Many employers have already acted wisely by adopting policies to advise their employees that the employer reserves the right to engage in electronic monitoring of employee communications by phone and email, as well as employee internet access and usage. Effective May 7, 2022, New York employers will be obligated to adopt and enforce such policies if they do engage in such monitoring.
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New Electronic Monitoring Disclosures for New York Employers Posted on: November 18, 2021 In: Labor & Employment
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New Jersey Adds Age Discrimination Protections for Workers Aged 70 and Older Posted on: November 17, 2021 In: Labor & Employment
On October 5, 2021, New Jersey Governor Phil Murphy signed into law legislation that provides new protections for persons aged 70 and older under the umbrella of the New Jersey Law Against Discrimination (LAD). The new law is designed to enable older workers to “retire by their own volition” and protect their financial independence. The law is effective immediately.
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What Employers Need to Know About New York’s Expanded Paid Family Leave Law Posted on: November 15, 2021 In: Labor & Employment
On November 1, 2021, New York Governor Kathy Hochul signed into law a bill to expand New York’s Paid Family Leave Law to cover paid time off to care for siblings. The bill, Legislation S.2928-A/A.06098-A, does not go into effect until January 1, 2023. Nevertheless, employers should begin preparing for compliance with the updated law as the new year will be upon us very soon.
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Facing the “Quit and Sue” Scenario Posted on: October 06, 2021 In: Labor & Employment
Employers frequently face the scenario in which a former employee who resigned or quit sues for wrongful termination in violation of public policy, or other employment law theories, claiming the employer retaliated or discriminated against him or her. This is called the “quit and sue” lawsuit.
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Lactation in the Workplace: What Employers Need to Know Posted on: September 23, 2021 In: Labor & Employment
Americans, including many new mothers, are returning to the workplace following pandemic shutdowns. Over 80% of U.S. mothers breastfeed their babies after giving birth, according to a 2016 study from the Centers for Disease Control. Over half of those mothers are still breastfeeding once their babies reach six months old. A complicated tapestry of federal and state laws affects employers of lactating mothers.
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ERISA: Everything Ridiculous Imagined Since Adam, But Important Nonetheless Posted on: September 20, 2021 In: Labor & Employment
ERISA, also known as The Employee Retirement Income Security Act of 1974, is sometimes as confusing to judges as it is to lawyers. Therefore, it is not surprising that both large and small employers often fail to familiarize themselves with the basic tenets of ERISA before providing health insurance and other “welfare” benefits to their employees.
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Massachusetts Minimum Wage: Things Are Looking Up Posted on: August 31, 2021 In: Labor & Employment
On January 1, 2021, Massachusetts increased its minimum wage to $13.50 per hour (from $12.75 per hour). The Bay State will continue to raise this wage annually in steps ($0.75 per year) to reach a minimum wage of $15.00 per hour in January 2023. Of note, there are numerous circumstances in which different wages may be paid.
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Charlotte Enacts Non-Discrimination Ordinance: A Growing Trend Among Local Governments Posted on: August 27, 2021 In: Labor & Employment
Throughout the country, employers are being confronted with layers of laws that will likely further complicate the already complex task of managing a business. For example, on August 9, 2021, the Charlotte City Council amended its non-discrimination ordinance (NDO) to include broader anti-discrimination protections for individuals designated as “Protected Classes” by the city. The NDO created a new provision in the Charlotte City Code prohibiting employment discrimination by private employers.
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Important Updates on Colorado’s Equal Pay Transparency Rules Posted on: August 10, 2021 In: Labor & Employment
Colorado’s Equal Pay for Equal Work (EPEW) Act went into effect on January 1, 2021, prohibiting any employer from discriminating between employees on the basis of sex by paying an employee of one sex less than the rate paid to an employee of a different sex for substantially similar work. The Colorado Department of Labor and Employment (CDLE) recently adopted Equal Pay Transparency Rules, clarifying the internal and external job posting requirements of the EPEW Act for Colorado employers.
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7 Helpful Tips for Interviewing Potential Employees Posted on: August 05, 2021 In: Labor & Employment
As many businesses look optimistically into the future, they may be eager to hire new employees. Here are seven tips to help employers reduce risk of liability in interviewing job applicants.
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Colorado Enacts New Preferential Hiring Law for Veterans Posted on: July 30, 2021 In: Labor & Employment
On June 23, 2021, Colorado Governor Jared Polis signed a Veterans’ Hiring Preference law that will allow employers to show preference to veterans in hiring decisions in the Centennial State. Under the new law, C.R.S. § 8-1-153, private employers may enact a Veterans’ Preference Hiring Policy in which they prefer eligible veterans and eligible spouses of veterans over other applicants as long as the veteran or spouse is as qualified as other applicants.
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Wage Discrimination & Unequal Pay: Navigating Federal and California Laws Posted on: July 26, 2021 In: Labor & Employment
Although it has been over 50 years since the enactment of the federal Equal Pay Act, closing the wage gap between men and women remains a focal point for state and federal legislatures alike, with varying degrees of success. Measures such as the Paycheck Fairness Act have been repeatedly introduced to the United States Congress (and have failed to advance as recently as last month). In contrast, California has pushed ahead in recent years with sweeping changes to its own version of the Equal Pay Act.
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