Earlier this summer, the U.S. Department of Education’s Office for Civil Rights (OCR) released its revised Case Processing Manual (CPM). The OCR often enforces civil rights laws and handles investigations of our nation’s schools. The CPM identifies the policies and procedures that the OCR relies on when investigating and resolving complaints. The revised CPM makes several notable changes and suggests that the OCR will take a more aggressive stance moving forward on complaints it receives.
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Dept. of Ed. Office of Civil Rights Updates Case Processing Manual, Signaling Aggressive Posture Moving Forward Posted on: September 28, 2022 In: Labor & Employment
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Three Key Employment Law Considerations for Film Studios and Production Companies Posted on: September 27, 2022 In: Labor & Employment
Employment law compliance continues to be an active risk mitigation area for film production companies and producers on film projects. This post covers three important considerations to help limit exposure before the cameras start rolling.
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Pennsylvania Federal Court Dismisses Religious Discrimination Class Action Challenge to Healthcare Employer’s Mandatory COVID-19 Vaccine, Testing Requirements Posted on: September 22, 2022 In: Labor & Employment
On August 26, 2022, a putative class action brought on behalf of over 100 employees of a healthcare clinic, challenging the clinic’s policy requiring that its employees either receive COVID-19 vaccines or be tested twice weekly for the virus, was dismissed by the U.S. District Court for the Middle District of Pennsylvania. The court rejected the claim that the employer’s COVID-19 vaccination and testing requirements constituted religious discrimination.
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California Set to Expand Employee Access to Salary Information Through Amendment to Pay Data Reporting Law Posted on: September 19, 2022 In: Labor & Employment
On August 30, 2022, the California legislature sent Senate Bill 1162 (SB 1162) to the desk of Governor Gavin Newsom. If signed into law, SB 1162 will impose two general obligations upon California employers: (1) to include a job position’s pay scale or salary range in any corresponding job posting or advertisement, and (2) to publish annual pay data reports.
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California Employers: Four Things to Consider When Providing an Employee with an Arbitration Agreement for Review and Signature Posted on: September 13, 2022 In: Labor & Employment
Despite a California employer having an arbitration agreement that satisfies all the requisite factors set forth by the state’s Supreme Court in Armendariz v. Foundation Health Psychcare Services, Inc., often times an employee will attempt to challenge the method in which the arbitration agreement was presented to them in order to invalidate the agreement and ensure the case remains in court. Here are some tips for California employers to consider when presenting an employee with an arbitration agreement.
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Four Tips for Accommodating Mental Health Diagnoses in the Workplace Posted on: September 08, 2022 In: Labor & Employment
Mental health has traditionally been stigmatized more than physical ailments or disabilities. However, in large part due to the COVID-19 pandemic, the stigma surrounding mental health is lessening and discussions around mental health in the workplace have become more commonplace. As such, employers are seeing an increase in mental health diagnosis disclosures and accommodation requests. Here, we share four tips for employers to keep in mind when an employee discloses a mental health diagnosis.
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Five Tips for Using Independent Contractors in California Posted on: September 07, 2022 In: Labor & Employment
In Dynamex Operations v. Superior Court of Los Angeles, the California Supreme Court adopted the ABC Test for determining whether certain workers should be classified as independent contractors. It's an employee-friendly test that presumes a worker is an “employee” by shifting the burden of proof onto the employer. While it does pose a bigger hurdle for companies that want to use independent contractors, it is not insurmountable. Here are some key tips for using correctly classified independent contractors.
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Have a Seat: California Court of Appeal Provides Guidance on Requirement That Employer’s “Provide” Suitable Seating in the Workplace Posted on: September 01, 2022 In: Labor & Employment
On July 19, 2022, the California Court of Appeal issued a published opinion holding there was a triable issue as to whether the employer “provided” suitable seating to its customer service employee at the front of the store by placing seats at workstations in another area and not advising her of the availability of the seating, thereby overturning a lower court’s summary judgment for the employer.
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Federal Appellate Court Extends ADA Employment, Public Accommodations, and Transportation Protections to Transgender People Posted on: August 30, 2022 In: Labor & Employment
On August 16, 2022, the U.S. Court of Appeals for the Fourth Circuit – one of the nation’s historically conservative jurisdictions – became the first federal appellate court to extend Americans with Disabilities Act (ADA) protections to transgender people, declaring that gender dysphoria can qualify as a disability under the ADA, reviving a disability discrimination lawsuit brought by a transgender woman over a Virginia detention center’s decision to place her in men’s housing.
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New Posters Required to Be Displayed by New Jersey Employers Posted on: August 29, 2022 In: Labor & Employment
On the heels of the adoption by the New Jersey Division on Civil Rights (DCR) of a new “Know Your Civil Rights” campaign, the DCR has issued new and updated rules and regulations to raise public awareness about civil rights under the New Jersey Law Against Discrimination (LAD) and Family Leave Act (FLA). The new regulations, which took effect on August 1, 2022, update the DCR’s requirements for the posters that covered entities are required to conspicuously display.
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How Corporate Social Responsibility Can Help Reduce Liability & Five CSR Initiatives You Can Start Today Posted on: July 27, 2022 In: Labor & Employment
Corporate social responsibility, or CSR, is a form of self-regulation that reflects a business' accountability and commitment to contributing to the well-being of communities and society through various environmental and social measures. What does CSR have to do with employment law? According to Deloitte’s 2021 Millennial and Gen Z Survey, everything. The study found that the modern workforce prioritizes culture, diversity, and high impact over financial benefits.
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Planning for DOL’s Anticipated Regulatory Agenda: What Employers May Expect Posted on: July 26, 2022 In: Labor & Employment
Over the last year, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) has stepped up enforcement proceedings in traditional high-priority areas, including tipped employee wages, employee meal break and rest periods, and misclassification of workers as independent contractors. Now, the DOL WHD is poised to raise the compensation threshold level for white-collar exemptions to the Fair Labor Standards Act overtime requirements, with a Notice of Proposed Rulemaking by October 2022.
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