Law and the Workplace

Category Archives: Workplace Policies and Procedures

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The Employment Law Landscape in 2020

By Evandro Gigante, Arielle E. Kobetz and Tony S. Martinez on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
2019 was a busy year for lawmakers across the nation, underscoring the need for employers to remain apprised of all the new laws that will be taking effect in 2020. Below we summarize some of the significant developments employers should be on the lookout for in the new year. Sexual Harassment and Discrimination Laws On … Continue Reading

New Jersey Becomes the Third State to Prohibit Hairstyle Discrimination

By Harris Mufson and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
New Jersey Governor Phil Murphy signed into law the Create a Respectful and Open Workspace for Natural Hair (“CROWN”) Act, which prohibits employers from discriminating against applicants or employees based upon hairstyle. Effective immediately, the CROWN Act amends the New Jersey Law Against Discrimination to define “race” as inclusive of “traits historically associated with race” … Continue Reading

[Podcast]: California’s Legislative Response to the #MeToo Movement

By Tony Oncidi and Kate Gold on Posted in Discrimination, Harassment and Retaliation, The Proskauer Brief Podcast, Workplace Policies and Procedures
In this episode of The Proskauer Brief, partners Tony Oncidi and Kate Gold discuss California’s most recent legislative response to the #MeToo movement.  These developments include new restrictions on confidentiality and arbitration as well as the extension of the statute of limitations applicable to harassment, discrimination and retaliation claims.  So be sure to tune in as Tony and Kate … Continue Reading

Westchester County, New York Issues Guidance and Mandatory Notices for Safe Time Leave Law

By Allan Bloom, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
As we previously reported, effective October 30, 2019, Westchester County, NY employers are required to provide paid leave to employees who are victims of domestic violence or human trafficking (“safe time”). Leave under the new ordinance will be in addition to paid time off already required to be provided to employees under the Westchester County … Continue Reading

Voting and Other Political Activities: Is Your Workplace Ready for Election Day?

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
Hand dropping ballot into boxAnother Election Day is just around the corner. And with nearly every state having at least one law addressing voting leave and/or other political-related activities, it can be easy to get tripped up in the details. In addition, some states, including New York, have recently updated their employee voting laws. The following is an overview … Continue Reading

The New Workplace: Key Issues Facing In-House Counsel Today

By Elise M. Bloom and Hayley H. Fritchie on Posted in Workplace Policies and Procedures
On September 17, 2019, Labor & Employment partner and member of the Proskauer Executive Committee Elise Bloom moderated “The New Workplace” panel at the Benchmark Women in Litigation NYC Forum where Proskauer was a sponsor. The forum boasts panels of women lawyers discussing the top legal issues facing in-house counsel. On the panel with Elise … Continue Reading

EEOC Will Not Seek to Renew Component 2 (Pay and Hours Data) Requirements for Future EEO-1 Reports

By Guy Brenner, Kate Gold and Mark A. Linscott on Posted in Wage and Hour, Workplace Policies and Procedures
The EEOC announced today, September 12, 2019, that it “is not seeking to renew Component 2 of the EEO-1” in a notice published on the Federal Register. As we have previously reported, Component 2 of the EEO-1 report requires employers with over 100 employees to report its employees’ compensation and hours worked (sorted by pay … Continue Reading

New York State to Require Reasonable Accommodation for Victims of Domestic Violence

By Evandro Gigante, Arielle E. Kobetz and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures
Leave of absence formNew York Governor Andrew Cuomo has signed into law amendments to the New York State Human Rights Law (NYSHRL) that expand protections for employees who are victims of domestic violence.  The amendments will take effect on November 18, 2019. While the NYSHRL has long prohibited discrimination against victims of domestic violence, the amendments expressly state … Continue Reading

Substantial Changes Ahead for Illinois Employers in 2020 Relating to Sexual Harassment Training, Mandatory Arbitration Agreements, and More

By Steven J. Pearlman, Edward Young and Caralyn M. Olie on Posted in Discrimination, Harassment and Retaliation, Litigation and Arbitration, Workplace Policies and Procedures
Seal of the State of IllinoisOn August 9, 2019, Governor Pritzker signed into law Public Act 101-0221 (the “Act”), which enhances protections against workplace sexual harassment and discrimination.  The Act creates new laws and amends several existing ones, including the Illinois Human Rights Act (“IHRA”), as summarized below: NEW LAWS The Workplace Transparency Act (“WTA”).  The Workplace Transparency Act will … Continue Reading

Illinois Enacts Workplace Transparency Act

By Steven J. Pearlman, Edward Young and Caralyn M. Olie on Posted in Hiring/Background Checks, Workplace Policies and Procedures
On August 9, 2019, Illinois Governor Pritzker signed the Workplace Transparency Act (the “Act”) into law.  The Act will apply to all contracts, agreements, clauses, or waivers entered into, modified, or extended on or after January 1, 2020.  Here are the key features with respect to arbitration agreements, employment agreements and separation agreements that Illinois … Continue Reading

New York State Significantly Expands Workplace Anti-Discrimination Protections

By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
On August 12, 2019, Governor Andrew Cuomo signed into law significant expansions to workplace anti-discrimination protections in New York State. As we previously reported in detail, the new legislation includes numerous measures regarding discrimination and harassment in all forms (not just sexual harassment) in the workplace.  The signing of the bill triggers the countdown to … Continue Reading

New Guidance on EEO-1 Component 2 Data Submissions For Companies Involved in Corporate Transactions

