A California Superior Court judge has invalidated state legislation that required boards of publicly held corporations headquartered in California to include a minimum number of directors from underrepresented communities.  The court’s decision effectively strikes down Assembly Bill No. 979 (“AB 979”), a law enacted with the goal of increasing diversity on boards of directors, paving the way for a parallel outcome to a similar challenge of a statutory mandate for increased gender diversity on boards of directors.

Promotion of “Underrepresented Communities” Struck Down

Continue Reading Board Diversification by Legislative Mandate? One California Court Says No.

As featured in #WorkforceWednesday:  This week, we look at compliance and enforcement developments at the federal level and in the specific jurisdictions of New York City and California.

Continue Reading Video: EEOC COVID-19 Charges Surge, NYC’s Pay Transparency Law, SCOTUS Considers PAGA – Employment Law This Week

Employers take note: the Massachusetts Supreme Judicial Court (“SJC”) ruled this week for an employee seeking treble damages for untimely paid wages under the Massachusetts Wage Act (“Wage Act”), even though the employer had corrected its mistake and paid the wages before the employee filed suit. Writing for the majority in Reuter v. City of Methuen, Justice Scott L. Kafker interpreted the “strict time-defined payment policies” and liquidated damages provisions under the Wage Act to find that the employer was responsible for treble the amount of late wages, and not treble the amount of interest, even though the wages were ultimately paid before the complaint was filed. This underscores the importance of paying all wages, including vacation or PTO in a timely fashion.

Continue Reading Massachusetts Court Rules on Massachusetts Wage Act’s Treble Damages

On March 28, 2022, District of Columbia Mayor Muriel Bowser signed D.C. Act 24-350, postponing the applicability date of the Ban on Non-Compete Agreements Amendment Act of 2020 (D.C. Act 23-563) (the “Act”) until October 1, 2022.  As we previously reported, the D.C. Council will likely use the coming months to consider various amendments, which will hopefully offer clarity to employers.

Continue Reading UPDATE: Washington, D.C. Ban on Non-Competes Postponed Until October 2022

On March 28, 2022, the New York City Commission on Human Rights released official guidance (Guidance) regarding the upcoming pay transparency law, Int. 1208-B (Law), which requires all advertisements for jobs, promotions, and transfer opportunities for positions performed in the City to include a minimum and maximum salary range.  As we previously reported, the City Council passed the Law on December 15, 2021, and it currently is expected to take effect on May 15, 2022.

In addition, amendments to the Law have recently been introduced in the New York City Council (T2022-5021 (Bill)) which, if passed, will modify the Law in important ways, including delaying its effective date and further clarifying its requirements.

Continue Reading New York City’s Upcoming Salary Range Disclosure Law Guidance Issues and Proposed Amendments Are Introduced

As featured in #WorkforceWednesday:  This week, we look at the additional guidance the Equal Employment Opportunity Commission (EEOC) recently issued regarding caregivers.

Continue Reading Video: Focus on Caregiver Discrimination, Harassment and Discrimination Protections in NY, Wage and Hour Budget – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we look at a range of developments shifting the enforcement approach across federal agencies and how employers can comply with these shifts.

Continue Reading Video: Independent Contractor Rule Reinstated, OFCCP Targets Pay Equity Audits, OSHA Focuses on Health Care Facilities – Employment Law This Week

Employers in New York State should be aware of recent new laws as well as some pending bills, all of which seek to bolster harassment and discrimination protections for employees.  As detailed below, New York Governor Kathy Hochul recently signed several bills into law that expand harassment and discrimination protections, while the New York Senate recently passed more bills that would further bolster safeguards for employees and independent contractors in the state.

Continue Reading New York Enacts New Laws to Bolster Harassment and Discrimination Protections, with Additional Proposed Laws Passing the Senate