Effective September 17, employers with four or more employees in New York state must include a compensation range in all advertisements for new jobs, promotions and transfer opportunities. A pay transparency fact sheet and FAQ document are available on the NYSDOL website with additional information and guidance on the new law.
On September 8, 2023, the Department of Labor announced publication of a Notice of Proposed Rulemaking Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees.
The DOL’s Wage and Hour Division is proposing to update and revise the Fair Labor Standards Act regulations implementing the minimum wage and overtime…
The EEOC just announced an updated filing deadline for US employers to submit their demographic data. The EEO-1 Component 1 data collection for 2022 begins October 31 and the deadline to file is December 5. The federal agency posted instructions and other information (here), and will post the data file specifications on…
New York may soon restrict employers and employment agencies from using fully-automated decision making tools to screen job candidates or make other employment decisions that impact the compensation, benefits, work schedule, performance evaluations, or other terms of employment of employees or independent contractors. Draft Senate Bill 7623, introduced August 4, aims to limit the use of such tools and requires human oversight of certain final decisions regarding hiring, promotion, termination, disciplinary, or compensation decisions. Senate Bill 7623 also significantly regulates the use of certain workplace monitoring technologies, going beyond the notice requirements for workplace monitoring operative in New York since May 2022 and introducing data minimization and proportionality requirements that are becoming increasingly common in US state privacy laws.
While there is not yet a federal law focused on AI (the Biden administration and federal agencies have issued guidance documents on AI use and are actively studying the issue), a number of cities and states have introduced bills or resolutions relating to AI in the workplace. These state and local efforts are all at different stages of the legislative process, with some paving the path for others. For example, New York City’s Local Law 144 took effect on July 5, prohibiting employers and employment agencies from using certain automated employment decision tools unless the tools have undergone a bias audit within one year of the use of the tools, information about the bias audit is publicly available, and certain notices have been provided to employees or job candidates (read more here).
If enacted, Senate Bill 7623 would take things much further. Here are some of the most significant implications of the draft legislation:Continue Reading Check Yourself Before You Wreck Yourself: New York and Other States Have Big Plans For Employer Use of AI and Other Workplace Monitoring Tools
Splitting the baby on 50 years of precedent, the U.S. Supreme Court (SCOTUS) has clarified that employers must grant a religious accommodation request under Title VII of the Civil Rights Act of 1964 (Title VII) unless the accommodation would result in “substantial increased costs in relation to the conduct of [their] particular business.” On June…
Effective June 27, a new federal law strengthens the rights of pregnant workers (and those who are postpartum or have a related medical condition) to reasonable accommodations at work. As discussed here, the Pregnant Worker Fairness Act fills the gap between Title VII (the federal law that outlaws sex discrimination) and the ADA (the federal statute that protects disabled applicants and employees), ensuring that pregnant workers are able to continue in their jobs with reasonable accommodations for physical or mental conditions related to pregnancy and childbirth, so long as the accommodations do not “impose undue hardship on the operation of the business.”
The PWFA does not displace federal, state or local laws that are more protective of workers affected by pregnancy, childbirth or related medical conditions. For instance, since the 1980s, California employees who are pregnant, give birth, or have pregnancy-related medical conditions are guaranteed time off from work while disabled, without having to show that the time off would not impose an “undue hardship” on the employer’s business.Continue Reading New Pregnant Workers Fairness Act Expands Accommodations Options for Millions of Americans
Amid recent hype around ChatGPT and generative artificial intelligence (AI), many are eager to harness the technology’s increasingly sophisticated potential.
However, findings from Baker McKenzie’s 2022 North America AI survey indicate that business leaders may currently underappreciate AI-related risks to their organization. Only 4% of…
As most California employers know by now, Senate Bill 1162 requires private employers of 100 or more employees (with at least one employee in California) to report pay and demographic data to the California Civil Rights Department (CRD) (formerly the Department of Fair Employment and Housing). Complicating matters, the law was amended to add a requirement to report data regarding workers hired through labor contractors.
The deadline for submitting pay data reports is May 10. If you are having trouble gathering information from labor contractors, you are not alone. So, if it looks like you might be late on the labor contractor employee report, we recommend seeking an extension from CRD through the portal ASAP. The good news is that extensions are available, but only for the labor contractor reports, and only through the portal. (Link here.) Requests for an extension must be submitted on or before May 10.Continue Reading Last Call for Compliance: CRD Pay Reporting Deadline May 10, But Extensions Available
The Road Ahead Following the April 10 End of the National Emergency
We have all grown accustomed to hand sanitizer, 6-feet distance markings in hallways, face masks–and the back and forth of surging and waning COVID-19 levels in the workplace and the community. But with President Biden’s April 10 termination of the COVID-19 national emergency, can these pandemic mainstays–and employers’ pandemic policies and procedures–finally be relegated to a distant memory? Should they be? As Dr. Anthony Fauci said in a recent interview, “Everybody wants this outbreak behind us.”
Mapping the Road Forward
With little fanfare, on April 10, President Biden quietly signed a GOP-led resolution terminating the COVID-19 national emergency. Separately, on May 1 the Biden Administration announced an end to the federal COVID-19 vaccination requirements for federal employees, federal contractors, and international travelers on May 11, the same day the COVID-19 Public Health Emergency ends. The US Department of Health and Human Services and the US Department of Homeland Security also announced they will start the process to end vaccination requirements for Head Start educators, CMS-certified healthcare facilities, and certain noncitizens at the land border.
So can employers throw out all of their COVID-19 policies and procedures? Not quite.Continue Reading Can US Employers Finally Leave COVID-19 in the Rearview Mirror?
California legislators met on April 11, 2023 to discuss a proposed overhaul of employment-related criminal background checks. Simply put, if the Fair Chance Act of 2023 (SB 809) is passed into law, California will have the most restrictive criminal background check law in the country, and will significantly limit the way California employers can vet applicants for employment. Under existing state law, California employers may conduct a criminal background check for most positions only after making an initial offer of employment, and they may make adverse employment decisions based on criminal history only after conducting an individualized assessment that considers the nature of the offense and the duties of the job. While these existing restrictions are significant in their own right, the proposed new law will effectively eliminate criminal history consideration in most circumstances, allowing legislators to further reduce barriers to employment for people with criminal histories.
The Fair Chance Act will, among other things, “make it an unlawful employment practice to take adverse action against an employee or discriminate against an employee in the terms, conditions, or privileges of their employment based on their arrest or conviction history.” SB 809. In essence, the proposed law will all but ban employment-related criminal background checks, except for positions for which such checks are authorized or required by statute. And in the limited circumstances where criminal history checks are permitted, the Fair Chance Act will require employers to post a clear and conspicuous notice informing applicants and employees of their rights. The new law also will impose on employers additional document and data retention obligations for completed background checks.Continue Reading California Seeks to Ban Most Criminal Background Checks