Law and the Workplace

Category Archives: Workplace Policies and Procedures

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EEO-1 Update: More Wait and See

Yesterday, US District Judge Tanya Chutkan held a hearing on the pay data component of the EEO-1 form (“Component 2”). In March, Judge Chutkan lifted the stay on collection of Component 2 data that had been imposed by the Office of Management and Budget, leading to much uncertainty about when employers would be expected to … Continue Reading

New York City Council Passes Bill Limiting Pre-Employment Drug Testing for Marijuana

The New York City Council overwhelmingly passed legislation which would prohibit most City employers from requiring job applicants to submit to drug tests for marijuana use. Specifically, the bill would amend the City’s Fair Chance Act to make it an unlawful discriminatory practice for an employer (including employment agencies and their agents) to require a … Continue Reading

New Updates to Massachusetts Paid Family and Medical Leave: Preparing for July 1st

Clock and calendarPaid Family and Medical Leave is on its way to Massachusetts.  In its latest update, the Commonwealth’s Department of Family and Medical Leave (“DFML”) published proposed regulations on March 29, 2019 for public comment.  After the next round of revisions, the final Paid Family Medical Leave (“PFML”) regulations will become effective July 1, 2019.  The … Continue Reading

Proskauer Unveils Employment Law Toolkit and Hosts #Metoo Panel at HR Transform

On March 26 – 28, 2019, Harris Mufson, Danielle Moss, and Samantha Regenbogen attended the second annual HR Transform conference in Las Vegas, Nevada.  Proskauer was the exclusive legal sponsor of the conference. The HR Transform conference brought together business leaders and HR executives to discuss cutting edge issues regarding human resources and employee workplace … Continue Reading

New York City Releases Model Lactation Room Policies

As we previously reported, pursuant to a recent amendment to the New York City Human Rights Law, covered employers must now develop and implement a written policy regarding the provision of a lactation room, to be distributed to all new employees upon hire.  Among other requirements, the policy must include a statement that employees have … Continue Reading

The Regulation of Employers’ Workplace Violence Prevention Programs Under OSHA’s General Duty Clause

Last week, Gillian had the distinct pleasure of attending the ABA Occupational Safety and Health Law Meeting in sunny and beautiful San Juan, Puerto Rico.  The meeting included more than a dozen presentations and panels on workplace safety put on by management and union lawyers, OSHRC Commissioners, the Solicitor of Labor’s office, safety professionals, administrative … Continue Reading

The Third Circuit Finds No Age Discrimination Related to Virgin Islands Law That Encouraged Long-Tenured Employees to Retire

The Third Circuit recently issued a significant opinion in Bryan v. Government of the Virgin Islands, Case No. 18-1941, 2019 WL 661822 (3rd Cir. February 19, 2019) holding that the Virgin Islands did not violate the Age Discrimination in Employment Act (ADEA) when, in an effort to keep the retirement system solvent, it required employees … Continue Reading

[Podcast]: Can-My-Employees Participate in Political Activities?

In this episode of the “Can My Employees Do That?” series, partner Elise Bloom and associate Michelle Gyves discuss whether employers can lawfully limit an employee’s participation in political activities, protests, and similar activities. We also discuss whether an employer can restrict an employee’s association with groups or publications on social media or elsewhere which espouse ideologies that are at odds … Continue Reading

The NYCCHR Issues New Enforcement Guidance on Appearance and Grooming Policies

On February 19, 2019, the New York City Commission on Human Rights (“NYCCHR”) issued new enforcement guidance on appearance and grooming policies that ban or restrict naturally curly hair, dreadlocks, braids, cornrows and other hairstyles. Such policies constitute a violation of the New York City Human Rights Law (“NYCHRL”) because, according to the City Commission, … Continue Reading

New Jersey’s New Paid Family Leave Law Provides Greater Benefits for Employees

A new bill seeking to expand paid family leave in New Jersey passed the Senate and Assembly on January 31, 2019, and was signed by Governor Phil Murphy today. The bill makes sweeping changes to the New Jersey Family Leave Act that provides greater benefits for more employees. Following are some highlights of the bill: … Continue Reading

[Podcast]: Can My Employees Bring Animals To Work?

