Special thanks to Liliana Hernandez-Salgado for this update.
The main actions that employers should implement under these new regulations are:
While most employers transitioned large segments of their workforces to remote work over the course of the past year, many also questioned how to satisfy various posting requirements when their workforce is at home. Fortunately, in late December, the Department of Labor (DOL) issued guidance on how employers can use virtual means to distribute and maintain the various posters required by federal employment laws.
By way of reminder, several federal laws, including the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), the Employee Polygraph Protection Act (EPPA), and the Service Contract Act (SCA) require employers to post a notice of rights in a conspicuous location. Typically — and pre-pandemic — employers met the notice requirements by placing posters on bulletin boards in well-trafficked locations such as break rooms or lobbies. But with the increase in remote work, many employers used company email and intranets as a workaround to notify employees of their rights. Now, employers have guidance to ensure their practices are compliant.Continue Reading DOL Guidance on Electronic Posting of Federally-Required Notices
On December 22, a California federal judge issued a nationwide preliminary injunction blocking President Donald Trump’s Executive Order on Combating Race and Sex Stereotyping (“Executive Order”). The controversial Executive Order restricted diversity training for federal contractors by prohibiting contractors from providing training covering “divisive topics.” U.S. District Court Judge Beth Labson Freeman’s preliminary injunction takes effect immediately, remains in place until further order of the court, and prohibits the federal government from implementing or enforcing key provisions of the Executive Order.
Continue Reading Trump’s Executive Order Limiting Diversity Training Put On Ice For The Holidays
California Gov. Gavin Newsom (D) closed this most recent legislative season by signing dozens of new bills into law that affect California employers. Though some were emergency bills and took effect upon signing, the remainder take effect on Jan. 1, 2021.
The laws are wide-ranging, encompassing topics from pandemic-related measures, to the first board of
Now that COVID-19 vaccinations are being administered in the US, employers have to figure out what to do in terms of vaccinating the workforce.
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It’s hard to miss the uptick in litigation against high profile US companies over alleged unequal pay for female employees these days. Cases seem to hit the headlines frequently and several targeted industries include professional sports, professional services organizations, and technology companies. With equal pay protections constantly expanding, and employees often seeking class certification, in 2021, employers should be especially diligent in identifying and rectifying unjustified pay disparities.
So, if you need a New Year’s Resolution, consider undertaking a pay equity audit. This will position your company to determine, at baseline, whether any unjustified pay disparities exist, where those disparities lie and proactively take any remedial measures to help mitigate against becoming a headline. In conducting a pay equity audit, employers should pay close attention to the legal backdrop of pay equity, and how that landscape is changing.
As we head into the New Year, here are several US developments companies ought to know:
On September 30, California Gov. Gavin Newsom signed Senate Bill 973, Sen. Hannah-Beth Jackson’s bill relating to annual reporting of employee pay data. SB 973 requires private employers with 100 or more employees to report employee pay data to the Department of Fair Employment and Housing (DFEH) by March 31, 2021, and annually thereafter, for specified job categories by gender, race and ethnicity. California will be the first state to require employers to submit such employee data.Continue Reading US Pay Equity and Transparency Developments: What You Need to Know Going Into 2021
The Families First Coronavirus Response Act (FFCRA) signed into law in March is set to expire December 31, 2020. The law requires covered employers with less than 500 employees to provide US-based employees with paid sick leave (up to 80 hours) and paid family care leave (up to 10 weeks) for COVID-19-related purposes. To help
The news that a COVID-vaccine is finally becoming a reality presents organizations with the possibility of returning to business as normal. While governments and health organizations are in the throes of planning their vaccination programs and pre-ordering the vaccines, with regulatory approval still pending in most countries, there is uncertainty about the timing, viability and
The US Centers for Disease Control and Prevention announced this week that it is finalizing new recommendations for shortening the 14-day quarantine period currently recommended for persons potentially exposed to COVID-19. While details on the new recommendations have not been announced, comments by various CDC officials indicate that the quarantine period could be reduced to
Here are several employment law changes we will likely see under a Biden Administration:
