New York State has updated its guidance on the new rules under the New York State Human Rights Law (“NYSHRL”) regarding discrimination, harassment, and retaliation claims. In particular, the Frequently Asked Questions...more
11/15/2019
/ Confidentiality Agreements ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
New Guidance ,
Non-Disclosure Agreement ,
NYSHRL ,
Sexual Harassment ,
State Labor Laws
The New York City Commission on Human Rights (“the Commission”) published a legal enforcement guidance (“Guidance”) clarifying its standards with respect to discrimination based on actual or perceived immigration status and...more
10/31/2019
/ Adverse Employment Action ,
Commission on Human Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Guidance ,
Hiring & Firing ,
Immigration Status Discrimination ,
Independent Contractors ,
Job Applicants ,
National Origin Discrimination ,
NYCHRL ,
State and Local Government ,
State Labor Laws
In 2017 and 2018, Illinois lawmakers tried twice to close the gender pay gap by prohibiting employers from seeking information about an applicant’s salary history and expanding existing pay equity protections. Both attempts...more
9/30/2019
/ Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Governor Pritzker ,
Governor Rauner ,
Hiring & Firing ,
New Legislation ,
Pay Equity Laws ,
State Labor Laws ,
Wage and Hour
California recently enacted an emergency amendment (SB 778) to California Government Code Section 12950.1, extending the deadline for California employers to comply with the state’s new anti-harassment training mandate. Under...more
On August 9, 2019, Illinois Governor J.B. Pritzker signed into law a sweeping piece of legislation, SB 75, enacted as Public Act 101-0221 (“SB 75”). Among other measures, SB 75 (i) imposes a sexual harassment training...more
8/19/2019
/ Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Disclosure Requirements ,
Domestic Violence ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Governor Pritzker ,
Hospitality Industry ,
New Legislation ,
Non-Disclosure Agreement ,
Sexual Harassment ,
State Labor Laws
After a prolonged legal battle that began in 2015, Pittsburgh’s Paid Sick Days Act (“Act”) will soon become effective. Opponents of the Act had successfully challenged it in the lower courts, which found that the City of...more
On August 12, 2019, Governor Andrew Cuomo signed Assembly Bill A8421 / Senate Bill 6577 (“Law”), which, as we previously reported, contains sweeping changes to New York State’s Human Rights Law (“HRL”). Below is an updated...more
8/15/2019
/ Anti-Harassment Policies ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Governor Cuomo ,
Mandatory Arbitration Clauses ,
New Legislation ,
Non-Disclosure Agreement ,
NYHRL ,
Sexual Harassment ,
State Labor Laws
The Texas Workforce Commission (“TWC”), the agency responsible for administering unemployment benefits and assessing unemployment taxes, recently adopted a rule (“Rule”) pursuant to which certain workers who provide services...more
7/22/2019
/ ABC Test ,
Department of Labor (DOL) ,
Digital Marketplace ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
NLRA ,
NLRB ,
State Labor Laws ,
Texas ,
Unemployment Insurance ,
Wage and Hour ,
Websites
On June 13, 2019, Nevada Governor Steve Sisolak signed SB 312 (“Law”), which imposes new paid leave requirements on certain employers. Under the Law, Nevada employers with 50 or more employees in the state will be required to...more
7/17/2019
/ Employee Benefits ,
Employee Rights ,
Employer Mandates ,
Governor Sisolak ,
Hiring & Firing ,
Labor Commissioners ,
Local Ordinance ,
New Legislation ,
Paid Leave ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
On the heels of passing sweeping changes to New York’s harassment and discrimination laws, the state legislature has approved major changes to New York’s pay equity statute. This two-pronged expansion of the equal pay law...more
7/9/2019
/ Employee Training ,
Employer Liability Issues ,
Equal Pay ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
NYCHRL ,
Pay Equity Laws ,
Protected Class ,
Salary/Wage History ,
State Labor Laws ,
State Legislatures ,
Wage and Hour
On June 18, 2019, Connecticut Governor Ned Lamont signed into law “An Act Combatting Sexual Assault and Sexual Harassment” (“Act”),[1] which includes a number of significant changes to not only Connecticut’s sexual harassment...more
