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EEOC Opinion Letter Limits Agency’s Pattern or Practice Litigation

SUMMARY - The U.S. Equal Employment Opportunity Commission (EEOC) issued a new opinion letter providing a more limited interpretation of its authority to bring pattern or practice cases against employers than it did in...more

Federal Judge Blocks Portions of DOL’s Joint Employer Rule

SUMMARY - On September 8, 2020, a federal judge in New York struck down significant portions of the U.S. Department of Labor (DOL) joint employer rule, which had narrowed the situations in which businesses can be held...more

OSHA Issues COVID-19 Related FAQs

On July 2, 2020, OSHA published a set of Frequently Asked Questions (FAQs) addressing topics related to COVID-19. The FAQs provide links to a number of employer and employee resources related to workplace safety and health...more

COVER-UP! OSHA Publishes New FAQs on Workplace Face Coverings

On June 10, 2020, the Occupational Health and Safety Administration (OSHA) issued guidance to help employers navigate workplace face coverings....more

UPDATED: Pennsylvania Department of Health Secretary Mandates New COVID-19 Workplace Protocols

On April 15, 2020, Governor Tom Wolf announced that Dr. Rachel Levine, under her authority as Pennsylvania Secretary of the Department of Health, signed an Order directing that additional protections be put in place for...more

To WARN or Not to WARN: Layoff Questions and Answers in the Age of COVID-19

Who is covered by WARN? An entity is covered by WARN if it employs 100 or more employees, excluding employees who have worked less than six of the last 12 months and employees who work an average of fewer than 20 hours per...more

OSHA Issues COVID-19 Safety “Alert” for Construction Workers

On April 22, 2020, the Occupational Safety and Health Administration (OSHA) issued safety guidance aimed at reducing construction workers’ risk of exposure to COVID-19. The guidance is available in both English and Spanish...more

New Jersey Amends Its WARN, Family Leave, and Disability Laws to Address COVID-19 Issues

On April 14, 2020, Governor Murphy signed into law a package of bills introduced in the New Jersey State Senate on April 9, in response to the COVID-19 outbreak. ...more

NJ Supreme Court: Employees Can Challenge Termination Decisions Based on Off-Duty Medical Marijuana Use

Last week, the New Jersey Supreme Court ruled that an employee who was fired after revealing that he used medical marijuana outside of work to treat his cancer has a basis to sue for disability discrimination under the New...more

Frequently Asked Questions: Coronavirus (COVID-19) and the Workplace

The World Health Organization (WHO) recently designated Coronavirus (COVID-19) as a global pandemic. Leaders in the international health community are taking action to prevent the spread of COVID-19 and contain the outbreak....more

DOL Seeks to Improve Employers’ FMLA Forms

The Department of Labor (DOL) published a notice seeking comment on proposed revisions to its Wage and Hour Division’s optional-use forms that employers often use to implement the Family and Medical Leave Act (FMLA)....more

Philadelphia's New Minimum Wage Is Now in Effect: Are You Compliant?

Philadelphia’s journey toward a $15-an-hour minimum wage began last week, part of an increasingly common trend in major U.S. cities. Minimum wage in the City of Philadelphia is $13.25 an hour as of July 1. Additionally,...more

FMLA Can and Should Run Concurrently With Paid Leave

The U.S. Department of Labor's Wage and Hour Division (W&H Division) recently issued a new Opinion Letter on an issue that has long-plagued employers under the Family and Medical Leave Act (FMLA)—namely, whether an employer...more

Mayor Kenney Signs Philadelphia Fair Workweek and Minimum Wage Bills Into Law

Philadelphia Mayor Jim Kenney signed two bills last week that provide affected employees in the city with more scheduling certainty and higher wages....more

Philadelphia City Council Passes Fair Workweek Ordinance

Philadelphia City Council voted 14-3 today to pass the "Fair Workweek Employment Standards Ordinance," instituting scheduling and predictability pay requirements for employers in the retail, food services, and hospitality...more

NY State Issues Guidance to Employers on Sexual Harassment Policy and Training Requirements

New York Governor Andrew Cuomo on August 23, 2018, released for public comment a series of electronic draft materials and guidance as a follow-up to the State's sexual harassment law passed in April 2018. The public comment...more

FTC and DOJ Release Antitrust Guidance for HR Professionals

The Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (DOJ) yesterday jointly issued guidance to human resource professionals and others involved in hiring and compensation decisions. This...more

PA’s Medical Marijuana Act: Challenges for Employers

Pennsylvania became the latest state to legalize medical marijuana when Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act into law last week. The statute, which had bipartisan support, establishes a medical...more

U.S. Supreme Court Weighs in on Labor Department’s Interpretation of Overtime Rules for Mortgage Loan Officers

We know that many of you are aware of the U.S. Supreme Court's decision in Perez v. Mortgage Bankers Association. The Court held that the U.S. Department of Labor was not required to follow notice and comment procedures in...more

Diversity Reports at Two Federal Agencies Offer Glimpse of Regulatory Review under Impending Dodd-Frank Diversity Standards

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), signed by President Obama in 2010 in response to the financial crisis, includes a provision intended to remedy racial and gender discrepancies at...more

CFPB: Industry Should 'Start Now' To Comply with Workplace Diversity and Inclusion Standards

I recently participated in a panel presentation at the MBA Strategic Markets and Diversity Summit in Washington, D.C. Stuart Ishimaru, Director of the Consumer Financial Protection Bureau's Office of Minority and Women...more

CFPB: Industry should “start now” to comply with workplace diversity and inclusion standards

On June 26, 2014, I participated in a panel presentation at the MBA Strategic Markets and Diversity Summit, in Washington, D.C. Stuart Ishimaru, Director of the Consumer Financial Protection Bureau’s Office of Minority and...more

DOL Proposed Rule Raises Minimum Wage to $10.10 for Federal Contractors

The U.S. Department of Labor (DOL) recently issued a proposed rule raising the minimum wage to $10.10 per hour for employees staffing any of four categories of federal contracts. The proposed rule implements an executive...more

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