The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act) were enacted through the Consolidated Appropriations Act of 2023. Together, these two Acts establish enhanced protections for childrearing employees and impose additional obligations on employers.
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New Federal Laws Enacted Through Consolidated Appropriations Act of 2023 Strengthen Workplace Protections for Pregnant and Nursing Employees Posted on: January 26, 2023 In: Labor & Employment
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The New Mexico Healthy Workplaces Act: An Overview Posted on: January 19, 2023 In: Labor & EmploymentUnder the New Mexico Healthy Workplaces Act (NM HWA), which went into effect on July 1, 2022, employers in New Mexico are now required to provide paid sick leave to all employees, whether full-time, part-time, seasonal, or temporary, hourly and salaried (exempt or non-exempt), at the employee’s usual hourly rate. This post provides an overview of this Act.
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Third Circuit Narrows Ellerth-Faragher Affirmative Defense in Hostile Work Environment Cases Posted on: January 18, 2023 In: Labor & EmploymentThe Third Circuit Court of Appeals, in O’Brien v. The Middle East Forum, et al., No. 2102646 (3d Cir. Jan. 5, 2023), narrowed the Ellerth-Faragher affirmative defense in hostile work environment cases. The Third Circuit held that an employer cannot raise this affirmative defense if the harasser functions as the employer’s “proxy” or “alter ego.” Instead, an employer is strictly liable for harassment perpetrated by its proxy or alter ego.
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Sports Law: A Year in Review & What to Watch for in 2023 Posted on: January 13, 2023 In: Sports LawIn 2022, the area of sports law experienced major developments across the country, many of which will continue their trajectory of change in the new year. In this post, we summarize the most significant sports law events of 2022 and predict the areas we anticipate will continue to see development in 2023.
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City of Gainesville Becomes First Florida City to Pass Ordinance Limiting Private Employers’ Use of Criminal Histories in Hiring, Employment Posted on: January 11, 2023 In: Labor & EmploymentOn December 22, 2022, the City of Gainesville, Florida passed the Fair Chance Hiring Ordinance (Ordinance No. 2022-617). The ordinance prohibits employers with 15 or more employees from asking any questions regarding an applicant’s criminal history in the application process.
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Federal Trade Commission Cracks Down on Non-Compete Agreements Posted on: January 06, 2023 In: Labor & EmploymentIn three separate actions and with a recent proposed rulemaking, the Federal Trade Commission (FTC) challenged the use and enforceability of non-compete agreements (NCAs). First, the FTC took action against three separate companies with regard to their use of NCAs. Generally, the FTC complained that the NCAs used were overly broad, applied to lower wage and unskilled workers, and were used in concentrated markets.
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New York Employers May Not Penalize Employees for Lawful Absences Posted on: January 04, 2023 In: Labor & EmploymentAs is seemingly customary at this point, New York employers cannot ease into the New Year and must instead revisit their employee handbooks due to a recent amendment to the New York Labor Law that takes effect February 19, 2023. The Lawful Absence Law amends Section 215 of the Labor Law to bar employers from disciplining employees who take legally protected time off from work.
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Can I Arbitrate Private Attorneys General Act Claims in California? Posted on: December 21, 2022 In: Labor & EmploymentA common question California employers have is whether they can arbitrate wage and hour claims brought under the Private Attorneys General Act – commonly known as PAGA – in California. Until recently, the answer to that question has been a resounding “no” ever since a 2014 California Supreme Court case held that employers cannot make employees waive their rights to bring PAGA claims on a group-wide basis through an arbitration agreement.
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NLRB Reclassification Efforts of Student-Athletes Moves Forward Posted on: December 16, 2022 In: Sports LawThe National Labor Relations Board’s Division of Advice has directed the Regional Director of NLRB Region 31 (the L.A. Regional office) to proceed with the issuance of a formal complaint arising from an unfair labor practice charge filed against the University of Southern California, the Pac-12 Conference, and the NCAA alleging that revenue-generating athletes are currently illegally misclassified as student-athletes rather than as employees pursuant to the National Labor Relations Act.
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Just In Time: Last Minute Compliance Tips for the CPRA and VCDPA Posted on: December 06, 2022 In: Data Privacy & CybersecurityDecember is a busy time for businesses and individuals alike and the last thing anyone wants is more on their to-do list. However, we encourage organizations to take stock of their privacy program, and to pay particular attention to the new privacy laws that will become effective on January 1, 2023: the California Privacy Rights Act (CPRA) and the Virginia Consumer Data Protection Act (VCDPA). Businesses with operations in these states should assess whether the new laws apply to them and what to do next.
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New York State Joins Growing Number of States Offering NIL Rights to Student-Athletes Posted on: December 01, 2022 In: Sports LawNew York has become the most recent state to adopt a name, image, and likeness (NIL) law. Consistent with all state laws passed to date, the New York Collegiate Athletic Participation Compensation Act authorizes college athletes to monetize their NIL rights without jeopardizing their eligibility or creating any risk of having their college scholarship revoked for asserting their right to utilize their NIL rights.
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A CROWNing Achievement for Massachusetts Posted on: November 01, 2022 In: Labor & EmploymentOn the heels of other jurisdictions that have enacted similar legislation over the past few years, Massachusetts Governor Charlie Baker signed the CROWN Act into law on July 26, 2022, making Massachusetts the 18th state to enact such protections. The Massachusetts CROWN Act went into effect on October 24, 2022.
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