Employment Law Update 2021 Date & Time Tuesday, July 27, 2021 | 10:00 am - 11:00 am PDT | Webinar Continuing Education: CLE, SPHR/PHR and SHRM certifications are pending approval. Prohibits employers from inquiring on an employment application about a prospective employee's age, date of birth, and dates of attendance at or date of graduation from an educational institution. Employees may begin to use paid leave benefits beginning January 1, 2026. Under the amended law, a demand for reinstatement must be made in writing and an employee's preferential recall rights must not be greater than 120 days from the date the employee is released to return to employment. Employment law giant Littler taps Chicago partner for new chair This article identifies and offers some predictions regarding the implications of the decision for employers in higher education, private employers with voluntary IE&D programs, and government contractors subject to affirmative action requirements. Clarifies the standard for harassment claims; prohibits discrimination on the basis of marital status; clarifies nondiscriminatory conduct related to disability; sets forth the requirements for an enforceable nondisclosure agreement. Permits individuals 18 years and older to work in establishments that bar patrons under 21 years old, as long as the individuals are performing services unrelated to the sale or service of alcohol. Shaun M. Bennett focuses his practice on labor and employment law matters. News & Analysis | Littler Mendelson P.C. Amends workers compensation provisions to clarify the recall rights for employees with compensable injuries. Governor Newsom signed over 20 new labor and employment bills into law in 2020. Requires acute care hospitals to reimburse certain training expenses of employees and job applicants. This is likely because state legislatures focused on emergency pandemic-related laws while in session. Member States have until June 7, 2026 to introduce new legislation to give effect to the Directive. Creates the Colorado Privacy Act, which grants individuals more control over the personal data they provide to businesses. 21-0107. A S A P 2 General Data Protection Regulation (GDPR), Global Workplace Transformation Initiative. Our Standards: The Thomson Reuters Trust Principles. Further, places of public accommodation must not require documentation from the patron regarding the dog guides certification or license. Washington State again leads the pack as the most active jurisdiction in enacting eight new state-wide and local laws and regulations that take effect in early summer. Allows an employee, who is a service members spouse, to terminate an employment contract when the service member receives a permanent change of station. Lowers threshold for qualifying as a public works project for purposes of the minimum wage. 2023 will be no exception. Littler Investigation Toolkit for Employers, Littler Inclusion, Equity and Diversity Playbook. #WILEF #womeninlaw #inclusionequitydiversity https://bit.ly/3JzNbcb, This week our #KansasCity office hosted training for our senior associates to showcase career advancement opportunities & build stronger connections with fellow Littler attorneys. Requires employers to use the E-Verify system to verify employment eligibility of each new employee; authorizes the Department of Economic Opportunity to enforce the E-Verify requirement and to conduct random audits of employers. There have been several noteworthy updates related to existing, recently enacted Connecticut employment laws, including the state's wage range disclosure law and the legalized use of marijuana. Establishes requirements for obtaining a certificate of authority for self-funded multiple employer welfare arrangements. Permits an employee to use paid sick leave for bereavement purposes and to care for a family member whose school or place of care has been closed for specified reasons. Both laws will become effective on September 1, 2021. The firm is representing the U.S. Chamber of Commerce and other business groups that claim that a Connecticut law barring employers from holding mandatory meetings about unionizing is unconstitutional and should be struck down. Requires an employer to include information on an employee's accrued and used paid sick and safe leave hours on each wage statement. Prohibits an employer from conditioning employment on the fact that an employee or prospective employee is authorized to carry a concealed weapon or concealed firearm. Contact Shea Geyer at sgeyer@littler.com Designates Human Resources professionals who work for businesses that employ minors, and employ five or more employees, as mandated child abuse reporters. All quotes delayed a minimum of 15 minutes. Andre of Littler Mendelson have stepped in to represent Waste Management of Georgia. General Data Protection Regulation (GDPR), Global Workplace Transformation Initiative. Requires a written agreement between a hiring entity and a freelance worker when the contract is valued at $250 or more, by itself or in the aggregate, of all contracts within the preceding 120 days. Business groups sue over Conn. law banning mandatory anti-union meetings, Apple interfered with union drive at NYC store, says U.S. labor agency, U.S. labor board rejects Starbucks' call to revisit union election test. Eliminates the requirement for an employer to submit specified demographic data along with the employer's quarterly filings. Littler is one of the top five firms on the list, which recognizes those utilizing best practices in recruiting, retaining, promoting and developing women