Showing 31 posts from 2022.

The 12 Days of California Labor & Employment - Day 3 "COVID Presumption Extended"

December 12, 2022 by Mellissa A. Schafer

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this third day of the holidays, my labor and employment attorney gave to me: three French hens and AB 1751. More ›

The 12 days of California Labor & Employment Series – Day 2 "Mandatory Bereavement Leave"

December 9, 2022 by Mellissa A. Schafer

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this second day of the holidays, my labor and employment attorney gave to me: two turtle doves and AB 1949. More ›

The 12 days of California Labor & Employment Series – Day 1 "Additional CFRA Expansion"

December 8, 2022 by Mellissa A. Schafer

The end of the year is coming to a close, and employers need to be aware of the changes and updates for 2023. While COVID-19 laws have been trimmed down, COVID-19 remains part of the 2023 employment update. As usual, California employers are also expected to learn and comply with the new laws coming down the pipeline in 2023. A glimmer of hope came in the fact that 2022 saw the least amount of new employment laws being passed in many years, leading to what we hope will be a calmer 2023 involving local and state mandates, orders, and laws. However, before we pop the champagne and say goodbye to 2022, it is time to reprise our annual review of key California labor and employment law developments. In the spirit of the season, we are using the "12 days of the holidays" blog series to address new California laws and their impact on California employers. So, on the First Day of the Holidays, my Labor and Employment attorney gave to me - a partridge in a pear tree and AB 1041. More ›

Westchester County in New York Passes Wage Transparency Law

October 27, 2022 by Jason S. Greenfield

A local Law amending Westchester County's Human Rights Law  will go into effect on November 6, 2022. The new Law prohibits an employer (any person with at least four employees), labor organization, employment agency, or licensing agency from posting a job, promotion, or transfer opportunity without stating the minimum and maximum salary for such position. The provided salary range may extend from the lowest to the highest salary that the employer believes in good faith, at the time of posting, would pay for the advertised job opportunity. More ›

The "Gig" is Up: DOL Proposes Rule That Would Classify More Independent Contractors as Employees

October 13, 2022 by Corey J. Swinick

The U.S. Department of Labor (DOL) has proposed a rule that would make it more difficult for companies to treat workers as independent contractors. The proposed rule would return to a "totality-of-the-circumstances" analysis of the economic realities test—in which the factors do not have a predetermined weight and are considered in view of the economic reality of the whole activity. The DOL said it will consider, among other factors, the worker's "opportunity for profit or loss, investment, permanency, the degree of control by the employer over the worker, whether the work is an integral part of the employer's business, and skill and initiative." More ›

New York City to End Its Private Sector COVID-19 Vaccine Mandate

October 5, 2022 by Jason S. Greenfield

On September 20, 2022, Mayor Eric Adams announced that New York City will end its COVID-19 vaccination mandate for private sector employees, effective November 1, 2022. Since December 27, 2021, private and public employees working in New York City were required to provide their employer with “proof of vaccination” before entering the workplace—subject to an employee’s approved religious or medical accommodation. Employees who did not provide their employer with proof of vaccination were prohibited from entering the workplace, with very limited exceptions. More ›

NLRB Continues Regulatory Ping Pong With New Proposed "Joint Employment" Standard

September 21, 2022 by Jack Shadid, Aimee E. Delaney

On September 7, 2022 the National Labor Relations Board (NLRB or the Board) issued a new Proposed Rule governing joint employer status. The proposed rule seeks to change the standard for determining whether two collaborating employers will be considered joint employers under the National Labor Relations Act (Act). If finalized, the new rule is expected to take effect in 2023. More ›

Interpreting SCOTUS Precedent, Seventh Circuit Unanimously Rejects the EEOC's Claim That Wal-Mart's Light Duty Program Discriminated Against Pregnant Workers

August 22, 2022 by Amanda Tzivas, Aimee E. Delaney

Seven years after the Supreme Court's decision in Young v. UPS articulated the legal standard required to establish intentional discrimination in the context of pregnancy discrimination, the United States Court of Appeals for the Seventh Circuit unanimously affirmed summary judgment in favor of the employer and its light duty policy, which was limited only to employees injured on the job. If you initially scratched your head and wondered how such a decision could be reached post-Young, we'll help unpack the apparent discrepancy. More ›

Sixth Circuit Decision In Police Officer Termination Case Offers Valuable Insights for Public Employers in Addressing Complaints About Systemic Workplace Concerns

July 27, 2022 by Ambrose V. McCall

Public employers have interests that differ from private employers. While both types of employers seek to increase their revenues, public employers have additional concerns that can take priority over short-term budgetary interests, such as maintaining public safety. Those interests can conflict with their employees' First Amendment rights to communicate on matters of public concern. In these circumstances, the law must balance the interests of public sector employees to speak on matters of public concern and the interests of public employers in applying proper workplace rules that promote and maintain cohesion, order, and teamwork—especially in the area of law enforcement. More ›

Amendment to New York State Human Rights Law Establishes Toll-Free Confidential Hotline For Workplace Sexual Harassment Complaints

July 7, 2022 by Jason S. Greenfield

An amendment to the New York State Human Rights Law is set to go into effect on July 14, 2022. The new law directs the New York State Division of Human Rights (Division) to operate a toll-free confidential hotline, during regular business hours, which will provide counsel and assistance to individuals with complaints of workplace sexual harassment. The Division is required to recruit attorneys who have experience in handling sexual harassment matters to provide advice and legal services—on a pro-bono basis—to hotline callers. It should be noted, that participating attorneys are prohibited from soliciting or permitting their employees to solicit on the attorney’s behalf, “further representation of any individuals they advise through the hotline relating to discussed sexual harassment complaint.” More ›

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