The Bottom Line New York’s new laws prohibit employers from inquiring about job applicants’ salary history, or from paying employees in any protected class less for substantially similar work. Employers should consider providing new training to human resources professionals and hiring managers Continue Reading
New York State Legislation Significantly Expands Workplace Harassment Protections
The Bottom Line New York State’s new legislation will provide workers with significantly expanded protections against workplace harassment, including a lower standard for asserting — and prevailing — on harassment claims and the availability of punitive damages and attorneys’ fees for successful Continue Reading
Massachusetts Issues Revised Regulations and Agency Guidance in Preparation for Paid Family and Medical Leave Law Taking Effect
Update as of June 17, 2019 Massachusetts lawmakers have extended by three months the implementation date for the Massachusetts Paid Family and Medical Leave (PFML) program. The start date for required payroll withholdings has been extended to October 1, 2019 (a three month delay from the Continue Reading
New York Manual Workers Who Are Not Paid Weekly Can Bring an Action for Damages
The Bottom Line New York employers should review and assess their pay practices in light of the recent interpretation of New York Labor Law’s frequency of pay requirements. Violation of the frequency of pay requirements may result in significantly monetary liability for liquidated damages, Continue Reading
EEOC Requires Employers to Collect and Submit Pay Data by September 30, 2019
Update The EEOC announced in September 2019 that it will not be collecting Component 2 data (i.e., pay and hours data) for the EEO-1 report after 2019, citing the administrative and financial burden on employers in complying with the requirement. The EEOC will continue its annual collection of Continue Reading
New Jersey Expands Scope of Paid Family Leave and Benefits
The Bottom Line New Jersey employers should review and revise their leave policies as necessary to comply with the new requirements. They should also be prepared to field increased requests for leave, given the expanded circumstances under which employees may take family leave. Additionally, 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
Enhancing Enforceability of Restrictive Covenants Against Terminated Employees
The Bottom Line Employers seeking to enforce post-employment restrictions against terminated employees will face an uphill battle if they are unable to demonstrate that the employee was terminated with cause. There are two ways for employers to mitigate this situation. First, they should maintain Continue Reading
California Employee Non-Solicitation Provisions Face Unpredictability
The Bottom Line The California Court of Appeal rejected an employee non-solicitation provision for recruiters, and one federal court in California has taken a broad reading of that decision and concluded that all employee non-solicitation provisions are invalid. This development serves as a Continue Reading
New York City Law Expanding Employers’ Lactation Accommodation Obligations Goes Into Effect on March 18, 2019
The Bottom Line Before March 18, 2019, New York City employers with four or more employees should review their written policies and HR practices in advance to ensure that they have the appropriate space to satisfy the law’s lactation room requirements and that they provide a compliant lactation Continue Reading