Law and the Workplace

Category Archives: Workplace Policies and Procedures

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New EEO-1 Form Put On Hold: Employers Have Until March 31, 2018 To Submit Prior Version Of EEO-1 Form

EEOC sealKey Points: The OMB has stayed the implementation of the new EEO-1 Form, which added compensation and hours worked components to the annual EEO-1 submission OMB’s decision was based in part on concerns about burdens the new form would place on employers and the questionable utility of the new information requirements Employers who must submit … Continue Reading

Illinois Passes Religious Garb Law Clarifying Religious Protections Under Illinois Human Rights Law

On August 11, 2017, Illinois Governor Bruce Rauner signed into law Public Act 100-100, known as the “Religious Garb Law.”  The law amends the Illinois Human Rights Act (“IHRA”) by clarifying the scope of protection for sincerely held religious beliefs. Specifically, the amendment makes clear that it is a violation of the IHRA for an … Continue Reading

Top Five Proactive Ways for Start-Ups to Avoid HR Nightmares

Unless you’ve been under a rock, the fact that many start-ups have recently found themselves on the wrong side of the litigation or threatened litigation “v.” should not surprise you. In fact, it is often the very things that make start-ups so appealing – their laid back culture, open floor plans, no dress code, lack … Continue Reading

What Is Going On With The Revised EEO-1 Form?  Acting EEOC Chair Provides Insight Into Its Status

EEOC sealAs loyal readers of our blog are aware, in February 2016, the EEOC released a rule to amend the Form EEO-1.  The new rule requires private employers (including federal contractors) with 100 or more employees to submit pay data with their EEO-1 reports.  Employers with fewer than 100 employees will still not need to file … Continue Reading

Massachusetts Pregnant Workers Fairness Act Becomes Law

On July 27, 2017 Massachusetts Governor Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act (“MPWFA”), a bill which had unanimously passed in both the House and Senate. As discussed previously, the MPWFA (formerly H. 3816) ensures that pregnant workers or workers with pregnancy-related conditions (such as nursing) receive reasonable accommodations and protection … Continue Reading

U.S. House Committee on Appropriations Votes to Defund Revised Form EEO-1 Requiring Disclosure of Pay Data

EEOC sealOn July 13, 2017, the House Committee on Appropriations signaled what could be a devastating blow to the future of the Equal Employment Opportunity Commission’s (“EEOC”) revised Form EEO-1.  As you may recall, in February 2016, the EEOC released a rule – which was later revised – to amend the Form EEO-1.  The new rule … Continue Reading

Oregon Expands Pay Equity Protections

Oregon recently enacted the Oregon Equal Pay Act of 2017 (H.B. 2005) (the “Act”). The Act broadly expands Oregon’s existing equal pay protections and imposes new restrictions on Oregon employers’ use of salary histories in recruiting employees and setting compensation. Key Elements of the Act: Currently, Oregon requires only equal pay between “the sexes.” Under … Continue Reading

Massachusetts Senate Passes Pregnant Workers Fairness Act

The Massachusetts Senate has unanimously voted to pass “An Act Establishing the Massachusetts Pregnant Workers Fairness Act” (“MPWFA”) in an effort to make sure that pregnant and nursing employees receive the same protections under Mass. Gen. Laws Chapter 151B as do other protected classes of employees. The bill, which had previously unanimously passed in the … Continue Reading

Mayor Signs Into Law New York City Bill Restricting Employer Inquiries Into Applicants’ Salary History

New York City Mayor Bill de Blasio has signed into law a bill that will make it unlawful for employers to inquire into or rely upon job applicants’ wage history during the hiring process, with limited exception.  The law will take effect on October 31, 2017. As we previously reported, the law prohibits employers, employment … Continue Reading

Philadelphia Delays Implementation of Ordinance Restricting Employer Inquiries Into Applicants’ Salary History Following Legal Challenge

Philadelphia has indefinitely delayed implementation of its new ordinance that that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process. As we previously reported, the law was scheduled to take effect on May 23, 2017.  However, on April 6, 2017, the Chamber of Commerce for Greater Philadelphia … Continue Reading

