Law and the Workplace

Tag Archives: New and Proposed Laws and Legislation

Dems Introduce Bills to Raise Salary Minimum for Overtime Exemption

By Allan Bloom on Posted in FLSA, Wage and Hour
Members of the House and Senate introduced companion bills on June 11, 2019 to amend the Fair Labor Standards Act to raise the minimum salary threshold for exempt executive, administrative, and professional (“EAP”) employees to north of $50,000 and to automatically update the threshold every three years. The “Restoring Overtime Pay Act of 2019” (H.R. … Continue Reading

[Podcast]: Recent Developments in California Law

By Tony Oncidi and Harris Mufson on Posted in Discrimination, Harassment and Retaliation, Independent Contractor, The Proskauer Brief Podcast, Wage and Hour, Workplace Policies and Procedures
In this episode of The Proskauer Brief, partner Tony Oncidi and senior counsel Harris Mufson discuss key developments in California employment law, including a new test to determine whether workers are independent contractors or employees and what’s new on the #MeToo front. Listen to the podcast.  … Continue Reading

Vermont Enacts Salary History Inquiry Law

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
Paying WagesVermont has become the latest jurisdiction to enact a law that will prohibit employers from inquiring about, seeking, or requiring salary history information from prospective employees. The law will take effect on July 1, 2018. Under the law, employers and their agents will be prohibited from: inquiring about or seeking information regarding a prospective employee’s … Continue Reading

Westchester County, New York Enacts Salary History Inquiry Law

By Evandro Gigante, Laura Fant and Maryssa Mataras on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Wage and Hour, Workplace Policies and Procedures
The Westchester County, NY Board of Legislators has unanimously enacted legislation that will prohibit employers and their agents from relying on, requiring, requesting, or seeking information about a prospective employee’s wage history during the hiring process. The Wage History Anti-Discrimination Law (the “Law”) will become effective on July 9, 2018. The Law amends the Westchester … Continue Reading

Governor Cuomo Signs New York State Budget Anti-Harassment Provisions Into Law

By Allan Bloom and Laura Fant on Posted in Discrimination, Harassment and Retaliation
On April 12, 2018, New York Governor Andrew Cuomo signed into law the New York State budget, which, as we previously reported, includes several significant measures directed at both private and government employers regarding sexual harassment in the workplace. The signing of the budget bills triggers the countdown to the effective dates of the various … Continue Reading

New York State Budget Includes Workplace Anti-Sexual Harassment Measures

By Allan Bloom, Laura Fant and Bassam Gergi on Posted in Discrimination, Harassment and Retaliation
The New York State Legislature and Governor Andrew Cuomo have reached agreement on a $168 billion budget deal for the 2019 fiscal year, which began on April 1, 2018. The budget includes several significant measures directed at both private and government employers regarding sexual harassment in the workplace. Many of the measures mirror legislation that … Continue Reading

NYC Council to Consider Series of Bills Aimed at Addressing Workplace Sexual Harassment

By Evandro Gigante, Laura Fant and Meika Freeman on Posted in Discrimination, Harassment and Retaliation
The New York City Council will consider a series of bills aimed at preventing and addressing workplace sexual harassment, both in the private sector and in city agencies.  The eleven bills, collectively titled the Stop Sexual Harassment in NYC Act, were jointly introduced by the Council Committee on Women and the Committee on Civil and … Continue Reading

Austin, Texas Enacts Paid Sick and Safe Leave Law

By Allan Bloom, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences
Leave of absence formThe Austin, Texas City Council has enacted a paid sick and safe leave ordinance, becoming the first southern city to pass such a law for private sector employees.  The ordinance will take effect on October 1, 2018 for employers with five or more employees; coverage for smaller employers begins on October 1, 2020. Employees who work … Continue Reading

Massachusetts Legislature Considers Prohibiting Mandatory Arbitration of Employment Claims

By Mark W. Batten and Samantha Regenbogen Manelin on Posted in Discrimination, Harassment and Retaliation
A bill prohibiting mandatory arbitration of employment-related claims, introduced in late 2017 before the Massachusetts House of Representatives, continues to gain traction in early 2018.  The bill (House Bill 4058), which proposes legislation that would prohibit enforcement of mandatory arbitration agreements “relating to a claim of discrimination, non-payment of wages or benefits, retaliation, harassment or … Continue Reading

2017 Form EEO-1 Survey Now Available

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Discrimination, Harassment and Retaliation
EEOC sealYesterday, the 2017 EEO-1 Survey became available.  Private employers with 100 or more employees and federal government contractors or subcontractors with 50 or more employees and a contract/subcontract of $50,000 or more must file EEO-1 reports. As you may recall, last year the U.S. Equal Employment Opportunity Commission (“EEOC”) attempted to revise the Form EEO-1 … Continue Reading

Amendment to New York City Human Rights Law Mandates Employers to Engage in “Cooperative Dialogue” with Employees Seeking an Accommodation

By Evandro Gigante, Harris Mufson and Bassam Gergi on Posted in Accessibility & Accommodation, Litigation and Arbitration, Workplace Policies and Procedures
The New York City Council voted last month to amend the New York City Human Rights Law (“NYCHRL”) to mandate that covered entities engage in “cooperative dialogue” with those persons who may be entitled to a reasonable accommodation. On January 19, 2018, because the Mayor failed to take action within thirty days of its passage, the … Continue Reading

New Jersey Enacts State Anti-Discrimination Protections for Breastfeeding

By Evandro Gigante and Laura Fant on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation
Newly enacted amendments to the New Jersey Law Against Discrimination (NJLAD) have expanded state anti-discrimination protections in the workplace, housing, and in public accommodations to include individuals who are breastfeeding or expressing milk.  The amendments also require employers to provide reasonable accommodation to breastfeeding employees.  The amendments took effect immediately upon signing by the Governor … Continue Reading

