As we previously reported, the Massachusetts Department of Family and Medical Leave (“DFML” or the “Department”) continues to provide guidance as it rolls out the state’s Paid Family and Medical Leave program (“PFML” or the...more
Along with a host of other laws across the country, Colorado’s Equal Pay for Equal Work Act (“Act”) went into effect on January 1, 2021. Among other measures, the Act requires all employers—located anywhere in the United...more
2/10/2021
/ Colorado ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
State and Local Government ,
Wage and Hour
While state legislatures focused much-needed attention on pandemic-related legislation throughout most of 2020, many continued to alter their employment laws in significant ways, or simply had previously passed laws scheduled...more
1/27/2021
/ Ban the Box ,
Chief Compliance Officers ,
Compliance ,
Corporate Counsel ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Policies ,
Foreign Corrupt Practices Act (FCPA) ,
Gender Identity ,
Independent Contractors ,
Marijuana ,
Paid Leave ,
Paid Time Off (PTO) ,
Popular ,
State and Local Government
On January 14, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”) issued a Commission Opinion Letter concluding that the group termination program disclosures mandated by the Age Discrimination in...more
As many employers approach their one-year anniversary of working from home, it is obvious that the COVID-19 pandemic has permanently changed both how and where we work. By 2025, an estimated 36.2 million Americans will be...more
With January 1, 2021, quickly approaching, the Massachusetts Department of Family and Medical Leave (“DFML”) has released important updates for the commencement of leave benefits under the Massachusetts Paid Family and...more
New York State has issued guidance in the form of Frequently Asked Questions (“FAQs”) regarding the State’s Paid Sick Leave Law (“PSLL”), which became effective on September 30, 2020. As we previously reported, the PSLL...more
As has been true for so many issues arising from the COVID-19 pandemic, growing concerns about safely voting in the 2020 elections are beginning to permeate the workplace, prompting employers nationwide to create or revise...more
In response to a lawsuit brought by New York State (“State”), the U.S. District Court for the Southern District of New York has invalidated four provisions of the U.S. Department of Labor’s (“DOL”) Final Rule (“Rule”)...more
8/17/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Health and Safety ,
Infectious Diseases ,
Paid Leave ,
Public Health ,
Sick Leave ,
Wage and Hour ,
Workplace Safety
On July 20, 2020, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor (“DOL”) published new guidance for businesses reopening amid the COVID-19 pandemic. ...more
7/27/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Re-Opening Guidelines ,
Sick Leave ,
Wage and Hour
On June 17, 2020, the Equal Employment Opportunity Commission (the “EEOC” or “the Commission”) again updated its COVID-19-related technical assistance for employers (“Guidance”). ...more
6/23/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Screening Procedures ,
Virus Testing ,
Workplace Safety
With regulators and lawmakers struggling to address the new wave of issues arising from employers reopening and bringing employees back to their workplaces, the U.S. Equal Employment Opportunity Commission (“EEOC” or...more
Continuing New York State’s four-phased plan for reopening nonessential businesses and expanding essential businesses in the state (“New York Forward” or “NYF”), New York has released summary and detailed guidelines...more
Following New York State’s four-phased guidance for reopening nonessential businesses and expanding essential businesses in the state (“New York Forward” or “NYF”), New York City begins Phase One of NYF on June 8, 2020. In...more
6/9/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
New York ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Screening Procedures ,
Social Distancing ,
Virus Testing ,
Workplace Decontamination ,
Workplace Safety
As we previously reported, New York’s plan to reopen, “New York Forward” (“NYF” or “Plan”), authorizes a gradual reopening of nonessential businesses. On May 29, 2020, the state initiated Phase Two of the Plan for those...more
6/4/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Screening Procedures ,
Social Distancing ,
Virus Testing ,
Workplace Decontamination ,
Workplace Safety
On May 29, 2020, New York State issued guidance documents for the industries in Phase Two, as a part of the New York Forward Plan (“Plan”)....more
Though it may feel like an eternity to many residents and employers in the state, New York has gone from a shutdown of all but essential businesses to initiating an economic reopening in the span of roughly two months. “New...more
5/29/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Screening Procedures ,
Social Distancing ,
Virus Testing ,
Workplace Decontamination ,
Workplace Safety
Effective August 25, 2020, Suffolk County, New York, will become the state’s fifth locality to enact a “ban the box” law. Similar to measures adopted by Buffalo, Rochester, and Westchester County, Suffolk County’s Fair...more
On May 5, 2020, and again on May 7, the Equal Employment Opportunity Commission (the “EEOC”) updated its technical assistance for employers, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other...more
On the heels of adding Return to Work guidance to its technical assistance for employers, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Law” ...more
On April 17, 2020, the Equal Employment Opportunity Commission (“EEOC”) once again updated its technical assistance for employers, titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO...more
Since releasing our Advisory on January 30, 2020, there have been significant developments in connection with the 2019 Novel Coronavirus (“COVID-19” or “Coronavirus”). For example, on February 25, 2020, the U.S. Centers for...more
3/2/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Infectious Diseases ,
Interim Guidance ,
OSHA ,
Presidential Proclamations ,
Public Accommodation ,
Public Health ,
Traveling Employee ,
World Health Organization
On February 6, 2020, the U.S. Court of Appeals for the Third Circuit upheld the Philadelphia Wage Equity Ordinance (“Ordinance”) by reactivating the Ordinance’s prohibition on employer inquiries into an applicant’s salary...more
It’s #WorkforceWednesday! We invite you to watch the week’s top workforce management and employment law news, and read about the most significant developments impacting employers.
Coronavirus Outbreak: A Balancing Act for...more
An amendment to the New York City Human Rights Law (“NYCHRL”) that expands “employment” protections for freelancers and independent contractors (“Law”) became effective January 11, 2020. The New York City Commission on Human...more
2/10/2020
/ Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
NYCCHR ,
NYCHRL ,
Reasonable Accommodation ,
Sexual Harassment