Category: Employment & Labor

September 22, 2023

The EEOC has released its new Strategic Enforcement Plan (“SEP”) for Fiscal Years 2024-2028. The SEP lays out the EEOC’s enforcement priorities to focus and coordinate the agency’s work over multiple years “to have a sustained impact in advancing equal […]

September 21, 2023

The EEOC has released its new Strategic Enforcement Plan (“SEP”) for Fiscal Years 2024-2028. The SEP lays out the EEOC’s enforcement priorities to focus and coordinate the agency’s work over multiple years “to have a sustained impact in advancing equal […]

September 20, 2023

On August 30, 2023, the U.S. Occupational Safety and Health Administration (OSHA) published a notice of proposed rulemaking (NPRM) to amend its regulations regarding who employees may authorize to act as their representative and accompany the Compliance Safety and Health […]

September 19, 2023

On September 15, 2022 California Governor Gavin Newsom signed the California Age-Appropriate Design Code Act (CAADCA) into law. The CAADCA takes effect July 1, 2024, and brings vast changes to the online compliance landscape with regard to children’s privacy and […]

September 18, 2023

Noncompetes are under siege on multiple fronts. Highlighted on the national stage by President Biden’s July 9, 2021, Executive Order on Promoting Competition in the American Economy, noncompetes have been under attack from state and federal legislatures, the Federal Trade […]

September 15, 2023

On April 28, 2023, the IRS Office of Chief Counsel issued Chief Counsel Advice Memorandum 202317020 (CCA Memo), with an important reminder to employers who provide health and dependent care flexible spending arrangements (FSAs) under an Internal Revenue Code (Code) […]

September 11, 2023

On May 26, 2023, New York City Mayor Eric Adams signed into law an amendment to the New York City Human Rights Law (NYCHRL) that bans employment discrimination on the basis of an individual’s height and/or weight. The amendment thus […]

September 11, 2023

The recently enacted Pregnant Workers Fairness Act (PWFA) requires covered employers (i.e., public or private employers with more than 15 employees) to provide reasonable accommodations to “qualified” employees or candidates with a known limitation related to pregnancy, childbirth, or related […]

September 7, 2023

On August 31, 2023, the National Labor Relations Board’s Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National Labor Relations Act (NLRA) to include […]

September 6, 2023

Flight attendant Charlene Carter sued her employer and her union alleging, among other things, that they discriminated against her on the basis of religion, in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”). In July […]

September 5, 2023

In December 2021, President Biden signed the UFLPA into law to restrict the import of goods mined, produced, or manufactured, in whole or in part, using forced labor from the Xinjiang Uygur Autonomous Region (XUAR), which we discussed here. A […]

September 1, 2023

On Aug. 25, 2023, the National Labor Relations Board (NLRB) published a final rule regarding election proceedings. In issuing the rule, the NLRB reinstated election procedures it issued in 2014. These procedures shorten the union election and certification processes and […]

September 1, 2023

The Pregnant Workers Fairness Act (PWFA), which was signed into law on December 29, 2022, went into effect on June 27, 2023. The EEOC has started to accept PWFA charges and has issued guidance and resources to help employers comply […]

August 31, 2023

As the public and private sectors continue to struggle with harnessing the opportunities and risks associated with AI, New York City tackled a discrete area of AI-related concern – employment and recruiting – with the implementation of Local Law 144 […]

August 30, 2023

The Department of Labor (DOL) has proposed an increase to the Fair Labor Standards Act’s (FLSA’s) annual salary-level threshold to $55,068 from $35,568 for white-collar exemptions to overtime requirements. The department also is proposing automatic increases every three years to […]

August 29, 2023

On August 25, 2023, the National Labor Relations Board (NLRB) issued a decision that significantly narrows employers’ options in contesting union organizing efforts through secret ballot elections. The case, Cemex Construction Materials Pacific, LLC, reverses the NLRB’s 1971 Linden Lumber […]

August 25, 2023

In June 2023 the Supreme Court of Appeal held, on a number of grounds, that no wrongfulness had been established by a teacher who took early retirement allegedly because she had been victimised, suffered clinical depression and consequently retired early. […]

August 23, 2023

On Aug. 9, 2023, a tutoring company agreed to pay $365,000 to settle an artificial intelligence (AI) lawsuit with the Equal Employment Opportunity Commission (EEOC). The settlement comes on the heels of multiple EEOC warnings to employers about potential discrimination […]

August 22, 2023

On August 8, 2023, the United States Department of Labor (DOL) issued a final rule interpreting the federal Davis-Bacon Act, the federal law governing payment of wages to construction workers working on federally funded public works projects. Among other things, […]

August 17, 2023

A Macau court recently held in favor of non-resident Filipino workers who brought claims for unpaid wages against a cleaning service provider. The landmark ruling — finding the employer liable for multiple labor violations — sets significant precedent for safeguarding […]