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On May 17, 2023, Michigan Governor Gretchen Whitmer signed SB 147 into law, amending the Elliot-Larsen Civil Rights Act (“ELCRA”) to expand its protections from workplace discrimination to those who have abortions.  The law is expected take effect on March 31, 2024, ninety-one days after final adjournment of the Michigan Legislature’s 2023 Regular Session and will apply to any Michigan employer with one or more employees. This is the second time this year that the Michigan Legislature has amended ELCRA, joining SB 4 in early March 2023, which amended ELCRA to add protections for individuals based on their sexual orientation, and gender identity or expression.…

Continue Reading Michigan Passes Amendment to Elliott-Larsen Civil Rights Act to Protect Abortion Rights

It’s time for covered employers to update their Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) posters.

The U.S. Department of Labor (DOL) has issued an updated FLSA Minimum Wage Poster to reflect covered employers’ new lactation accommodation obligations under the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act.…

Continue Reading DOL Publishes New FLSA and FMLA Posters

On May 3, 2023, Maryland Governor Wes Moore signed into law SB 828, which amends the state’s Family and Medical Leave Insurance Program (the “Program”) that was originally established in April 2022. As we previously reported, the Program generally provides eligible employees with 12 (but in some cases, 24) weeks of paid leave to be used for certain covered family and medical-related absences. The Program and SB 828’s amendments—which will take effect on June 1, 2023—are nuanced, so below are five significant updates from the new legislation for Maryland employers to consider.

Continue Reading Maryland Delays Implementation of State’s Paid Family and Medical Leave Program

*UPDATE: Mayor Adams signed Int. 0209-2022 into law on May 26, 2023. It will take effect on November 22, 2023.

Mayor Eric Adams finds on his desk this week a New York City Council bill that would provide New York City based employees, visitors, and residents protection from discrimination based on their height or weight.  The proposed local law would amend Section 8-101 of the Administrative Code of the City of New York, also known as the NYC Human Rights Law (NYCHRL).

On May 11, 2023, an overwhelming majority of the New York City Council (44 out of 51 members) voted to amend the Administrative Code to add two more characteristics, height and weight, to this list. The bill will take effect 180 days after Mayor Adams signs it into law. If he does so, New York City will join a small cohort of places (including Michigan, Washington State and Washington, D.C., to name a few) that have legislated on this issue. …

Continue Reading New York City Considers Prohibiting Discrimination Based on Weight and Height

Columbus has joined Toledo, Cincinnati, and a number of states and locales around the country, in banning employers from asking job applicants about their salary history.

Effective March 1, 2024, covered employers in Ohio’s capital will be prohibited from:

  • inquiring about an applicant’s salary history,
  • screening applicants based on their salary history,
  • relying solely on salary history when deciding whether to offer an applicant employment or determining their compensation, and
  • retaliating against applicants for not disclosing their salary history.

Salary History

Currently, neither the federal Fair Labor Standards Act (FLSA) nor the Equal Pay Act (EPA) prohibit employers from screening applicants based on prior salary, requesting an applicant’s salary history, or conditioning an applicant’s employment on providing their salary history. However, salary history bans, which are intended to eliminate the perpetuation of discriminatory pay disparities, have become increasingly common both at the state and local level. As of April 2023, more than 40 states and localities have adopted some form a salary history ban.…

Continue Reading Columbus, Ohio, Will Hop on the Salary History Ban-Wagon in March 2024

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As featured in #WorkforceWednesday:  This week, we’re taking a closer look at ChatGPT, exploring the opportunities and risks associated with this artificial intelligence (AI) technology, and providing valuable insights for employers who are looking to stay ahead of the curve:

ChatGPT is set to become the next big thing for employers and beyond. What potential issues should employers be aware of? Epstein Becker Green attorney Brian G. Cesaratto explains how critical it is for employers to think through the workplace-related risks.…

Continue Reading Video: What Employers Should Know About ChatGPT – Employment Law This Week

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.…

Continue Reading Proposed Amendments Clarify Reach of Upcoming New York State Pay Transparency Law to Remote Workers

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.…

Continue Reading Illinois Supreme Court Holds That Five Year Statute of Limitations Applies to All BIPA Claims