Law and the Workplace

Category Archives: Workplace Policies and Procedures

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New York State Legalizes Recreational Adult Use of Marijuana

By Harris Mufson and Arielle E. Kobetz on Posted in Workplace Policies and Procedures
On March 31, 2021, New York Governor Andrew Cuomo signed into law the New York State Cannabis/Marijuana Regulation & Taxation Act, which legalized the use of recreational marijuana for individuals ages 21 and older. Among other things, the Act establishes a Cannabis Control Board and Office of Cannabis Management that will be responsible for regulating … Continue Reading

Illinois Makes Significant Amendments to the Illinois Human Rights Act, Equal Pay Act and Business Corporation Act

By Steven J. Pearlman, Edward Young and Dakota D. Treece on Posted in Workplace Policies and Procedures
On March 23, 2021, Illinois Governor Pritzker signed into law SB1480.  As discussed below, the law makes significant changes to the Illinois Human Rights Act (IHRA), the Illinois Equal Pay Act (IEPA) and the Illinois Business Corporation Act, aimed at curtailing employer use of conviction records, imposing new reporting and registration requirements concerning employee demographics … Continue Reading

Illinois Legislature Seeks to Limit Use of Restrictive Covenants

By Steven J. Pearlman, Edward Young and Dakota D. Treece on Posted in Workplace Policies and Procedures
Two bills were recently introduced in the Illinois legislature that seek to limit or preclude the use of restrictive covenants for Illinois employers. First, on February 19, 2021, the Illinois House of Representatives introduced House Bill 3066 (accessible here), which seeks to eliminate the use of non-competition and non-solicitation restrictive covenants against Illinois employees unless … Continue Reading

4th Circuit Holds Law Firm Partner Is Not an Employee Protected Under Title VII

By Evandro Gigante, Rachel Fischer and Scott Tan on Posted in Workplace Policies and Procedures
On January 19, 2021, the U.S. Court of Appeals for the Fourth Circuit issued a noteworthy decision in Lemon v. Myers Bigel, P.A., No. 19-1380, 2021 WL 161978 (4th Cir. 2021), affirming a decision by the Eastern District of North Carolina holding that a law firm equity partner was not an “employee,” and was therefore … Continue Reading

Paid Family and Medical Leave Benefits Become Available in Massachusetts on January 1st: Is Your Workplace Ready?

By Lexie Reynolds, Heylee Bernstein, Mark W. Batten and Thomas B. Fiascone on Posted in Leaves of Absences, Workplace Policies and Procedures
For Massachusetts employers, or employers with Massachusetts-based employees, Paid Family and Medical Leave (“PFML”) has been on the horizon for nearly two years. By now, you have notified your workforce about benefits and contributions, displayed a poster informing them of the same, determined the size of your workforce and who is a “covered individual,” begun … Continue Reading

[Podcast]: Mandatory COVID-19 Vaccinations

By Evandro Gigante and Harris Mufson on Posted in Coronavirus, Workplace Policies and Procedures, Workplace Safety
In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss the U.S. Equal Employment Opportunity Commission’s recent guidance for employers regarding mandatory COVID-19 vaccinations. On December 16th, 2020, the EEOC issued updated guidance for employers in light of the FDA’s recent authorization of Pfizer’s COVID-19 vaccine for emergency use. Widespread vaccinations have been largely … Continue Reading

DC Council Passes One of the Broadest Bans on Non-Competes in the Country

By Caroline Guensberg and Guy Brenner on Posted in Non-Competes and Protection of Corporate Assets, Workplace Policies and Procedures
Quick Hit:  On December 17, 2020, the Council of the District of Columbia passed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), which, subject to certain very narrow exceptions, will “make void and unenforceable non-compete[s]” entered into after the effective date of the law.  The Act also prohibits employers from maintaining workplace … Continue Reading

December 31, 2020 Deadline Looms for Illinois Employers to Conduct Sexual Harassment Training

By Edward Young, H. Ren Morris and Steven J. Pearlman on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
As we have previously noted, effective January 1, 2020, the Illinois Human Rights Act requires Illinois employers to provide employees with sexual harassment prevention training by December 31, 2020, and on at least an annual basis thereafter.  Such training must comport with the minimum requirements established by the Illinois Department of Human Rights’ (“IDHR”) model … Continue Reading

Seventh Circuit Clarifies Scope of Article III Standing Under Illinois BIPA

By Edward Young, H. Ren Morris and Steven J. Pearlman on Posted in Class/Collective Action, Litigation and Arbitration, Workplace Policies and Procedures
On November 17, 2020, the Seventh Circuit held that allegations that a defendant violated Section 15(a) of the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1, et seq.—which requires an employer that collects biometric information from its employees to develop, publicly disclose and comply with a data-retention schedule and guidelines for permanent destruction … Continue Reading

NYU Labor Center Webinar: Re-Training America for the Future of Work

By Paul Salvatore on Posted in Uncategorized, Workplace Policies and Procedures
Proskauer partner Paul Salvatore will be participating in the NYU Labor Center Webinar: Re-Training America for the Future of Work. The webinar will take place virtually on Thursday, December 3rd from 9:00 AM – 12:00 PM EDT. Leaders in government, academia and industry will explore policies needed to enhance the skills of workers to meet … Continue Reading

New York Court Dismisses Amazon Workers’ COVID-19 Health and Safety Claims

By Arielle E. Kobetz, Evandro Gigante and Heylee Bernstein on Posted in Coronavirus, Litigation and Arbitration, Workplace Policies and Procedures, Workplace Safety
*** UPDATE: On November 24, 2020, the Plaintiffs in Palmer, et al. v. Amazon.Com, Inc., et al. filed a notice of appeal. The Plaintiffs appealed Judge Cogan’s order dismissing the case to the Second Circuit. We will continue to monitor this case and provide updates. *** On November 2, 2020, the Eastern District of New … Continue Reading