lawyers and for the first time lawyers from underrepresented groups, including people of color. Entitles an employee to earn one hour of paid sick and safe time for every 30 hours worked, up to a maximum of 48 hours per calendar year. Littler Investigation Toolkit for Employers, Littler Inclusion, Equity and Diversity Playbook, Staffing, Independent Contractors and Contingent Workers, As Temperatures Rise, So Do Minimum Wage, Tipped, and Exempt Employee Pay Rates Across the United States. He hasexperience in the courts as well as representing employers in proceedings before government agencies such as the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC). Vision. Amends the debarment procedure for government contractors that may be barred from public contracts if the government contractor misclassifies their workers. Leaves of Absence; Pregnancy and Lactation Accommodation; Wage Transparency; Captive Audience Meetings; Noncompetition Agreements; Workplace Safety; Notices & Posters. Dynamic Year Expected in Labor and Employment Law Were ready for your tomorrow because were built for it. Were ready for your tomorrow because were built for it. Legal Directories Publishing Company, Inc. - 1313 Oates Drive, Mesquite, Texas 75150 - (800) 447-5375 (214) 321-3238 U.S. Supreme Court Strikes Down Race-Conscious Admissions What Does it Mean for Employers? Amends the Georgia Smokefree Air Act to prohibit vaping and the use of other electronic smoking devices in enclosed areas in places of employment. COVID-19 NoticeLittler is actively monitoring the spread of COVID-19 and updates from the CDC and state and local health officials. Creates procedures for accruing paid leave, providing notice of the need to use leave, scheduling use of leave, and penalizing denial of paid leave. Prohibits employers from requiring, as a condition of employment, employees or prospective employees to execute non-disparagement agreements that would conceal details related to claims of sexual assault or sexual harassment. Expands Cal/OSHAs authority to issue Stop Work Orders for workplaces that pose a risk of an imminent hazard relating to COVID-19. Creates the Freelance Worker Protection Ordinance to require a written agreement between an employer and a freelance worker and sets forth the minimum requirements for agreements; requires timely payment of the worker's fee. Creates the Freelance Worker Protection Ordinance; requires contracts for service to be set forth in writing and provides an enforcement mechanism for failure to pay a worker as agreed upon in the contract. At Littler, our commitment to our clients drives us to develop bold labor and employment law solutions that deliver for your business. June 26, 2023 New Jersey Appellate Division decision finds employee suspected of contracting COVID-19 failed to assert a perceived disability claim under the New Jersey Law Against Discrimination. Traditionally, January 1 has been the key date for which employers must prepare to implement new labor and employment compliance obligations for new laws passed within the previous year. PDF Jacquelyn M. Meirick - littler.com Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. In a recent decision, the New Jersey Appellate Division showed a willingness to limit the NJ Law Against Discriminations seemingly boundless definition of disabled, ruling against an employee alleging a perceived disability claim involving COVID-19. Requires employers to pay any unpaid wages or compensation to employees when an employee is placed on nonworking status. Prohibits places of public accommodation from refusing a patron with a disability access due to the need for a dog guide, as long as the dog guide meets specified requirements. Were ready for your tomorrow because were built for it. U.S. Supreme Court Strikes Down Race-Conscious Admissions What Does it Mean for Employers? Prohibits worker misclassification, providing civil penalties and prohibiting contract awards from public bodies and covered individuals for violations. Amends the penalty provisions for employee misclassification. Colorado takes second place, enacting at least seven new laws that take effect during summer 2023. Creates a definition for antisemitism to be used in determining whether a discriminatory act has occurred. Creates protections for individuals and entities regarding interstate civil or criminal liability for protected health care activity, including reproductive health care and gender-affirming care. *Note that the effective date of this law has been extended several times due to the pandemic. Wilder has sat on the board since 2021. As Illinois employers and businesses recover in a post-pandemic world, the continued and growing threat of The Illinois Biometric Information Privacy Act (BIPA) looms on the horizon. The following is intended to provide an update on the most recent changes to Minnesota state law designed to address the COVID-19 in the employment law context - including in the areas of sick and safe time, unemployment compensation, Minnesota OSHA, workers' compensation, school closures, and the Minnesota Human Rights Act - as well as some pra. In 2014 he joined Littler's ranks of shareholders, the firm's term for partners. At the same time, a host of new legal developments have imposed additional requirements on Massachusetts employers. At the close of the 2023 session, the Connecticut legislature passed Senate Bill 9, An Act Concerning Health and Wellness for Connecticut Residents. Buried in this legislation are amendments to the states physician non-compete statute. 