Law and the Workplace

Category Archives: Workplace Policies and Procedures

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EEOC Releases Updated Workplace Discrimination Poster

By Evandro Gigante, Laura Fant and Hannah Morris on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
On October 19, 2022, the Equal Employment Opportunity Commission released an updated “Know Your Rights: Workplace Discrimination is Illegal” poster that covered employers under federal law are required to prominently display in the workplace.  The poster summarizes protections under various anti-discrimination laws that the EEOC enforces, such as Title VII, the Pregnancy Discrimination Act, and … Continue Reading

New Proposed Rules on New York City Law to Regulate Use of Automated Hiring Tools

By Joseph O’Keefe and Shanice Z. Smith-Banks on Posted in Workplace Policies and Procedures
On Friday, September 23rd, the New York City Department of Consumer and Worker Protection issued a Notice of Public Hearing and Opportunity to Comment on Proposed Rules (“Proposed Rules”) related to Local Law 144 (“the Law”), a New York City law regulating the use of “automated employment decision tools” by employers, set to go into … Continue Reading

D.C.’s New Restrictive Non-Compete Law Goes Into Effect October 1, 2022

By Guy Brenner and E. Sydney Cone on Posted in Non-Competes and Protection of Corporate Assets, Workplace Policies and Procedures
Almost 2 years after the Ban on Non-Compete Agreements Amendment Act (“the Act”) was passed, the Act – with significant amendments – will become effective and applicable to all employers with D.C. employees on October 1, 2022. The law generally prohibits employers from entering into or imposing non-compete agreements and policies on D.C. employees that … Continue Reading

UPDATE: New York City’s Pay Transparency Law Is Here – Are You Ready?

By Allan Bloom, Evandro Gigante, Laura Fant, Theresa Madonna and Scott Tan on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Pay Equity, Workplace Policies and Procedures
Paying WagesNew York City’s pay transparency law, which requires most New York City employers to disclose salary ranges in their job postings, took effect on November 1, 2022. As we previously reported, the new law amends the New York City Human Rights Law to require covered employers who post a job, promotion, or transfer opportunity for … Continue Reading

D.C. Council Passes Law Significantly Scaling Back Non-Compete Ban

By Guy Brenner and E. Sydney Cone on Posted in Non-Competes and Protection of Corporate Assets, Workplace Policies and Procedures
Mayor Bowser signed the Amendment on July 27, 2022. The Amendment will go into effect on October 1, 2022 (absent action by Congress, which is not expected). On July 12, 2022, the District of Columbia Council voted to modify key aspects of the Ban on Non-Compete Agreements Amendment Act (“the Act”), passing the Non-Compete Clarification … Continue Reading

EEOC Issues New Workplace Guidance Regarding COVID-19 Testing

By Guy Brenner, Evandro Gigante, Laura M. Fant and Lexie Reynolds on Posted in Accessibility & Accommodation, Coronavirus, Workplace Policies and Procedures
On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) – the agency which investigates and enforces federal antidiscrimination laws in the workplace – updated its guidance across several different areas relating to COVID-19 and the workplace, including when employees can be required to undergo COVID-19 testing, reasonable accommodations, and parameters around mandatory vaccination programs. … Continue Reading

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

By Steven Hurd, Matthew Rosenthal and Arielle E. Kobetz on Posted in Workplace Policies and Procedures
***UPDATE: Governor Hochul signed the bill into law on November 21, 2022.  It takes effect on February 19, 2023.*** 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 … Continue Reading

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

By Steven J. Pearlman, Edward Young and Dakota D. Treece on Posted in Leaves of Absences, Workplace Policies and Procedures
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

By Steven J. Pearlman, Alyssa M. Cook and Edward Young on Posted in Workplace Policies and Procedures
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

By Nicole Eichberger, Atoyia Harris, Jessica Guarracino and E. Sydney Cone on Posted in Workplace Policies and Procedures
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

By Evandro Gigante, Laura Fant and Morgan Peterson on Posted in Leaves of Absences, Workplace Policies and Procedures
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

By Steven J. Pearlman, Edward Young and Dakota D. Treece on Posted in Workplace Policies and Procedures
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

By Allan Bloom, Evandro Gigante and Laura Fant on Posted in Hiring/Background Checks, Workplace Policies and Procedures
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

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
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

By Steven J. Pearlman, Edward Young and Alexandra Oxyer on Posted in Workplace Policies and Procedures
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

By Steven Hurd, Arielle E. Kobetz and Claudia Khoury-Yacoub on Posted in Workplace Policies and Procedures
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

By Joseph O’Keefe, Arielle E. Kobetz and Theresa Madonna on Posted in Workplace Policies and Procedures
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

By Guy Brenner and Jacob P. Tucker on Posted in Coronavirus, Workplace Policies and Procedures
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

By Guy Brenner and Jacob P. Tucker on Posted in Coronavirus, Workplace Policies and Procedures
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

By Joseph O’Keefe, Edward Young and Tony S. Martinez on Posted in Workplace Policies and Procedures
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

By Steven J. Pearlman, Edward Young and Dakota D. Treece on Posted in Workplace Policies and Procedures
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
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