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On August 1, 2023, the Department of Homeland Security (“DHS”) introduced a process for qualified E-Verify employers to complete I-9 verification in a completely remote manner. Unlike during the DHS COVID-19 temporary flexibilities period, this alternative procedure does not require a physical...
Last week, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued proposed regulations implementing the Pregnant Workers Fairness Act (“PWFA” or the “Act”). The public has until October 10 to comment on the EEOC’s proposed regulations. Background: The Pregnant Workers Fairness Act The PWFA...
As employees continue to work fully remote, courts will be tasked with determining what state discrimination law applies to an employee who does not live or work in the same state as their employer. In grappling with this question with no precedent from New Jersey’s highest court, the United States...
Since 2017, employers have been able to rely on The Boeing Company, 365 NLRB No. 154 (2017) (“ Boeing”), for relatively clear guidance on the lawfulness of their work rules (including employee handbook policies and manuals). In Boeing, the Board delineated categories of work rules: certain rules...
Last week, the Supreme Court issued two significant decisions impacting employers nationwide. The Court’s holding in Groff v. DeJoy requires employers to grant religious accommodations to employees, unless such accommodations would cause substantial increased costs in relation to the conduct of the...
New York is on the brink of joining the growing list of states and federal agencies that disfavor or outright ban non-compete agreements. On June 20, 2023, the New York legislature passed a bill that would prohibit employers in the state from using non-compete agreements. The bill now awaits final...
New Jersey’s adult-use cannabis law does not provide aggrieved individuals with a private right of action, according to a recent decision from a New Jersey federal court. The Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”), authorizes the legal sale and use...
On May 25, 2023, Florida Governor Ron DeSantis signed legislation amending the Florida Telephone Solicitation Act (“FTSA”). The amendment is intended to reign in the proliferation of individual and consumer class actions filed under the FTSA against businesses. The amendment covers several key areas...
Attention employers -- some mandatory labor and employment law posters just received updates to reflect new laws and updates to existing laws. In April 2023, the United States Department of Labor (USDOL) gave the FLSA Poster a facelift, adding details of the recently-passed PUMP Act to its content...
Following a growing trend across the nation, on May 17, 2023, the Illinois House of Representatives passed a bill (previously approved by the Illinois Senate) that would make Illinois the 5th US state to require pay transparency in employee recruitment. The bill now heads to Governor Pritzker, who...
The Legislature’s Prohibition of Covenants Not to Compete On May 16, 2023, the Minnesota legislature issued a conference committee report on a bill that would render void and unenforceable “covenants not to compete” in agreements between employers and employees. Governor Walz is expected to sign the...
On May 1, 2023, the U.S. Department of Labor announced that the U.S. Occupational Health and Safety Administration (“OSHA”) has begun a National Emphasis Program (“NEP”) to prevent workplace falls, effective immediately. The NEP focuses on reducing fall-related injuries and fatalities for people...
On March 23, 2023, the U.S. Court of Appeals for the Second Circuit held that the Consumer Financial Protection Bureau’s (the “CFPB”) funding structure is constitutional. The Second Circuit’s three-judge unanimous panel decision in the case, captioned Consumer Financial Protection Bureau v. Law...
New Guidance for Employers on Severance/Separation Agreements The National Labor Relations Board’s recent McLaren Macomb decision, discussed here, regarding the lawfulness of confidentiality and non-disparagement provisions in severance agreements, left several unanswered questions. NLRB General...
On March 7, 2023 the U.S. Department of Housing and Urban Development (the “HUD”) Secretary, Marcia L. Fudge, issued a public memorandum (the “Memo”) expressing concern over a lack of transparency in fees charged to residential tenants. The Memo calls on housing providers and state and local...
The continued efforts of the National Labor Relations Board (NLRB) to roll back pro-employer rulings issued during the Trump Administration took a big jump forward recently when the Board effectively barred the use of certain types of confidentiality and non-disparagement provisions in severance...
On February 28, 2023, the Federal Trade Commission (“FTC”) and Consumer Financial Protection Bureau (“CFPB”) issued a Request for Information (“RFI”) seeking public comment on background screening issues affecting rental housing applicants and tenants in the United States. The 10-page RFI, which the...
Last week, in Helix Energy Solutions Group, Inc. v. Hewitt, the Supreme Court reminded employers that high-earning professionals are only exempt from overtime under the FLSA if they are paid on a salary basis. The case concerned Michael Hewitt, an oil rig worker who earned over $200,000 annually...