By Guy Brenner, Kate Gold and Jordan Simon on Posted in Wage and Hour, Workplace Policies and Procedures
The Equal Employment Opportunity Commission (EEOC) has released additional guidance regarding the new EEO-1 Component 2 data reporting requirements for employers who were involved in mergers, acquisitions and spinoffs in 2017 and 2018. As we previously reported, employers must report their Component 2 pay and hours worked data for calendar years 2017 and 2018 by … Continue Reading

Illinois Bans Salary History Inquiries

By Steven J. Pearlman, Edward Young and Holly Ren Morris on Posted in Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
On July 31, 2019, Illinois Governor J.B. Pritzker signed into law House Bill 834 (the “Bill”), which amends the Illinois Equal Pay Act of 2003 (“IEPA”) to prohibit employers from inquiring into a job applicant’s salary history.  The law becomes effective on September 29, 2019. Prohibition on Salary History Inquiries Illinois’s new ban on salary … Continue Reading

Oregon Enacts Expansive Paid Family and Medical Leave Law

By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
Leave of absence formUPDATE: Governor Kate Brown signed the bill into law on August 9, 2019. Oregon is the latest state to enact a paid family and medical leave law. The law, which will cover all employers with one or more employees working in Oregon, establishes a state-managed insurance program with employers and employees paying into a paid … Continue Reading

Colorado Enacts Laws Regarding Pay Equity, Salary History and Criminal Background Inquiries

By Allan Bloom and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
The Colorado legislature has been quite active in recent weeks, passing several new employment laws, many of which reflect nationwide trends. Among other things, the new laws address discriminatory pay disparities, salary history inquiries and criminal background checks. Pay Disparity Effective January 1, 2021, the Equal Pay for Equal Work Act (the “Act”) will prohibit … Continue Reading

EEOC Posts Forms and Guidance for New EEO-1 Reporting Requirements

By Guy Brenner, Kate Gold and Jordan Simon on Posted in Wage and Hour, Workplace Policies and Procedures
In an effort to assist employers, the EEOC has posted guidance and sample forms for the new EEO-1 Component 2 Compensation Data reporting requirements on its website. The new materials provide useful information for employers to comply with the new reporting requirement. As we have previously reported, employers must now report employee pay data and … Continue Reading

Nevada Enacts Laws Regarding Paid Personal Leave, Drug Testing, and Minimum Wage

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Wage and Hour, Workplace Policies and Procedures
Continuing the trend of states passing increasingly progressive employment regulations, Nevada recently enacted three new laws addressing paid leave, workplace drug testing, and minimum wage. Paid Personal Leave Following in the footsteps of Maine, which recently became the first state to enact a personal leave law, SB 312 will require private employers with 50 or … Continue Reading

Illinois Legalizes Recreational Marijuana: Impact on Employers

By Steven J. Pearlman, Edward Young, Caralyn M. Olie and Holly Ren Morris on Posted in Workplace Policies and Procedures
Illinois will soon become the eleventh state to legalize the recreational use of marijuana.  On June 25, 2019, Governor Pritzker signed into effect House Bill 1438—the Cannabis Regulation and Tax Act (“CRTA”).  The CRTA, which is set to take effect on January 1, 2020, leaves some open questions for employers, but there are a few … Continue Reading

New York State to Enact Ban on Salary History Inquiries

By Evandro Gigante and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
UPDATE: Governor Andrew Cuomo signed the bill into law on July 10, 2019.  The law will take effect on January 6, 2020. In a continuation of its recent legislative push to expand the reach of anti-discrimination laws, New York State is set to be the latest jurisdiction to prohibit employers from asking job applicants and … Continue Reading

Connecticut to Enact Generous Paid Family and Medical Leave Law

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
Leave of absence formConnecticut is set to become the latest state to join the paid family and medical leave bandwagon, enacting what is set to be one of the most generous laws in the country.  The Act Concerning Paid Family and Medical Leave (the “Act”) was passed by both houses of the state legislature and is presently before Governor … Continue Reading

Kansas City, Missouri Passes Ban on Salary History Inquiries

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
Kansas City, Missouri is the latest jurisdiction (and the second Midwestern city in recent weeks) to enact a law that will prohibit employers from asking job applicants about salary history. The ordinance, which takes effect on October 31, 2019, will apply to employers in Kansas City with six or more employees, and will prohibit such … Continue Reading

Maine Becomes First State to Require Paid Leave for Any Reason

By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
Leave of absence formMaine’s Governor Janet Mills has signed into law an Act Authorizing Earned Employee Leave (the “Act”), which will require covered employers to provide employees with up to 40 hours of paid personal leave per calendar year. Unlike other paid family and sick leave laws that have been enacted around the country, Maine’s law would be … Continue Reading

New York City Council to Consider Expanding Earned Safe and Sick Time Act to Require “Personal Time”

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
The New York City Council is considering a bill that would expand the NYC Earned Safe and Sick Time Act (ESSTA) to provide eligible employees with “personal time” that could be used for any reason.  The bill would also expand protections and remedies applicable to all leave under the law, including sick and safe time. … Continue Reading

Dallas, Texas Enacts Paid Sick Leave Law, But Its Future Remains in Question

By Allan Bloom, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
The Dallas, Texas City Council has enacted a sick leave ordinance that would require employers to provide eligible employees with paid leave for certain medical and safety-related needs. It remains to be seen, however, whether the ordinance will ultimately take effect. As we have previously reported, in late 2018, a Texas appellate court ruled that … Continue Reading
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