New York Releases Guidance and FAQs on Statewide Paid Sick Leave Law

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
New York State has released an informal guidance page, including frequently asked questions, regarding the newly enacted statewide paid sick leave law, which took effect on September 30, 2020. As we have previously reported, the law requires employers with New York employees to provide a certain amount of paid or unpaid sick leave to be … Continue Reading

Election Season and the Workplace, Part 2: Political Leave Laws

By Allan Bloom, Alex Downie and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
With Election Day just around the corner, we are highlighting some of the issues facing employers in a series of posts on election-related issues. In our first installment, we looked at employee protections around political speech and activity both in and outside the workplace. In this second installment, we’ll examine employees’ rights to take time … Continue Reading

[Podcast]: Recent Developments on California’s COVID-19 Supplemental Paid Sick Leave Law

By Harris Mufson and Philippe A. Lebel on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
In this episode of The Proskauer Brief, partner Harris Mufson and associate Phil Lebel discuss recent legal developments in California, specifically a new supplemental paid sick leave law and coronavirus (COVID-19) exposure notification requirements. Tune in as we discuss steps employers can take to ensure compliance with these new requirements. Listen to the podcast.  … Continue Reading

Election Season and the Workplace, Part 1: Employee “Free Speech” and Political Activities

By Allan Bloom, Alex Downie and Laura Fant on Posted in Workplace Policies and Procedures
Hand dropping ballot into boxWith Election Day just around the corner, we’ll be highlighting some of the issues facing employers in a two-part series on elections and the workplace. In this first installment, we’ll look at employee protections around political speech and activity both in and outside the workplace. In Part 2, we’ll address statutory leave entitlements for employees … Continue Reading

Reminder: New York State Paid Sick Leave Law Takes Effect September 30

By Arielle E. Kobetz and Evandro Gigante on Posted in Leaves of Absences, Workplace Policies and Procedures
As we previously reported, the New York State paid sick leave law will take effect, and covered employees will begin accruing leave time, on September 30, 2020. However, employees may be restricted from utilizing accrued sick leave until January 1, 2021. As set forth in our previous blog: Employers with 4 or fewer employees and … Continue Reading

DCFMLA COVID-19 Leave Extended through October 9, 2020

By Caroline Guensberg and Guy Brenner on Posted in Coronavirus, Workplace Policies and Procedures
Quick Hit:  The temporary expansion of the DC Family and Medical Leave Act to provide D.C. employees up to 16 weeks of unpaid, job-protected “COVID-19 leave” has been extended through October 9, 2020.   The D.C. Office of Human Rights has published an updated notice reflecting the extended effective date, which employers “must post and maintain… … Continue Reading

Maryland Employers: New Employment Laws Become Effective October 1, 2020

By Caroline Guensberg and Guy Brenner on Posted in Workplace Policies and Procedures, Workplace Restructuring and WARN
As we previously reported, earlier this year Maryland passed a number of employment laws that, among other things, prohibit use of facial recognition technology, wage history inquires and hairstyle discrimination, and revise the state’s mini-WARN act.  These laws will take effect on October 1, 2020.  For more detail on the new laws, see our original … Continue Reading

Intersection Between Return-to-School and FFCRA

By Evandro Gigante, Harris Mufson and Jurate Schwartz on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
As we have previously reported, the Families First Coronavirus Response Act (FFCRA), which remains in effect through December 31, 2020, provides, among other things, that eligible employees can take up to 12 weeks of FMLA leave if the employee is unable to work (or telework) due to a need for leave to care for their … Continue Reading

D.C. Requires Employers To Provide Paid and Unpaid COVID-19 Leave

By Caroline Guensberg and Guy Brenner on Posted in Coronavirus, Workplace Policies and Procedures
Quick Hit:  Employees in the District of Columbia are currently eligible for paid and unpaid COVID-19 related leave under measures that temporarily expand the D.C. Family and Medical Leave Act (“DCFMLA”) and D.C. Accrued Sick and Safe Leave Act (“ASSLA”). Key Takeaway:  D.C. employers now must navigate an additional set of paid and unpaid leave … Continue Reading

Virginia Employers, Are You Ready? New Employment Laws Go Into Effect July 1, 2020

By Caroline Guensberg and Guy Brenner on Posted in Workplace Policies and Procedures
As we previously reported, this spring Virginia Governor Ralph Northam signed into law a number of new measures expanding protections for employees in the Commonwealth and providing enhanced mechanisms by which employees may bring claims against their employers for violations of those protections.  Many of these new laws become effective on July 1, 2020.  As … Continue Reading

DC’s Paid Family Leave Benefits Available July 1, 2020: What Employers Need to Know

By Caroline Guensberg and Guy Brenner on Posted in Coronavirus, Workplace Policies and Procedures
On July 1, 2020, employees in DC will be able to begin taking Paid Family Leave (“PFL”) pursuant to the DC Paid Family Leave Act (the “Act”).  Here’s a quick primer on what employers need to know ahead of the program’s launch. Eligible Leave Employees who spend more than 50% of their work time in … Continue Reading

Hearing Scheduled On Proposed Amendments to Massachusetts Paid Family and Medical Leave Law

By Mark W. Batten and Samantha Regenbogen Manelin on Posted in Independent Contractor, Leaves of Absences, Workplace Policies and Procedures
On June 11, 2020, the Department of Family and Medical Leave (“DFML”) will hold a virtual public hearing on its recent proposed amendments to the final regulations pertaining to the Massachusetts Paid Family and Medical Leave Law (“PFML”) issued in June 2019.  (Instructions for registering for the virtual hearing are available at this link).  A … Continue Reading
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