Law and the Workplace

Category Archives: Workplace Policies and Procedures

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New York State Legislature Approves Law That Prohibits No Fault Attendance Policies

The New York State legislature recently passed a bill (Senate Bill S1958A) that, if and when enacted into law, would amend the New York Labor Law to clarify that employers who maintain “no fault” or absence control policies may not discipline employees for taking absences that are protected under federal, state, or local law. Under … Continue Reading

7th Circuit: Actual Denial of Leave Not Necessary for FMLA Interference Claim

On June 1, 2022, the Seventh Circuit reversed the entry of summary judgment on a Family and Medical Leave Act (“FMLA”) claim, holding that an actual denial of an employee’s FMLA leave request is not necessary to constitute an FMLA violation. Rather, the FMLA may be violated where an employer discourages an employee from taking … Continue Reading

Stricter Requirements Added to Illinois One Day Rest in Seven Act

On May 13, 2022, Illinois Governor J.B. Pritzker signed into law Senate Bill 3146 (the “Amendment”), amending the One Day Rest In Seven Act (“ODRISA”).  The Amendment will go into effect on January 1, 2023. Rest Days The Amendment, once effective, will require employers to provide non-exempt employees with one 24-hour day of rest in … Continue Reading

Jury Awards $450,000 For Employer’s Termination of Employee After Receiving Notice About Anxiety Disorder

On March 31, 2022, a Kentucky jury unanimously awarded $450,000 to an employee, who was terminated following two panic attacks the employee suffered at work. The jury concluded the employee’s anxiety disorder was a disability and that the employee suffered an adverse action because of his disability. Brief Background In Berling v. Gravity Diagnostics, LLC, … Continue Reading

Delaware Becomes Latest State to Institute Paid Family and Medical Leave

On May 10, 2022, Delaware Governor John Carey signed into law a bill that will require private employers with ten or more employees in Delaware to provide up to 12 weeks of paid family and medical leave beginning in January 2026, one year after payroll tax deductions to fund the program begin on January 1, … Continue Reading

Illinois Department of Labor Publishes Guidance for Employers Seeking Equal Pay Registration Certificate

Effective March 24, 2022, the Illinois Equal Pay Act (IEPA) was amended to require private businesses with more than 100 employees in Illinois to obtain an Equal Pay Registration Certificate (EPRC) by March 23, 2024, and every two years thereafter. To apply for the EPRC, businesses must submit the following to the Illinois Department of … Continue Reading

UPDATED: NYC Council Approves Salary Disclosure Law Amendment to Delay Effective Date

Paying Wages***UPDATE: Mayor Adams signed the bill into law on May 12, 2022.  It takes effect immediately.*** The NYC Council has approved a bill to amend the pending New York City pay transparency law that will require employers to disclose salary ranges in job postings.  The bill amends several aspects of the law, including, notably, extending … Continue Reading

New York District Court Permanently Enjoins Reproductive Health Notice of Rights Requirement for Employee Handbooks

employee handbookA Northern District of New York court has permanently enjoined the statewide requirement that employers include a notice of workers’ rights and remedies in their employee handbooks regarding the prohibition on discrimination based on reproductive health care choices. The requirement, which took effect in November 2019, was part of a broader bill amending the New … Continue Reading

Supreme Court Rules That BIPA Claims Are Not Barred By Ill. Workers’ Compensation Act

On February 3, 2022, the Illinois Supreme Court ruled that the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”) do not bar a claim for statutory damages under the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1, et seq.  McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511. Background On August 17, 2017, … Continue Reading

Philadelphia Enacts Ordinance to Prohibit Pre-Employment Marijuana Testing

Effective January 1, 2022, Phila. Code § 9-5500 now prohibits Philadelphia employers from requiring job applicants to submit to pre-employment drug tests for marijuana use. Specifically, the ordinance makes it an unlawful employment practice for an employer, labor organization, or employment agency (or agent thereof) to require prospective employees to submit to testing for the … Continue Reading

New York City Enacts Law to Regulate Use of Automated Hiring Tools

Over the past decade many employers have adopted Artificial Intelligence driven tools to automate various aspects of the workplace, including the recruiting and hiring process.  These tools have come under scrutiny by federal, state and local governments based on research that has suggested the possibility of bias or discrimination arising from the widespread use of … Continue Reading

