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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Affirmed: Pennsylvania's Appellate Court Says "Yes" to Private Right of Action Under Medical Marijuana Act
By Publisher
In a matter of first impression, Pennsylvania’s Appellate Court issued a decision affirming a private right of action under Pennsylvania’s Medical Marijuana Act (“MMA”) and permitting a claim to proceed for wrongful discharge in violation of Pennsylvania public policy. The Appellate Court’s…
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New Jersey Targets Health Care Entities and High-Risk Congregate Settings for Next Round of Vaccination Mandates
By Publisher
In what has become a national trend, the Garden State has issued an executive order requiring that certain health care entities and high-risk congregate settings implement a vaccination or test policy. Executive Order 252 goes into effect on September 7, 2021, and requires “covered workers” to…
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Kennedy v. Weichert Realtors: Employment Status of Real Estate Salespeople Under-Fire
By Publisher
On July 2, 2021, New Jersey’s Appellate Court upheld a ruling in Kennedy v. Weichert finding that the State’s ABC Test for deciding workers’ employment status applies to classification disputes made under New Jersey’s Wage Payment Law (“WPL”). The Court’s ruling comes just days before a flurry of…
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Guidelines for the Return to Office – Part 1: How to Handle Masking Under New and Evolving CDC Guidance
By Publisher
The More Things Change . . . This is the first in a series on key issues regarding the “Return to Office”. We started planning this series earlier this summer and, like many of our clients’ plans, it got delayed and kept evolving. We recognize that a significant number of employers have been back…
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CDC Issues New Guidance Urging Return to Mask-Wearing in Certain Areas
By Publisher
Following a hopeful reprieve early this summer from mask mandates, the aggressive spread of the Delta variant of COVID-19 has renewed worldwide concern about COVID safety precautions. This concern is felt no greater than by employers as they prepare to or are in the throes of welcoming employees…
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Will Women Regain Ground Lost During The Pandemic?
By Publisher
Vaccinations are available and states are re-opening, but the number of women in the workforce due to the COVID-19 pandemic is still at historic lows. As companies begin to return their workers to the office, they should also begin thinking about how to reshape diversity and inclusion efforts in…
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