Maryland General Assembly Sends Paid Sick Leave Law To Governor

On April 5, 2017, the Maryland General Assembly passed the Maryland Healthy Working Families Act (the “Act”) which, if approved by Governor Larry Hogan, would require employers with 15 or more employees to provide their employees with 40 hours of paid sick and safe leave annually beginning on January 1, 2018. Smaller employers, i.e., those … Continue Reading

NOW IN EFFECT: D.C. Law Restricts Employers From Making Credit Check Inquiries

On April 7, 2017, the D.C. Fair Credit in Employment Amendment Act of 2016 (the “Act”) (L21-0256) took effect as Congress’s review period expired. As we have previously reported (here and here), the Act amends the D.C. Human Rights Act to prohibit employers from discriminating against job applicants and current employees based on their credit … Continue Reading

New York City Council Approves Bill Restricting Employer Inquiries Into Applicants’ Salary History

The New York City Council has approved a bill that would make it unlawful for employers to inquire into or rely upon job applicants’ wage history during the hiring process, with limited exception.  The bill now goes before Mayor Bill de Blasio and, if signed, will become effective 180 days following signature. As we previously … Continue Reading

D.C. Universal Paid Family Leave Bill Submitted To Congress, But Changes Are Still Possible

The D.C. Universal Paid Leave Amendment Act of 2016 (the “Act”) has been submitted to Congress for a 30-legislative-day period of review. Presuming that the Act does not get overturned by Congress and the President, it is projected to become law on April 7, 2017. As we previously reported (here and here), the Act provides … Continue Reading

D.C. Mayor Signs Bill Restricting Employers From Making Credit Check Inquiries

On February 15, 2017, Mayor Muriel Bowser signed the Fair Credit in Employment Amendment Act of 2016 (the “Act”). As previously reported, the Act, if it becomes law, will amend the D.C. Human Rights Act to prohibit employers from discriminating against job applicants and current employees based on their credit information. The Act will now … Continue Reading

D.C. Fair Credit in Employment Amendment Act Sent To Mayor For Approval

On December 20, 2016, the District of Columbia Council passed the Fair Credit in Employment Amendment Act of 2016 (B21-0244) (the “Act”) which, if enacted, would amend the D.C. Human Rights Act of 1977 to prohibit employers from discriminating against job applicants and current employees based on their credit information.  On February 2, 2017, the … Continue Reading

Montgomery County Minimum Wage Increase Vetoed

Yesterday (January 23, 2017), Montgomery County Executive Isiah Leggett vetoed legislation that the Montgomery County Council approved last week that would have increased the County’s minimum wage to $15 per hour by 2020. In our previous analysis of this development, we noted that such a veto was possible.  Despite the veto, the prospect of an … Continue Reading

Philadelphia The Latest To Restrict Employer Inquiries Into Applicants’ Salary History

Job ApplicationThe City of Philadelphia has passed an ordinance that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process.  The law, which amends the city’s current Fair Practices Ordinance, will take effect on May 23, 2017. The ordinance states that—absent a federal, state, or local law specifically authorizing the … Continue Reading

Montgomery County Council Approves Increase In Minimum Wage to $15 Per Hour

On January 17, 2017, the Montgomery County Council approved legislation that would increase the County’s minimum wage to $15 per hour for employers with 26 or more employees by July 1, 2020, and for all other employers by 2022. The Council approved the bill, Human Rights and Civil Liberties – County Minimum Wage – Annual … Continue Reading

Proskauer’s Value Insights Survey is Now Live

Proskauer’s second Value Insights: Delivering Value in Labor and Employment Law survey is now live and we want to hear from you. Value Insights explores how in-house counsel can maximize the value they provide to their business partners and correspondingly, how they can most effectively partner with outside counsel on managing labor and employment work. … Continue Reading

UPDATED: EEOC Seeks Public Comment on Proposed Enforcement Guidance on Unlawful Harassment

EEOC sealThe EEOC is seeking public comment on proposed enforcement guidance addressing unlawful workplace harassment under the federal anti-discrimination laws enforced by the agency – namely, Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).  … Continue Reading
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