Federal Judge Blocks Contractor Vaccine Mandate Nationwide

UPDATE (2/4/22): On February 2, the Eleventh Circuit scheduled oral argument for April 8. UPDATE (1/27/22): On January 21, 2022, Judge Baker issued an order in response to the federal government’s request for clarification of his order enjoining the federal contractor vaccine mandate nationwide.  Judge Baker’s latest order addressed two inquiries.  First, he declined to … Continue Reading

Contractor Vaccine Mandate Blocked In 3 States By Federal Judge

On November 30, 2021, a federal judge issued a preliminary injunction halting enforcement of the federal contractor and subcontractor vaccine mandate requirements issued by the Safer Federal Workforce Task Force in response to President Biden’s Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors.  The mandate requires covered contractor employees to be fully … Continue Reading

EEOC Prepares to Tackle Artificial Intelligence and Algorithmic Bias

On October 28, 2021, Equal Employment Opportunity Commission (“EEOC”) Chair Charlotte A. Burrows announced that the agency is launching an initiative to ensure that artificial intelligence (“AI”) used at all stages of the employment cycle comply with federal anti-discrimination laws.  The EEOC also issued a press release on that same day outlining the agency’s plans … Continue Reading

Reminder: Illinois Restrictive Covenant Law Takes Effect on January 1, 2022

As we previously reported, a new amendment to the Illinois Freedom to Work Act (820 ILCS § 90) regarding the use of non-competition and non-solicitation restrictive covenants for Illinois employees will take effect on January 1, 2022. The law imposes certain restrictions on the use of restrictive covenants that are entered into after January 1, … Continue Reading

New York State Enacts Phone, Email, and Internet Monitoring Notice Law for Private Employers

New York Governor Kathy Hochul has signed into law a bill that will require employers to provide notice to employees of electronic monitoring of telephone, email, and internet access and usage. The law, which takes effect on May 7, 2022, will require all private employers, regardless of size, with a place of business in New … Continue Reading

OSHA Releases Emergency Temporary Standard Requiring Mandatory Vaccination or Weekly Testing for Employers with 100 or More Employees

UPDATE: On January 13, 2022, the U.S. Supreme Court granted applications to stay OSHA’s Emergency Temporary Standard pending review on the merits by the Sixth Circuit, and if writs of certiorari are subsequently sought to the U.S. Supreme Court, pending the Court’s disposition of such writs.  Click here to read more about the Court’s decision.  On … Continue Reading

New York Paid Family Leave Law Amended to Allow Leave to Care for Siblings

New York Governor Kathy Hochul signed into law an amendment to the New York Paid Family Leave Law (NYPFLL), which will allow employees to take leave to care for siblings with a serious health condition. In effect since 2018, the NYPFLL provides a phased-in system of paid, job protected leave for eligible employees: (i) to … Continue Reading

New Federal Vaccine Rule:  Wage and Hour Implications

UPDATE: On January 13, 2022, the U.S. Supreme Court granted applications to stay OSHA’s Emergency Temporary Standard pending review on the merits by the Sixth Circuit, and if writs of certiorari are subsequently sought to the U.S. Supreme Court, pending the Court’s disposition of such writs.  Click here to read more about the Court’s decision.  On … Continue Reading

Designation of COVID-19 Under New York HERO Act Extended Once Again

***UPDATE: On February 15, 2022, the New York State Commissioner of Health continued the designation of COVID-19 as a “highly contagious communicable disease” pursuant to the HERO Act until March 17, 2022. According to the designation, on  March 17, the Commissioner “will review the level of transmission of COVID-19 in New York State and determine … Continue Reading

New York State to Require Certain Private Employers to Automatically Enroll Employees in State Retirement Program

New York Governor Kathy Hochul has signed into law a bill that will require certain private employers in the state to automatically enroll their employees in a state-administered retirement savings plan if the employer does not offer its own qualified retirement plan.  The law took effect immediately upon signing on October 21, 2021, though employers … Continue Reading

Texas Governor Issues Executive Order Aimed at Prohibiting Vaccine Mandates for Private Employers

Texas Governor Greg Abbott has issued an Executive Order (GA-40) prohibiting the enforcement of COVID-19 vaccine mandates in Texas against employees and customers of private businesses who object on certain bases, including “personal conscience.” Effective immediately, GA-40 states: “No entity in Texas can compel receipt of a COVID-19 vaccine by any individual, including an employee … Continue Reading
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