Law and the Workplace

Category Archives: Workplace Policies and Procedures

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Employers Face New Accommodation Requirements For Nursing Mothers

By Tony Oncidi and Ryan McGill on Posted in Accessibility & Accommodation, Biden Administration Coverage, Discrimination, Harassment and Retaliation, Wage and Hour, Workplace Policies and Procedures
In our recent blog post, we highlighted legislation that will impact employers this year related to nursing and pregnant employees: the Providing Urgent Maternal Protections for Nursing Mothers Act (the “PUMP Act”) and the Pregnant Workers Fairness Act (the “PWFA”).  As this legislation becomes effective—with the PUMP Act taking effect on April 28, 2023 and the … Continue Reading

Illinois Legislature Passes Bill Requiring Disclosure of Pay Scales in Job Postings

By Steven J. Pearlman, Edward Young and Dakota D. Treece on Posted in Workplace Policies and Procedures
On May 17, 2023, the Illinois legislature passed House Bill 3129 (the “Bill”), which amends the Illinois Equal Pay Act (820 ILCS 112, et. seq.) to require Illinois employers to include pay scale and benefits information in job postings and to post or announce internally to employees all known opportunities for promotion, in an apparent … Continue Reading

Department of Labor Issues Updated FLSA and FMLA Posters

By Evandro Gigante and Laura Fant on Posted in Workplace Policies and Procedures
The U.S. Department of Labor (DOL) has released updated posters regarding the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA).  Employers covered by these laws are required to display copies of the posters in a conspicuous place where employees and applicants for employment can see them. The FLSA Minimum Wage … Continue Reading

Illinois Legislature Advances Proposed Amendment to Right to Privacy in the Workplace Act

By Steven J. Pearlman, Edward Young and Dakota D. Treece on Posted in Workplace Policies and Procedures
On May 8, 2023, the Illinois legislature passed Senate Bill 1515 (the “Amendment”), which would amend the Illinois Right to Privacy in the Workplace Act (820 ILCS § 55) to mandate a specified process employers would need to follow if they choose to take an adverse employment action against an employee after receiving notice from … Continue Reading

EEOC Issues Updated “Capstone” Guidance on COVID-19 After Declaration of End of Public Health Emergency

By Evandro Gigante, Laura Fant and David Gobel on Posted in Coronavirus, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
CoronovirusOn May 15, 2023, the Equal Employment Opportunity Commission (“EEOC”) released updates to its “technical assistance” on COVID-19-related discrimination concerns in the workplace. The updated guidelines come in response to President Biden recently signing legislation that ended the COVID-19 National Emergency. EEOC Chair Charlotte A. Burrows called this installment of “the capstone to our comprehensive … Continue Reading

Employers Face New Reporting Obligations and Other Changes Under New Jersey Unemployment Compensation Law

By Evandro Gigante, Laura Fant and Ryan McGill on Posted in Performance Management, Discipline & Termination, Workplace Policies and Procedures
Effective July 31, 2023, pursuant to amendments signed into law by Governor Phil Murphy, several changes will impact employer compliance with the New Jersey Unemployment Compensation law.  The increased penalties associated with these changes highlights the importance of ensuring compliance. First, there will be new reporting obligations upon the separation of an NJ employee. Existing … Continue Reading

COVID-19 and the Workplace: Where Do We Stand?

By Evandro Gigante, Jurate Schwartz, Laura Fant, Arielle E. Kobetz and Raymond Arroyo on Posted in Coronavirus, Workplace Policies and Procedures, Workplace Safety
CoronovirusAs we have reported previously, on April 10, 2023 President Biden signed legislation ending the COVID-19 National Emergency.  However, the rollback of COVID-19 workplace requirements was already underway in many state and municipal legislatures, with some requirements having previously been repealed or with others scheduled to (or already having) sunset.  With this transition, employers are … Continue Reading

New York State Releases Updated Model Sexual Harassment Prevention Policy and Training