On April 24, 2019, Dallas became the latest and third Texas city to pass an Ordinance (“Law”) requiring private employers to provide paid sick leave to their employees. The Law is scheduled to take effect on August 1, 2019,...more
6/11/2019
/ Collective Bargaining Agreements (CBA) ,
Earned Sick Time ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Local Ordinance ,
Notice Requirements ,
Paid Leave ,
Paid Time Off (PTO) ,
Recordkeeping Requirements ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
On May 28, 2019, Maine Governor Janet Mills signed “An Act Authorizing Earned Employee Leave” (“Law”), which requires private employers to provide paid leave to their employees. Scheduled to take effect on January 1, 2021,...more
6/6/2019
/ Collective Bargaining Agreements (CBA) ,
Employee Benefits ,
Employer Liability Issues ,
Exceptions ,
Governor Mills ,
Labor Law Violations ,
New Legislation ,
Notice Requirements ,
Paid Leave ,
Paid Time Off (PTO) ,
State Labor Laws ,
Wage and Hour
On April 23, 2019, the Board of Legislators of Westchester County, New York, adopted a new paid leave benefit for most employees in the county. Beginning October 30, 2019, the Safe Time Leave Law (“Law” or “Ordinance”) will...more
5/17/2019
/ Covered Employees ,
Earned Sick Time ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Human Trafficking ,
Local Ordinance ,
Paid Leave ,
Paid Time Off (PTO) ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
On March 29, 2019, the Massachusetts Department of Family and Medical Leave (“DFML”) published updated regulations (“Updated Regulations”) to the Massachusetts Paid Family and Medical Leave (“PFML”) law. Additionally, the...more
4/30/2019
/ Covered Employer ,
Covered Entities ,
Employer Contributions ,
Employer Liability Issues ,
Employment Policies ,
Filing Requirements ,
Medical Leave ,
Notice Requirements ,
Paid Family Leave Law ,
Paid Leave ,
Proposed Regulation ,
State Labor Laws ,
Wage and Hour
Westchester County, New York’s Earned Sick Leave Law (“ESLL” or “Law”) went into effect on April 10, 2019. To assist employers with implementing their obligations under the Law, and advise employees of their rights, the...more
4/17/2019
/ Anti-Retaliation Provisions ,
Earned Sick Time ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Local Ordinance ,
Notice Requirements ,
Paid Leave ,
Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Workplace Communication
As we previously reported, effective March 17, 2019, employers with four or more employees in New York City must provide employees with break time and a private space to express milk, unless doing so would cause undue...more
The New York State Department of Labor (“NYSDOL”) recently announced that it would no longer pursue employee scheduling regulations concerning “call-in” (or “on-call”) pay and other so-called predictive scheduling matters. As...more
3/11/2019
/ Fair Workweek ,
Labor Regulations ,
NYDOL ,
On-Call Employees ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
The Illinois State Legislature expanded the Illinois Wage Payment and Collection Act to include a new section (820 Illinois Compiled Statues 115/9.5) (“Amendment”) that now requires every Illinois employer to reimburse an...more
Recent headlines have highlighted changes occurring in the workforce. Generation Z will be entering the workforce in the new year, marking five generations working side by side. Therefore, as 2019 approaches, it will be...more
12/28/2018
/ #MeToo ,
Bias ,
Corporate Culture ,
Decriminalization of Marijuana ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Gender Discrimination ,
Gender Identity ,
Hostile Environment ,
NYCHRL ,
Pay Equity Laws ,
Sexual Harassment ,
State Labor Laws
Effective next Tuesday, October 9, 2018, New York employers must adopt and issue to current employees an anti-sexual harassment policy that complies with the requirements set forth in Section 201-g of the New York State Labor...more
OOn October 1, 2018, New York State released its final sexual harassment guidance and resources, including (i) a model sexual harassment policy, (ii) model training materials, (iii) a model complaint form, and (iv) Frequently...more
On November 22, 2017, the New York State Department of Labor (“NYSDOL”) published proposed call-in pay regulations (“Proposed Regulations”) in the New York State Register. The Proposed Regulations are subject to a 45-day...more