021. Now that the dust has settled, we have compiled a comprehensive list of bills signed by the governor that will impact employers. We also highlight bills that … Continue Reading

Vaccination requirements have arrived for all federal and many state employees and health care workers

Recently, we posted about President Biden’s COVID-19 Action Plan, “Path out of the Pandemic” (the Memo). To recap: the Memo instructs OSHA to develop and issue an Emergency Temporary Standard (ETS) to require all employers with 100+ employees to ensure their workers are vaccinated against COVID-19 or to require them to submit to weekly testing … Continue Reading

Ninth Circuit rules to lift preliminary injunction on California’s ban on mandatory employee arbitration agreements

A split Ninth Circuit panel vacated a 2020 preliminary injunction that blocked the enforcement of California’s A.B. 51, which prohibits mandatory arbitration clauses in employment contracts. If the majority decision stands, it will mean that California employers can no longer require their employees or new hires to sign arbitration agreements (among other types of waivers) … Continue Reading

Overview of several new workplace laws Texas employers should know about following the recent legislative sessions

The Texas Legislature has been quite busy over the most recent regular and two specially-called legislative sessions. It adjourned its second specially-called legislative session on September 2, 2021. Additional bills may be enacted into law if and when Governor Greg Abbott calls a third special session. So far, Governor Abbott has signed into law several … Continue Reading

It continues: Virginia updates its permanent COVID-19 workplace safety standard

On August 26, 2021, the Virginia Department of Labor and Industry’s (DOLI’s) Safety and Health Codes Board (Board) voted 8 to 5 to update and continue its COVID-19 permanent workplace safety standard. That vote came despite the fact that the bulk of COVID-19 business requirements issued by Virginia Governor Ralph Northam ended on May 31 … Continue Reading

Biden announces major COVID-19 vaccine requirements for employers

On Thursday, September 9, 2021, President Biden issued a memorandum, “Path Out of the Pandemic” (the Memo), announcing a six-pronged national strategy to combat COVID-19. Among other things, President Biden has ordered the Department of Labor’s Occupational Safety and Health Administration (OSHA) to develop and issue an Emergency Temporary Standard (ETS) to require all employers … Continue Reading

FAQs on US employee privacy issues related to the COVID-19 vaccine

In addition to the issue of mandated COVID-19 vaccine policies, employers must also manage the related privacy risks. Below are some of the frequently asked questions surrounding the issues of employee privacy as it relates to the COVID-19 vaccine. We also have a downloadable version of our privacy FAQs. Question: Does it matter what type … Continue Reading

To mandate or not? FAQs on mandatory vaccine programs for employers

Late last year, the U.S. Food and Drug Administration (the FDA) issued the first approvals for a COVID-19 vaccine. Shortly thereafter, the U.S. Equal Employment Opportunity Commission (the EEOC) issued guidance on the interplay between federal anti-discrimination law and vaccine-related issues, including the permissibility of mandatory employer vaccination policies. The below FAQs address some of … Continue Reading

What’s all this talk about federal regulation of non-compete agreements?

On July 9, 2021, the Biden Administration issued a sweeping Executive Order called Promoting Competition in the American Economy (Order). Although it does not immediately change the current legal landscape governing non-compete agreements (or any other aspects of U.S. antitrust enforcement), the Order encourages the Federal Trade Commission (FTC) to “curtail the unfair use of … Continue Reading
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