In this episode of The Proskauer Brief, partners Harris Mufson and Howard Robbins continue their “Can My Employees Do That?” series.  In this installment, Harris and Howard discuss the legal requirements regarding service animals in the workplace and provide practical advice for employers to address requests by employees to bring service animals to work. Please … Continue Reading

Massachusetts Releases Draft Regulations For Paid Family and Medical Leave Law

Leave of absence formOn January 23, 2019, Massachusetts released draft regulations on the Paid Family and Medical Leave (“PFML”) Law, signed into law last summer (as previously discussed here) and set to begin taking effect this upcoming July.  The Department of Family and Medical Leave released these draft regulations for public comment only, with the deadline for publication … Continue Reading

Seventh Circuit Limits ADEA Protections for Job Applicants

On January 23, 2019, the Seventh Circuit held that the ADEA’s prohibition of disparate impact discrimination do not extend to job applicants. Kleber v. CareFusion Corp., No. 17-cv-1206. In Kleber, a 58-year-old attorney unsuccessfully applied for a General Counsel position within the Company’s law department. The job posting required applicants to have fewer than seven … Continue Reading

Ill. Supreme Court: BIPA Plaintiffs Are Not Required to Show Actual Harm To Have Standing

On January 25, 2019, in a closely watched case, the Illinois Supreme Court ruled that a plaintiff need not allege or demonstrate actual harm to have standing to pursue a claim under the Illinois Biometric Information Privacy Act (“BIPA”).  Rosenbach v. Six Flags Ent. Corp., No. 123186.[1] The Court concluded that technical non-compliance with BIPA … Continue Reading

The Employment Law Landscape in 2019

States across the country have passed new laws addressing sexual harassment, paid family leave, and other labor and employment law issues. As many of these laws will soon become effective, employers should be prepared for the following changes in the legal landscape. Sexual Harassment Laws New York City’s Stop Sexual Harassment Act, effective April 1, … Continue Reading

[Podcast]: Can My Employees Do That?

In this episode of The Proskauer Brief, partners Harris Mufson and Howard Robbins conduct the first part in a series of podcasts entitled, “Can My Employees Do That?” In this installment, Harris and Howard discuss workplace recordings and monitoring workplace emails. Please tune in to hear timely insight regarding these key employment issues. Listen to the podcast.… Continue Reading

New York Paid Family Leave Law: Are You Prepared for 2019?

As we approach the New Year, it is important to keep in mind several updates to the New York Paid Family Leave Law (“NYPFLL”) that will become effective January 1, 2019. As we have previously reported, the NYPFLL provides a phased-in system of paid, job protected leave for eligible employees: (i) to care for a … Continue Reading

2019 Brings Employment Law Changes for Illinois Employers

As 2018 draws to a close, state and local lawmakers in Illinois have been passing legislation that will further regulate a variety of employers’ practices. Here is a look at what Illinois employers can expect in 2019. New Laws Effective January 1, 2019 Employee Reimbursement for Business Expenses – An amendment to the Illinois Wage … Continue Reading

Suffolk County, New York Enacts Salary History Ban

The Suffolk County, NY Legislature has unanimously enacted a bill that will prohibit employers and their agents from inquiring about job applicants’ wage or salary history during the hiring process. The Restricting Information on Salaries and Earnings Act (the “RISE Act”) goes into effect on June 30, 2019. The RISE Act amends the Suffolk County … Continue Reading

Illinois Supreme Court To Decide Scope of BIPA

On November 20, 2018, the Illinois Supreme Court heard oral argument on whether a company’s technical violation of the Illinois Biometric Information Privacy Act (“BIPA”) is sufficient to confer standing or whether a plaintiff must allege actual harm resulted from the violation. Rosenbach v. Six Flags Entertainment Corp. et al., No. 123186. The Court’s forthcoming … Continue Reading

Texas Appellate Court Rules Austin City Paid Sick and Safe Leave Ordinance Unconstitutional

Leave of absence formAs we previously reported, in February 2018, the city of Austin, Texas passed a paid sick and safe leave ordinance (the “Ordinance”) that would have required companies to provide paid sick and safe leave to their employees. The Ordinance obligated companies with 15 or more employees to provide eight days of paid leave, and companies … Continue Reading

Amended Rules Issued Under NYC Earned Safe and Sick Time Act

Leave of absence formIn follow up to recent amendments to the New York City Earned Safe and Sick Time Act (“ESSTA”), the NYC Department of Consumer Affairs Office of Labor Policy and Standards (“OLPS”) has amended its official rules, several of which expand upon currently existing rules regarding ESSTA. The OLPS has also issued an updated ESSTA FAQ … Continue Reading

Westchester County, New York Enacts Paid Sick Leave Law

Leave of absence formWestchester County, NY has become the latest jurisdiction to enact a law providing eligible employees with paid leave for their own medical needs, those of a family member, or other covered reasons. The Ordinance will take effect on March 30, 2019. Covered Employees and Accrual of Sick Leave Similar to the New York City Earned … Continue Reading
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