The Bottom Line In the wake of the Coronavirus outbreak, employers are seeking advice on how to best protect the health and safety of their employees. Coronavirus is a respiratory virus that spread rapidly after first being identified in Wuhan, China. While the World Health Organization has Continue Reading
Employers Risk FMLA Claims for Terminating Employees Whose Unexplained Absences May Be Medically Related
The Bottom Line The Villagomez decision highlights the legal risks in automatically firing an “AWOL” employee. Under the FMLA, employers have an obligation to follow up on facts, however scant, suggesting that unexplained absences may be due to medical reasons. HR and supervisors should share Continue Reading
California Employers Required to Provide Sexual Harassment Prevention Training to All Employees by January 1, 2020
Update as of September 2019 The Bottom Line In further statutory recognition of the #MeToo movement, California — like New York — has implemented more stringent training requirements for employers. On September 30, 2018, California passed SB 1343, a bill requiring all California Continue Reading
Beginning October 29, 2018, New Jersey Employers Must Provide Paid Sick Leave
The Bottom Line On October 29, 2018, New Jersey employers will be required to provide eligible employees with up to 40 hours of paid sick leave per year under the New Jersey Paid Sick Leave Act (the Act). The Act, which preempts all New Jersey sick leave ordinances, follows the trend Continue Reading
New York City Law Requiring “Cooperative Dialogue” for Reasonable Accommodation Requests Goes into Effect on October 15, 2018
The Bottom Line New York City employers should act quickly to ensure compliance with new laws that expand employee reasonable accommodation and disability rights. At a minimum, employers should update employee handbooks to: (1) explain the procedures that eligible employees should follow when Continue Reading
New York State Publishes Final Sexual Harassment Prevention Policy and Training Materials
As we previously reported in April 2018, New York State lawmakers recently passed legislation aimed at combating workplace sexual harassment. The changes called for in the legislation include requiring employers to implement sexual harassment prevention policies and training. More than Continue Reading
Employers Beware: New EU Data Law May Impact Employee Benefits
The Bottom Line GDPR is already in effect and fines could be levied for non-compliance. U.S. based employers should work with their legal counsel to review their plan participant population to determine whether GDPR applies and to ensure that GDPR's requirements are satisfied. May 25, 2018 was Continue Reading
Student Loan Repayment Benefit Under a 401(k) Plan: An Important New Benefit That Employers Can Offer Right Now
The Bottom Line Employers who wish to attract and retain a young and educated workforce should consider amending their 401(k) plans to provide this benefit. Employers interested in providing this student loan repayment benefit should consult with ERISA counsel prior to Continue Reading
Employers May be Required to Accommodate Employees Who Request to Work Part Time Due to a Disability, Even if They had Previously Worked in Full-Time Roles
The Bottom Line The fact that less than half of disabled individuals of typical working age report having jobs, despite protective laws like the ADA, means that courts are increasingly sympathetic to the requests of the disabled for accommodations. The Hostettler decision highlights a common Continue Reading
Stop Sexual Harassment Act Poster and Information Sheet Issued by NYC Commission on Human Rights
The Bottom Line To prepare for the new sexual harassment prevention requirements imposed by New York City law, employers should post the mandatory anti-sexual harassment rights and responsibilities poster in both English and Spanish. Employers should also incorporate the mandatory information Continue Reading