Amendments to the pending New York State law requiring employers to advertise salary ranges were signed into law by Governor Kathy Hochul on March 3, 2023. The salary transparency law with the amendments (which we previously summarized here) will become effective on September 17, 2023.
On February 21, 2023, the Seattle City Council passed a first of its kind ordinance that amends Seattle’s existing anti-discrimination laws to prohibit caste discrimination. The ordinance, CB 120511, prohibits employers from discriminating against individuals based on caste with respect to “hiring, tenure, promotion, terms, conditions, wages or privileges of employment, or with respect to any matter related to employment.” The amendment also bans discrimination based on caste with respect to public accommodations. Seattle employers should take note of the new amendment and update their policies to include caste as a protected category.
Continue Reading Seattle Becomes First U.S. City to Ban Caste Discrimination
On February 13, 2023, the New York State Legislature approved an amendment, S1326 (the “Amendment”), to the upcoming New York State Pay Transparency Law S9427A (the “Law”), clarifying that the Law’s requirement that employers to disclose a minimum and maximum salary range in advertisements and postings for job opportunities applies, with limited exception, to remote positions. In addition, the Amendment would also eliminate one of the Law’s recordkeeping obligations and define the term “advertisement.” If signed by the Governor, as is expected, the Amendment will be part of the Law when it takes effect this Fall.
On February 2, 2023, the Illinois Supreme Court filed an opinion in Jorome Tims v. Black Horse Carriers, Inc., holding that Illinois’ Biometric Information Privacy Act (BIPA) is subject to a single, five-year statute of limitations period.
California is one of a growing list of states requiring employers to make certain pay transparency disclosures to employees and applicants. California employers already had an obligation to provide pay scales to job applicants upon request; however, as we previously reported, under SB 1162, employers must now disclose pay scales to current employees upon request, and employers with 15 or more employees must include pay scales in job postings.
Continue Reading California’s New Pay Scale Disclosure Requirements Guidance
Now that the New Year is underway, employers should ensure that required messaging about employee/workers’ rights is up to date and conforms with federal, state, and local law.
Continue Reading New York Employers: Check Your Compliance with Workplace Posting Requirements
As we previously noted, New York City’s Automated Employment Decision Tools Law (“AEDT Law”), regulating employers’ use of automated employment decision tools, with the aim of curbing bias in hiring and promotions, had an effective date of January 1, 2023. In late September 2022, we reported about the New York City Department of Consumer and Worker Protection (“DCWP”) issuing a Notice of Public Hearing and Opportunity to Comment on Proposed Rules related to the AEDT law. The hearing subsequently took place on November 4, 2022, and dozens of organizations and individuals submitted comments, leaving many observers wondering whether the comments would impact the quickly approaching January 1, 2023 enforcement date and how the DCWP would interpret the law.
Continue Reading New York City’s Automated Employment Decision Tools Law Enforcement Postponed Until April 15, 2023
Laws protecting whistleblowers generally afford anti-retaliation protections when employees “step out of their role” to report discrimination and dangerous or illegal activity, but not to employees when they are performing their issue spotting job duties. Employers who understand this distinction are well positioned to manage underperforming employees in sensitive issue-spotting roles such as information technology, compliance, internal audit and even in-house counsel without running afoul of anti-retaliation laws. The Second Circuit Court of Appeal’s recent decision affirming the Southern District of New York’s dismissal of whistleblower retaliation claims in Johnson v. Board of Education Retirement System of City of New York illustrates this distinction.
Continue Reading Issue Spotting Is Not Whistleblowing
In the wake of the landmark decision in Dobbs v. Jackson Women’s Health Organization, we have been closely monitoring legal developments across the country. In addition to well publicized “trigger laws” that were effectuated as a result of the U.S. Supreme Court’s order, states have taken up a variety of legislative actions in response to the ruling, which placed authority for the regulation of abortion with the states.
Continue Reading Five States Put Abortion Questions on the Ballot; Health Care and Other Employers Should Stay Tuned
It is time to update your workplace signage. On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new workers’ rights poster, which it quickly revised and re-issued on October 20, 2022. The new “Know Your Rights” poster replaces the EEOC’s “Equal Employment Opportunity is the Law” poster, which had been in place for more than a decade, and it features several substantive changes.
Continue Reading Know Your Rights: The EEOC Issues New Workplace Discrimination Poster