By Evandro Gigante, Jurate Schwartz, Laura Fant, Arielle E. Kobetz and Hannah Morris on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
The New York State Department of Labor (“DOL”) has released its long-awaited updated model sexual harassment prevention policy that addresses issues such as gender identity, remote work, and bystander intervention. As we previously reported, the DOL published proposed changes to the model policy in January of this year, and the updated policy largely mirrors those … Continue Reading

Virginia Restricts Employers’ Use Of Nondisclosure/Nondisparagement Agreements and SSNs

By Guy Brenner and Jennifer McGrew on Posted in Workplace Policies and Procedures
Virginia has enacted two new laws which will further limit employers’ use of nondisclosure and nondisparagement agreements with employees and prospective employees and will bar the use of social security numbers as employee identification numbers and on employee identification badges or cards. The new laws go into effect July 1, 2023. Restrictions on Nondisclosure, Confidentiality, … Continue Reading

Proposed Legislation Would Require New York State Employers to Report Certain Employee Demographic Data

By Allan Bloom, Evandro Gigante, Laura M. Fant and Alisha Bruce on Posted in Workplace Policies and Procedures
The New York State Senate has passed a bill that, if enacted, would require certain corporate entities to report data regarding the gender, race, and ethnicity of their employees. On March 27, 2023, an identical version of the bill was introduced in the New York State Assembly.  If enacted, the reporting requirements would take effect … Continue Reading

Illinois Appears Poised to Require Disclosure of Pay Scales in Job Postings

By Steven J. Pearlman and Edward Young on Posted in Workplace Policies and Procedures
HB3129 (the “Bill”), which was introduced in the Illinois House of Representatives on February 16, 2013, and passed by the Labor & Commerce Committee on February 28, 2023, would require Illinois employers to include pay scale information in job postings—or face financial consequences.  The Bill defines “pay scale” to mean the salary or hourly wage … Continue Reading

Reminder – NYC Employers: “Automated Employment Decision Tools Law” Will Be Enforced Starting April 15

By Joseph O’Keefe and Alisha Bruce on Posted in Artificial Intelligence, Workplace Policies and Procedures
On Friday, September 23rd, the New York City Department of Consumer and Worker Protection (“DCWP”) issued a Notice of Public Hearing and Opportunity to Comment on Proposed Rules related to Local Law 144 (“the Law”), which regulates the use of “automated employment decision tools” by employers. The law was originally set to go into effect … Continue Reading

Applicant Files Class Action Suit Over Alleged AI Tool Discrimination in Hiring

By Joseph O’Keefe, Edward Young and Hannah Morris on Posted in Artificial Intelligence, Workplace Policies and Procedures
As we have previously reported (here, here and here), there are novel risks associated with employer use of AI tools in the workplace. While such tools have caught the attention of the EEOC and state and local legislatures, we have yet to see a proliferation of litigation in this area. However, that may soon be … Continue Reading

New York Employers Must Make Required Workplace Postings Available Electronically to Employees

By Evandro Gigante and Laura Fant on Posted in Workplace Policies and Procedures
Effectively immediately, employers in New York State are required to make digital versions of required federal and state postings available to employees. Specifically, under an amendment to Section 201 of the N.Y. Labor Law, digital versions of “all . . . documents required to be physically posted at a worksite pursuant to state law or federal … Continue Reading

Illinois Supreme Court Rules that BIPA Violations Accrue with Each Scan

By Steven J. Pearlman, Alexandra Oxyer and Alyssa M. Cook on Posted in Workplace Policies and Procedures
On February 17, 2023, the Illinois Supreme Court ruled that claims under the Biometric Information Privacy Act (“BIPA”) may accrue with each biometric scan and not just on an individual’s first scan.  Cothron v. White Castle System, Inc., 2023 IL 128004. In Cothron, the plaintiff alleged that the employer failed to follow BIPA’s requirements in … Continue Reading

New Jersey and New York Introduce Bills to Regulate Sale and Use of “Automated Employment Decision Tools”

By Joseph O’Keefe and Hannah Morris on Posted in Artificial Intelligence, Workplace Policies and Procedures
As previously reported, employers’ use of artificial intelligence to assist in employment decision-making is being subjected to ever-increasing regulatory scrutiny at all levels of government―local, state, and federal. In the New Jersey General Assembly, A4909 (“A4909”) was introduced on December 5, 2022, proposing a host of legal requirements that would apply to automated employment decision … Continue Reading

