Nancy Gunzenhauser Popper

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

As featured in #WorkforceWednesday This week, we unpack the major updates the New York State Department of Labor (NYSDOL) incorporated into its model sexual harassment prevention policy:

The NYSDOL recently released major updates to its model sexual harassment prevention policy. The updates cover issues such as gender identity and remote work. What do employers need to know?

Continue Reading Video: Major Updates to New York State’s Model Sexual Harassment Prevention Policy – Employment Law This Week

The U.S. Department of Labor (DOL) recently published new resources regarding the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). As we previously explained in detail, the PUMP Act amended the Fair Labor Standards Act (FLSA) to mandate that, unless an employer is specifically exempted under the law, the employer must provide reasonable break time to allow an employee to express breast milk, and must permit the employee to do so in a reasonably private location other than a bathroom.

Continue Reading New Guidance on Federal Protections for Pregnant and Nursing Workers

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 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

In December 2022, New Hampshire opened enrollment to private employers in the Nation’s first voluntary paid family and medical leave insurance program, aptly named the Granite State Paid Family Leave Plan (Granite State Plan or NH PFML). The Granite State Plan, which was initially introduced in 2019 as part of a failed joint proposal with Vermont – the Twin State Voluntary Leave Plan – was enacted in 2021. Vermont has since adopted a similar voluntary program.

Continue Reading The Granite State Implements the Nation’s First Voluntary Paid Family and Medical Leave Insurance Program

On January 1, 2023, Washington joined the growing list of states requiring pay transparency in job postings. Amendments (the “Amendments”) to the Washington State Equal Pay and Opportunities Act (the “EPOA”) require covered employers to disclose pay range, benefits, and other compensation in job postings. The Washington Department of Labor and Industries issued an administrative policy (the “Guidance”) to provide guidance regarding the broadened disclosure requirements.

Continue Reading Pay Equity in Washington: Pay Transparency Comes to the Evergreen State

While most people were wrapped up in the inevitable hustle and bustle of the holidays, Vermont Governor Phil Scott announced the Nation’s second voluntary paid family and medical leave program, the Vermont Paid Family and Medical Leave Insurance Plan (VT FMLI). Initially part of a failed joint proposal with New Hampshire – the Twin State Voluntary Leave Plan – the VT FMLI largely mirrors New Hampshire’s Granite State Paid Family Leave Plan by establishing a State insurance program in which private employers and individuals may voluntarily participate.

Continue Reading The Green Mountain State Unveils Its Voluntary Paid Family and Medical Leave Insurance Plan

The post-#MeToo reforms to New York State’s Human Rights Law, which expanded the anti-sexual harassment provisions, included a requirement that the state’s model policy, last issued in 2018, be reviewed and revised every four years. On January 12, 2023, the New York State Department of Labor (“NYSDOL”) published a Proposed Sexual Harassment Prevention Model Policy (“Proposed Model Policy”). The public has until February 11, 2023, to view and comment on the proposed revisions prior to a final version being adopted.

Continue Reading Proposed Changes to New York’s Sexual Harassment Prevention Model Policy

As the year 2022 was ending and 2023 got underway, New York Governor Hochul kept busy reviewing bills that were passed throughout the year but delivered to her for signature only after the November elections. Both houses of the New York State Legislature approved a total of 1,007 bills during the regular 2022 Legislative Session, a “modern-day record,” according to this December 20, 2022 interim report from the New York State Association of Counties. The Governor approved much of this legislation, but rejected a few measure.

Continue Reading In New York, Not Just Snow Flurries: A Flurry of Executive Action on a Year’s Worth of Employment Legislation