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

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

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 <em>Video:</em> Independent Contractor Rule Reinstated, OFCCP Targets Pay Equity Audits, OSHA Focuses on Health Care Facilities – <em>Employment Law This Week</em>

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

On March 14, 2022, the EEOC issued a technical assistance document, The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Laws, which provides guidance as to ways equal employment opportunity laws enforced by the EEOC (“EEO laws”) may apply to caregivers. In conjunction with this, the EEOC added a Section I (“Caregivers/Family Responsibilities”)  to “What You Should Know About COVID-19,” its primary COVID-19 related guidance document. Enforcement guidance issued by the EEOC in 2007, previously addressed circumstances in which discrimination against caregivers might constitute unlawful disparate treatment. The EEOC has issued this new guidance in response to how the COVID-19 pandemic has particularly affected employees with caregiver responsibilities.

Continue Reading A New Protected Class? Not Quite, but the EEOC Is Looking Out for Workers with Caregiving Obligations

The New York HERO Act website was quietly updated on the afternoon of March 18, 2022 to confirm that the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health has ended. This means the “activation” of HERO Act safety plans is over.

On March 17, 2022, the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health under the HERO Act ended. Private sector employers are no longer required to implement their workforce safety plans.

Continue Reading New York HERO Act Designation Over, Six Months Later

On March 15, 2022, President Biden signed into law the 2022 Consolidated Appropriations Act containing the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (the “Cyber Incident Reporting Act”). While President Biden’s remarks highlighted the $13.6 billion in funding “to address Russia’s invasion of Ukraine and the impact on surrounding countries,” the 2022 Consolidated Appropriations Act contained numerous other laws, including the Cyber Incident Reporting Act, which should not be overlooked. The Cyber Incident Reporting Act puts in motion important new cybersecurity reporting requirements that will likely apply to businesses in almost every major sector of the economy, including health care, financial services, energy, transportation and commercial facilities. Critical infrastructure entities should monitor the upcoming rule-making by the Cybersecurity and Infrastructure Security Agency (“CISA”), as the final regulations will clarify the scope and application of the new law.

Continue Reading President Biden Signs into Law the Cyber Incident and Reporting Act, Mandating Reporting of Cyber Incidents and Ransomware Payments

As featured in #WorkforceWednesday:  This week, we look at how employers can make adjustments to their benefits policies to assist employees who want to offer help and support to Ukraine.

Continue Reading <em>Video:</em> Policies to Help Employees Help Ukraine, Equal Pay Day, FMLA Certification – <em>Employment Law This Week</em>

Next month, New Jersey private employers will need to start informing drivers before using GPS tracking devices in the vehicles they operate. A new state law that becomes effective April 18, 2022, requires employers to provide written notice to employees before using “electronic or mechanical devices” that are “designed or intended to be used for the sole purpose of tracking the movement of a vehicle, person, or device.” The notification requirement applies to both employer-owned or -leased and personal vehicles.

Continue Reading Considering Tracking Employees in Vehicles? New Jersey Now Requires Employers to Provide Notice

As featured in #WorkforceWednesday:  This week, we’re looking at how employment laws and regulations are being impacted by the Biden administration’s recent actions on the international and national stages.

Continue Reading <em>Video:</em> State of the Union, Federal Task Force Report, Biden’s SCOTUS Pick – <em>Employment Law This Week</em>

On March 3, 2022, President Biden, as expected, signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“Act”) into law. As we previously explained, the Act amends the Federal Arbitration Act (FAA) to make pre-dispute arbitration agreements for sexual assault and sexual harassment claims invalid and unenforceable. Parties remain free, however, to mutually agree to arbitration after a claim has been asserted. The new law delegates any disputes regarding the Act, including as to the arbitrability of claims, to the courts, and not an arbitrator, to decide.

Continue Reading President Biden Signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021