2023-1. Labor law has been a cornerstone of Littlers practice since the firms inception nearly 70 years ago. Amends the Virginia Minimum Wage Act to remove the subminimum wage rate for employees with disabilities beginning July 1, 2030. Provides that the designation of sick leave taken for kin care shall be made at the sole discretion of the employee. People. 2022-31. Requires employers of 50 or more employees to provide up to 60 business days of unpaid leave to an employee serving as an organ donor, and up to 30 business days of unpaid leave to an employee serving as a bone marrow donor. The industry leader for online information for tax, accounting and finance professionals. This law establishing a Family and Medical Leave Insurance Program was enacted in 2019. Those taking effect in early 2021 are listed below. Were ready for your tomorrow because were built for it. Such persons must be given mandated reporting training, and a written statement describing their obligations. 230419. Littler Investigation Toolkit for Employers, Littler Inclusion, Equity and Diversity Playbook, Nearly 50 Years Later, the Supreme Court Clarifies the Undue Hardship Standard in Religious Accommodation Claims, Express Yourself Supreme Court Rules that Businesses May Deny Expressive Services to the Public Based on Their Owners Beliefs, New Restrictions on Physician Non-Compete Agreements in Connecticut. Requires employers to notify employees of the availability of the state and federal earned income and child tax credits. See here for a complete list of exchanges and delays. Nonetheless, employers will still face many new obligations in the months ahead. Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney. New Jersey Court Imposes Limits on State Law's Near-Limitless 10:00 - 11:00 a.m. PT11:00 a.m. - 12:00 p.m. MT12:00 - 1:00 p.m. CT1:00 - 2:00 p.m. By Bruce Sarchet, Joy Rosenquist, Maureen Lavery, and Hannah Stilley on, General Data Protection Regulation (GDPR), Global Workplace Transformation Initiative. 2022 Labor and Employment Law Update | Littler Mendelson P.C. They will discuss a range of legal issues, including updates to the Michigan Paid Medical Leave Act, Recreational Marijuana and Employment Law, Michigan Garnishment Law overview, and sexual harassment investigations in the #MeToo era. Permits an employer to consent to deliver group health plan documents and notices through electronic means on behalf of individuals participating in the group health plan, unless otherwise required by federal law. General Data Protection Regulation (GDPR), Global Workplace Transformation Initiative. Littler Mendelson P.C. - Law Profile in Phoenix, Arizona (AZ) Maricopa Increases the penalties for an employer that wrongfully fails to withhold wages pursuant to a child support income assignment order. Our Firm History - Passion. Petroleum Facility Safety-Sensitive Employees Rest Breaks. Increases the civil and criminal penalties for violations of the state child labor laws. Permits any notice or document required to terminate, modify, or release an earnings withholding order for taxes to be served by electronic transmission. In addition to his litigation experience, he has represented and advised clients in the drafting of and revision of employment policies and employee handbooks covering the full scope of labor and employment law, and hasrepresented clients across a broad array of industries. #payequity #internationalemploymentlaw #EuropeanUnion https://bit.ly/3JFtgZI, Littlers Denise E. Backhouse will be speaking at the American Bar Association Cross-Border Institute: The Intersection of Global Discovery, Privacy and Data Security in Paris, France, July 20-21, 2023. Clarifies that an employee may use paid family and medical leave to care for a domestic partner and to bond with a new child; amends the employer and employee premium contribution provisions. Littler Named Among Top Five "Best Law Firms for Women and Diversity" by Seramount Littler is one of the top five firms on the list, which recognizes those utilizing best practices in recruiting, retaining, promoting and developing women lawyers and - for the first time - lawyers from underrepresented groups, including people of color. Prohibits private businesses from discriminating against a patron, client, or customer based on vaccination status for a vaccine that is under emergency use authorization by the federal Food and Drug Administration. Amends the New Mexico Human Rights Act to prohibit employment discrimination on the basis of gender and gender identity. If necessary, we will adjust our plans for this event to reflect the current situation and notify you as soon as possible. Leave protections and entitlements, always a major player in the legislative landscape, are again significant this year, with some states enacting new paid family and medical leave benefits programs, and others expanding their existing paid sick and safe leave laws so that employees may use accrued leave for bereavement and other reasons beyond the traditional sick and safe leave purposes. See the chart and links below for access to summaries of several employment-related laws taking effect in 2021. Shareholder Thomas Grow Joins Littler in Washington, D.C. Littler Awarded Top Firm for Diversity by Yale Law Women+, Littler Recognized in 2023 Chambers USA Guide, Littler Named Among Top Five Best Law Firms for Women and Diversity by Seramount. #employmentlaw #WorkplaceSafety #WageAndHour https://bit.ly/46kHHMt, Mike Paglialonga and Stephen Fuchs discuss New Yorks new Clean Slate Act, which will prohibit employers from inquiring about sealed records