On September 9, 2022, the New Jersey Cannabis Regulatory Commission (the “Commission”) issued guidance for employers on how to evaluate suspected cannabis impairment in the workplace. Although the guidance leaves some questions unanswered, it should provide some comfort to employers operating in an…
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ICE Proposed Rule Offers Employers Alternatives for Physical Review of Documents for Form I-9
By Publisher
On August 19, 2022, U.S. Immigration and Customs Enforcement (ICE) announced that it would be creating a rule with possible alternatives to the document review process of Section 2 documents for Form I-9, Employment Eligibility Verification.[1] The proposed rule would allow the Secretary of…
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Washington, D.C. Narrows Ban on Non-Compete Agreements
By Publisher
For the second time in a two-year span, the D.C. City Council voted in favor of largely banning non-compete agreements within the District. As we wrote in May 2021, the D.C. City Council initially passed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), which would have imposed…
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New EEOC Guidance Requires Employers To Think Twice Before Asking Employees To Swab On The Job
By Publisher
This is a summer when many employees (and employers) may be done with COVID-19, but the virus is not done with us. While government mandates have virtually disappeared, the expected surge of omicron variants during 2022, and the resulting increase in absenteeism due to illness and quarantine…
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Illinois Employment Law Alert: Illinois Meal Break and Bereavement Leave Laws Updated
By Publisher
On May 13, 2022, Governor J.B. Pritzker signed Senate Bill 3146, amending the Illinois “One Day Rest in Seven” Act into law. Shortly after, Governor Pritzker signed into law Senate Bill 3120, the Family Bereavement Leave Act, which amends the Child Bereavement Leave Act. Illinois employers should…
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Chicago Employers: Immediate Updates Needed to EEO Practice in Light of Amendments to City of Chicago Human Rights Ordinance
By Publisher
On April 27, 2022, the Chicago City Council amended the Chicago Human Rights Ordinance (CHRO). The amendments bolster the city’s sexual harassment laws and include enhanced protections for victims of sexual harassment in the workplace. The city’s press release announcing the changes can be accessed…
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May 7th Compliance Deadline for New York Employers to Notify Employees of Electronic Monitoring
By Publisher
Pursuant to an amendment to the New York Civil Rights Law that will take effect on May 7, 2022, private-sector employers that monitor their employees’ use of telephones, email, and the internet must notify employees of any electronic monitoring practices.
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Philadelphia Employers Must Now Offer Paid COVID Sick Leave Through December 2023
By Publisher
On March 10, 2022, Mayor Jim Kenney signed bill 220051-A expanding COVID-19 Supplemental Paid Sick Leave (SPSL) until December 31, 2023. The law requires covered employers to give eligible employees up to 40 hours of additional paid time off for specified COVID-19 purposes, with only limited…
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Appellate Court Invalidates Application of New Jersey LAD Amendment
By Publisher
In a matter of first impression, the New Jersey Appellate Division issued a decision invalidating a recently enacted provision of the New Jersey Law Against Discrimination (“LAD”) which prohibited arbitration of LAD claims. The Appellate Division determined this provision of LAD was preempted by…
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Legislature Passes Bill Barring Arbitration of Workplace Sexual Harassment Claims
By Publisher
On Thursday, February 10, 2022, the United States Senate passed a bill amending the Federal Arbitration Act (“FAA”) to prohibit compulsory arbitration for individual, joint, class or collective action claims based on workplace sexual harassment and/or sexual assault. The House bill, which generated…
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OSHA Vaccine Mandate Reinstituted, but Enforcement Deadline Delayed
By Publisher
On December 17, 2021, the Sixth Circuit Court of Appeals dissolved the previously-issued stay on the Occupational Safety and Health Administration’s (OSHA) vaccine or testing requirement for private employers with at least 100 employees. OSHA originally instituted the requirement through an…
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Federal Court Blocks Federal Contractor Mandatory Vaccination Rule From Taking Effect
By Publisher
On Tuesday, December 7, 2021, a federal judge in Georgia issued a nationwide preliminary injunction halting the enforcement of the federal mandate that obligates many federal contractors and subcontractors to require their employees to be fully vaccinated against COVID-19. As discussed in a…
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End of Year Reminders for Illinois Employers
By Publisher
With the calendar flipping to December, businesses should take stock of their employment policies and practices in preparation for the new year. Below we identify a few issues (other than COVID-19-related issues) that employers should have on their radar as 2021 comes to a close. Sexual Harassment…
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SEIU and ABOMA Agree on COVID-19 Vaccination Rules for Unionized Employees
By Publisher
SEIU and ABOMA Agree on COVID-19 Vaccination Rules for Unionized Employees This alert contains time-sensitive material – all building owners or condominium associations that wish to require vaccination must “opt-in” by October 12, 2021 As COVID-19 continues to ravage our country and vaccination…
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EEOC Files First Lawsuit Against Employer for Failing to Accomodate Work Request due to COVID-19
By Publisher
Along with the new wave of post-COVID litigation surfacing across the country, the EEOC has now brought its first lawsuit against an employer for allegedly failing to accommodate and unlawfully terminating a disabled employee who had requested to work remotely due to COVID-19. In this case, EEOC v…
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President Biden's Mandatory Vaccination Action Plan – More Questions Than Answers
By Publisher
On September 9, 2021, President Biden announced a series of federal COVID-19 mitigation efforts, which represent an invigorated national approach to reduce COVID-19 transmission and rapidly increase vaccination rates across the country. In addition to a pair of executive orders issued by the…
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