UPDATED: New Jersey Enacts Temporary Workers’ Bill Of Rights Law

By Evandro Gigante, Laura Fant and Margo Richard on Posted in Hiring/Background Checks, Workplace Policies and Procedures
***UPDATE: New Jersey has launched a website to provide additional guidance on the new law, found here.  Additional guidance is also expected nearing the August 5 implementation date for many of the laws provisions.*** On February 6, 2023, New Jersey Governor Phil Murphy signed the Temporary Workers’ Bill of Rights (A1474/S511) into law. The law … Continue Reading

New York Issues Required Posting Regarding Veteran Benefits and Services

By Evandro Gigante and Laura Fant on Posted in Workplace Policies and Procedures
The New York Department of Labor has issued a required posting regarding benefits and services available to military veterans in accordance with S.1961B/A3913. The law, which took effect on January 1, 2023 and amends the NY Labor Law, requires New York employers with more than 50 full-time equivalent employees to display the poster “in a … Continue Reading

Illinois Legislature Passes Paid Leave For All Workers Act

By Steven J. Pearlman, Alexandra Oxyer and Dakota D. Treece on Posted in Workplace Policies and Procedures
On January 10, 2023, Illinois legislature passed the Paid Leave For All Workers Act (the “Act”), which requires Illinois employers to provide at least 40 hours of paid leave per year to be used for any reason. Governor Pritzker announced that he will sign the Act into law, making it effective on January 1, 2024. … Continue Reading

New York State Releases Proposed Changes to Model Sexual Harassment Prevention Policy

By Evandro Gigante, Laura Fant, Arielle E. Kobetz and Hannah Morris on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
On January 12, 2023 the New York State Department of Labor (“DOL”) issued an updated Proposed Sexual Harassment Prevention Model Policy which, among other things, addresses remote work, gender identity and bystander intervention methods.  The public has 30 days (until February 11) to comment on the proposed revisions prior to a final version being adopted. … Continue Reading

AI-Based Discrimination Top of the EEOC’s Draft Enforcement Plan

By Joseph O’Keefe and Caroline Libby on Posted in Artificial Intelligence, Workplace Policies and Procedures
The Equal Employment Opportunity Commission (“EEOC”) has started 2023 with an announcement that it intends to increase enforcement efforts aimed at discrimination resulting from the use of Artificial Intelligence assisted employment related decision tools. On January 10, 2023, the EEOC published its Draft Strategic Enforcement Plan (“SEP”) in the Federal Register for the fiscal years … Continue Reading

2022 Labor & Employment Year in Review … and Looking Ahead to 2023

By Evandro Gigante, Laura M. Fant, Arielle E. Kobetz, Olympia Karageorgiou and David Gobel on Posted in Artificial Intelligence, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
There is no doubt that 2022 was an eventful year in employment law. In this post, we review some key developments from the prior year that employers should be aware of and hot topics to watch out for as we move forward into 2023. Salary and Pay Transparency The trend of enacting salary and pay … Continue Reading

Employers, Are Your Leave Policies Ready to Ring in 2023?

By Evandro Gigante, Laura Fant, Arielle E. Kobetz, Morgan Peterson and Jennifer McGrew on Posted in Leaves of Absences, Workplace Policies and Procedures
With the arrival of the new year comes the effective date of many new leave laws (and expansion of existing leave laws) across the United States. Below we summarize family and sick leave laws that will take effect across various states in 2023. California California employers will see two main changes to leave laws in … Continue Reading

Philadelphia Commuter Transit Benefits Coming Soon

By Evandro Gigante, Arielle E. Kobetz and Jennifer McGrew on Posted in Workplace Policies and Procedures
Effective December 31, 2022, the Philadelphia, Pennsylvania Employer Commuter Transit Benefit Program requires covered employers to make available for all covered employees a mass transit and bicycle commuter benefits program. For purposes of the law, covered employers are those that employ fifty or more covered employees, which are defined as any person who performs an … Continue Reading
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