10/10/22
Although not the first of its kind, California Senate Bill 1162 (SB 1162) expands California’s already progressive pay and data reporting laws by requiring certain employers to provide more transparency on pay scales and expanding pay data …
I Now Pronounce You Joint Employers: The NLRB’s New Rule Would Expand Definition of Joint Employer
10/3/22
By: Jacob McClendon
On September 6, 2022, the National Labor Relations Board proposed a new rule that would expand the definition of “joint employer” under the National Labor Relations Act. The new rule proposes a much broader definition that would …
9/14/22
On Labor Day, California’s Governor, Gavin Newsom, signed Assembly Bill 257, the Fast Food Accountability and Standards Recovery Act (“the Act” or “FAST Recovery Act”) into law. The FAST Recovery Act aims to protect and give California …
Employee or Independent Contractor? The Connecticut Supreme Court Weighs In
9/8/22
By: Janice D. Lai
On August 16, 2022, the Connecticut Supreme Court addressed what may constitute an enterprise’s “usual course of business” under Part B of the three-part statutory ABC Test, Conn. Gen. Stat. §31-222, for whether an individual is …
8/30/22
By: Erin Lamb
A Seventh Circuit decision upholding the exclusion of pregnant workers from a Walmart distribution center’s temporary light duty policy is putting the spotlight on the Senate to pass The Pregnant Workers Fairness Act (“PWFA”). The PWFA is …
8/29/22
On June 15, 2022, the Supreme Court of the United States issued its highly anticipated decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. ___, 142 S.Ct. 1906 (2022), pertaining to the arbitrability of representative …
Massachusetts Enacts the Crown Act Banning Hairstyle Discrimination
8/11/22
By: Jennifer Markowski, R. Victoria Fuller, and Matthew Mattie
On July 26, 2022, Massachusetts joined 17 other states in prohibiting racial discrimination based on an individual’s natural hairstyle. The Creating a Respectful and Open World for Natural Hair …
EEOC Updates COVID-19 Workplace Testing Rules: What Employers Need to Know
8/9/22
By: Tia Combs
On July 12, 2022, the EEOC updated its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws: Technical Assistance Questions and Answers” by updating its guidance on when employers can …
7/29/22
By: R. Victoria Fuller and Sean Andrés Rapela
On July 27, 2022, the Massachusetts Supreme Judicial Court of (“SJC”) held that food delivery app drivers do not fall within the narrow category of employees who are exempt from arbitration under …
New York’s New Sexual Harassment Hotline Could Lead To A Surge In Claims For Employers
7/26/22
By: Kaitlyn Grajek
New York employers should brace for a prospective uptick in sexual harassment claims as a statewide toll-free confidential hotline became active on July 14, 2022. According to a Press Release by the New York State Senate Democratic …
7/6/22
In a continuing trend toward the limitation of the enforcement of arbitration clauses in employment contracts, in Southwest Airlines Co. v. Saxon, the Supreme Court of the United States unanimously held that an airport ramp supervisor …
6/3/22
By: Courtney Knight
New Jersey recreational cannabis sales began April 21, 2022 and have since amounted $24 million in sales. But what happens when all of those legal users show up to work and/or apply for a new job? The …