or discriminating against applicants or employees based on sealed records. Learn more about the intersection of #dataprivacy and #eDiscovery obligations: https://bit.ly/3NSj1DP, #BreakingNews: #SCOTUS strikes down affirmative action in #HigherEducation. It is possible that the current effective date will once again be extended. A divided Supreme Court held that the First Amendments free speech protection bars Colorado from requiring a website designer to create expressive designs that convey messages with which the designer disagrees. Provides that for purposes of any state law or rules and regulations, "sex" means a persons biological sex, either male or female, at birth. Prohibits a public body from imposing, or maintaining any law or ordinance that restricts, interferes, denies, discriminates against, or deprives an individuals right to use or refuse reproductive health care or gender-affirming care. #employmentlaw https://bit.ly/3CTBAB7, Littlers Niall Pelly, Nicola James, Oliver Moreton, and Philip G. review the EUs new #paytransparency directive. Prohibits wage discrimination based on sex and gender identity; prohibits employers from seeking an applicants salary history and from barring employees from disclosing or discussing their wages. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. Prohibits carrying or possessing firearms in private businesses without authorization; prohibits leaving an unsecured firearm in a vehicle unattended. A new EU Directive on pay transparency came into force earlier this month. Littler's international employment and labor law practice can help multinational clients maneuver through the best of economic times, as well as during unstable periods. In this article, we share a round-up of the key developments from a regulatory perspective for HR Professionals in UK financial services firms. Creates a presumption that a worker is an employee, unless either party proves independent contractor status under federal IRS guidelines. Expands employers advance notice and severance pay obligations under the Millville Dallas Airmotive Plant Job Loss Notification Act (New Jersey mini-WARN). " Two of the key proposed changes are: amending the proportionality thresholds which allow smaller, less complex dual regulated firms to be excluded from some of the remuneration rules by increasing the total assets threshold and changing the additional criteria that firms with over 4 billion of total assets must meet; and Amends the Nursing Mothers in the Workplace Act to include additional requirements for compliant lactation spaces. Employment Law By ALM Staff | October 28, 2021 at 03:43 PM Dionysia L. Johnson-Massie and Detrachia M.N. Contact Judit Medel at jmedel@littler.com This 90-minute Washington legal update will cover the basics of what employers and human resource professionals need to know to be compliant with new employment laws in the Evergreen State. Our annual July is the New January update, which tracks many labor and employment laws and ordinances across the country that take effect mid-year, is not all-inclusive. Shaun hasrepresented clients to defend against lawsuits brought as single-plaintiff actions, collective actions, and class actions. Littler experienced attorneys will cover hot topics and trends while providing some key take-aways for attendees. June 26, 2023 WARNing: Amendments to the New York WARN Act Regulations are Now in Effect Compliance with the New York Worker Adjustment and Retraining Notification (NY WARN) Act just got harder (again). Allows employers to require that security guards covered by collective bargaining agreements, and paid at least one dollar more than minimum wage, remain on premises and on call during rest breaks. This law allows employees to accrue at least one hour of paid sick and safe time leave for every 30 hours they work, up to a maximum of 48 hours per year. Lengthens from six months to one year the statute of limitations for bringing a claim of discriminatory discharge in violation of any law under the jurisdiction of the Labor Commissioner; authorizes attorneys fees for successful plaintiffs. Hostile Environment Harassment (Reuters) - Littler Mendelson, a U.S.-founded employment law firm with more than 1,700 lawyers that counts Apple Inc, Starbucks Corp and WalMart Inc as clients, said Tuesday it has selected one of its Chicago lawyers to chair its board of directors. Employment Law Update: Navigating the New Normal - Littler Mendelson P.C. Requires acute care hospitals to supply PPE to employees who provide direct patient care, and ensure that employees use PPE. Significant amendments to New York law regarding mandatory overtime for nurses took effect on June 28, 2023. See here for a complete list of exchanges and delays. Requires employers that lease contractors to provide the same group health insurance benefits, to be treated as a multiple employer welfare arrangement, to leased workers as the benefits that are required for employees of leasing contractors. For the past several years, we have reported on employment and labor laws taking effect mid-year. Provides tort liability immunity to employees for any tort claim based only on the employees legally protected statements against an employer, with certain exceptions. The state also enacted an omnibus jobs bill that includes a host of new employment laws, including a few that take effect in July and August. Questions? Expands leave for victims of domestic violence, sexual assault or stalking to include leave for the victim of any crime that caused physical injury or mental injury with a threat of physical injury. July Is the New January: The Pace of New State Laws Heats Up | Littler Contact Shea Geyer at sgeyer@littler.com New York: NYC Final Rules re Automated Employment Decision Tools (6 NYCRR 5-300 et seq.). Littler Mendelson P.C. | Employment & Labor Law Solutions Worldwide Employers may continue to pay the subminimum wage if an employer holds a certificate issued by the U.S. Secretary of Labor if the certificate was obtained before July 1, 2023. Provides that a transportation network company driver is an independent contractor, and not an employee of the transportation network company. He is based out of Chicago. Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. U.S. Supreme Court Strikes Down Race-Conscious Admissions - littler.com This article identifies and offers some predictions regarding the implications of the decision for employers in higher education, private employers with voluntary IE&D programs, and government contractors subject to affirmative action requirements. Entitles employees to accrue one hour of paid leave for every 40 hours worked, up to 40 hours per year, where the employer has more than 10 employees. Expands mandatory safety training to include employees performing work at sites primarily used for trade shows, conventions and related activities. Ruzanna Mirzoyan is a student at the Arizona State University College of Law and a 2021 summer associate with Littler Mendelson. #WelcomeToTheCity #localeverywhere #employmentlaw, Littlers Jim Thelen, Alyesha Asghar Dotson, Kelli Fuqua and Lysette M. Roman provide insight into the recent #SCOTUS decision to strike down affirmative action and the use of race-conscious admissions in #highereducation and what are the potential impacts for employers and #inclusion, #equity and #diversity programs. Were ready for your tomorrow because were built for it. Requires certain employers to provide a minimum work week of at least 30 hours for each employee working as a janitor, building cleaner, security officer, concierge, doorperson, handyperson, or building superintendent and performing janitorial services. Amends domestic violence leave provisions to require employers to also provide leave for victims of sexual assault. Requires that a publicly traded corporation with a principal executive office in California appoint members of underrepresented communities to the Board of Directors. Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney. Labor Commissioner will represent financially disabled persons when wage claims are referred to arbitration. New Restrictions on Physician Non-Compete Agreements in Connecticut November 9, 2020 As employers continue to grapple with the ever-changing legal landscape of COVID-era regulations, 2021 will bring changes to the traditional realm of employment law in dozens of jurisdictions. California: Los Angeles City Council File No. jmeirick@littler.com Overview After serving as a summer intern with the firm in 2009, Jackie joined Littler Mendelson in the fall of 2011. Creates a constitutional amendment that legalizes the recreational use of cannabis. Makes changes to documents that an employer may request to verify that an employee is a victim of domestic or sexual violence. Littler Investigation Toolkit for Employers, Littler Inclusion, Equity and Diversity Playbook, Review of the Supreme Judicial Courts Reuter decision and how it impacts the timing of termination decisions and wage and hour practices in general, A round-up of recent decisions under the Family and Medical Leave Act, the Americans with Disabilities Act, and other key laws, A discussion of the legal issues facing employers now that employees are working from home on a more regular basis. In its June 29, 2023, unanimous decision in Groff v. DeJoy, the United States Supreme Court upended nearly 50 years of precedent by clarifying the undue hardship standard in religious accommodation claims under Title VII. Thomas S. Grow. On June 26, 2023, Connecticuts governor signed SB 2, which expands the reasons covered employees can use leave under the states paid sick and safe leave law, effective October 1, 2023. Requires lodging facilities to provide human trafficking training to employees that are likely to be in contact with guests. Repeals the requirement that an employer must have an employment certificate to employ a child under the age of 16. Amends the definition of "sexual orientation" in the Maine Human Rights Act. Amends the definitions of armed forces and uniformed services to align with federal law in relation to military leave and veteran hiring preferences. What's Changed? He has experience in the courts as well as representing employers in proceedings before government agencies such as the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC). Contingent Workforce: Independent Contractors. Provides that background checks are required for home health aides that work with vulnerable persons, as defined by Washington law. Littler Investigation Toolkit for Employers, Littler Inclusion, Equity and Diversity Playbook. He has litigated cases throughout federal and state courts in Virginia. This legal update will guide employers through this new, and constantly changing, landscape. General Data Protection Regulation (GDPR), Global Workplace Transformation Initiative. In a surprising move for what has historically been an extremely employer-friendly state, Texas Governor Greg Abbott recently signed two new bills (Senate Bill 45 and House Bill 21) that significantly expand the protections for employees who assert claims of sexual harassment under the Texas Labor Code.