California Enacts Statewide Law Restricting Inquiries into Applicants’ Salary History

By Tony Oncidi and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
California Governor Jerry Brown has signed into law a statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information from applicants during the hiring process. The law, which will go into effect on January 1, 2018 and will apply to all private and public … Continue Reading

Rhode Island General Assembly Passes Paid Sick Leave Law

By Scott Faust and Lee Douthitt on Posted in Leaves of Absences
Leave of absence formOn September 19, 2017, the Rhode Island General Assembly passed The Health and Safe Families and Workplace Act (the “Act”), House Bill 5413B and Senate Bill 0290B, respectively, guaranteeing roughly 90 percent of the state’s workforce the opportunity to earn paid sick and safe leave.  The Governor has already indicated that she will sign the … Continue Reading

Guidance Issued on Taxability of Contributions and Benefits under New York Paid Family Leave Law

By Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences
Leave of absence formThe New York State Department of Taxation and Finance has issued official guidance on several taxability issues relating to the New York Paid Family Leave Law (“PFLL”), which goes into effect on January 1, 2018.  Among other details addressed, employee contributions under the PFLL shall be made on an after-tax basis, and benefits paid to … Continue Reading

Illinois Governor Vetoes Bill That Would Prohibit Employer Inquiry Into Wage History

By Steven J. Pearlman and Alex Weinstein on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
On August 25, 2017, Illinois Governor Bruce Rauner vetoed a bill that would prohibit employers from asking applicants about their wage histories. The bill, known as the Illinois No Salary History Law, previously had been passed by the Illinois House and Senate with overwhelming bipartisan support (91-24 in the House and 35-18 in the Senate).  The … Continue Reading

Illinois Passes Religious Garb Law Clarifying Religious Protections Under Illinois Human Rights Law

By Steven J. Pearlman and Alex Weinstein on Posted in Workplace Policies and Procedures
On August 11, 2017, Illinois Governor Bruce Rauner signed into law Public Act 100-100, known as the “Religious Garb Law.”  The law amends the Illinois Human Rights Act (“IHRA”) by clarifying the scope of protection for sincerely held religious beliefs. Specifically, the amendment makes clear that it is a violation of the IHRA for an … Continue Reading

NYC Human Rights Law Amended to Prohibit Discrimination Against Uniformed Servicemembers and Veterans

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation
Military Servicemember and American FlagNYC Mayor Bill de Blasio has signed into law an amendment to the New York City Human Rights Law (NYCHRL) adding current or prior service in the uniformed services as a protected class under the law.  The amendment will take effect on November 19, 2017. As we previously reported, the bill gives veterans and active … Continue Reading

What Is Going On With The Revised EEO-1 Form?  Acting EEOC Chair Provides Insight Into Its Status

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
EEOC sealAs loyal readers of our blog are aware, in February 2016, the EEOC released a rule to amend the Form EEO-1.  The new rule requires private employers (including federal contractors) with 100 or more employees to submit pay data with their EEO-1 reports.  Employers with fewer than 100 employees will still not need to file … Continue Reading

Massachusetts Pregnant Workers Fairness Act Becomes Law

By Mark W. Batten and Samantha Regenbogen Manelin on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
On July 27, 2017 Massachusetts Governor Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act (“MPWFA”), a bill which had unanimously passed in both the House and Senate. As discussed previously, the MPWFA (formerly H. 3816) ensures that pregnant workers or workers with pregnancy-related conditions (such as nursing) receive reasonable accommodations and protection … Continue Reading

U.S. House Committee on Appropriations Votes to Defund Revised Form EEO-1 Requiring Disclosure of Pay Data

By Connie Bertram and Alex Weinstein on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
EEOC sealOn July 13, 2017, the House Committee on Appropriations signaled what could be a devastating blow to the future of the Equal Employment Opportunity Commission’s (“EEOC”) revised Form EEO-1.  As you may recall, in February 2016, the EEOC released a rule – which was later revised – to amend the Form EEO-1.  The new rule … Continue Reading

Oregon Expands Pay Equity Protections

By Guy Brenner and Amy Blackwood on Posted in Discrimination, Harassment and Retaliation, Wage and Hour, Workplace Policies and Procedures
Oregon recently enacted the Oregon Equal Pay Act of 2017 (H.B. 2005) (the “Act”). The Act broadly expands Oregon’s existing equal pay protections and imposes new restrictions on Oregon employers’ use of salary histories in recruiting employees and setting compensation. Key Elements of the Act: Currently, Oregon requires only equal pay between “the sexes.” Under … Continue Reading

[Podcast] The Proskauer Brief: Congressional Legislation Update

By Allan Bloom and Rachel Philion on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, The Proskauer Brief Podcast, Wage and Hour
Which federal bills will become law? Proskauer partner Allan Bloom and associate Rachel Philion run through some of the key proposed congressional legislation in the pipeline that we are keeping our eyes on, and provide insight into the potential implications for employers if they pass. We also provide an update on developments from the U.S. Department of … Continue Reading

Final Regulations for New York State Paid Family Leave Law Adopted

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences
Leave of absence formThe New York Workers Compensation Board (the “Board”) has adopted final regulations for implementation of the New York Paid Family Leave Law (“PFLL”).  The final regulations are effectively immediately. Long awaited by New York employers, the final regulations make several changes to the prior proposed regulations, which were issued by the Board in May and … Continue Reading
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