Makes changes to documents that an employer may request to verify that an employee is a victim of domestic or sexual violence. Amends the Nursing Mothers in the Workplace Act to include additional requirements for compliant lactation spaces. Further, an employees social security number may not be included on any type of badge or access card issued to an employee. Clarifies that the term pregnant, for purposes of North Dakotas antidiscrimination law, includes pregnancy, childbirth, and related medical conditions. He is based out of Chicago. Erin Webber, Littler's managing director and president, said in a statement she looks forward to working alongside Wilder. 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. Increasingly, new compliance challenges are not taking a summer vacation. Omnibus jobs and labor bill. Leaves of Absence; Pregnancy and Lactation Accommodation; Wage Transparency; Captive Audience Meetings; Noncompetition Agreements; Workplace Safety; Notices & Posters. Thomas S. Grow. Download PDF President Obama's re-election, a newly active NLRB, and important decisions pending before the Supreme Court promise to make 2013 an interesting year in labor and employment law - domestically and internationally. Requires a health insurance plan to include coverage for contraceptive products and services. 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. Topics include the following: Time:5:30 - 6:30 a.m. PT6:30 - 7:30 a.m. MT7:30 - 8:30 a.m. CT8:30 - 9:30 a.m. At Littler, we know that the best solutions for your business happen when we bring together diverse backgrounds, perspectives and experiences. 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. June 30, 2023 On June 29, 2023, the U.S. Supreme Court found that Harvard's and UNC's race-conscious admissions practices are unconstitutional. Prohibits private entities from using facial recognition technology in places of public accommodation. #LittlerCelebrates, The California budget bill currently under consideration in Sacramento contains a startling and momentous provision: reinstatement of the California Industrial Welfare Commission (IWC). 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. Contact Michelle Mavlyanova at mmavlyanova@littler.com. Legal Directories Publishing Company, Inc. - 1313 Oates Drive, Mesquite, Texas 75150 - (800) 447-5375 (214) 321-3238 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. 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. Questions? Littler Mendelson PC has expanded its labor management relations practice, adding a former special counsel with more than 20 years of . 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. General Data Protection Regulation (GDPR), Global Workplace Transformation Initiative. 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. Prohibits a business that sells or serves alcohol from employing an individual convicted of a sex crime to directly participate in selling, delivering, or dispensing alcoholic beverages. 2023-1. 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. Note that the Act does not apply to HR data. Hostile Environment Harassment At the same time, a host of new legal developments have imposed additional requirements on Massachusetts employers. And new lawsparticularly at the local levelare often subject to amendment. Representation of Financially Disabled Persons in Arbitration. 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. 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. Amends the definition of victim of domestic violence to include a victim subject to acts or threats of economic abuse for purposes of New York Citys Human Rights Law. 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. This is likely because state legislatures focused on emergency pandemic-related laws while in session. Although this Insight touches on some industry-specific laws, the focus is on generally applicable labor and employment laws enacted in states and larger municipalities. 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. 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. This legal update will guide employers through this new, and constantly changing, landscape. Amends the debarment procedure for government contractors that may be barred from public contracts if the government contractor misclassifies their workers. In this article, we share a round-up of the key developments from a regulatory perspective for HR Professionals in UK financial services firms. Amends the New Mexico Human Rights Act to prohibit employment discrimination on the basis of gender and gender identity. Eliminates the requirement for an employer to submit specified demographic data along with the employer's quarterly filings. In addition, employers must adopt a lactation accommodation policy to be distributed at hire, to employees returning to work after childbirth, and on an annual basis. Washington: City of Tukwila Initiative Measure No. General Data Protection Regulation (GDPR), Global Workplace Transformation Initiative. Prohibits employers from performing unjustified searches of an employees vehicle under certain conditions, and prohibits requiring an employee or prospective employee from waiving such protections as a condition of employment. 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. Littler Mendelson P.C. Provides that background checks are required for home health aides that work with vulnerable persons, as defined by Washington law. Limits the amount of wages that can be garnished for student loan repayment to 15% of garnishees weekly disposable earnings. In addition, this list does not include laws regarding minimum wage and overtime requirements. The Golden State once again enacted the lions share of new laws. Clarifies when a no-rehire provision in a settlement agreement regarding harassment, sexual assault, or criminal conduct is permitted; requires certain employer documentation. 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. Statute of Limitations for Wage/Hour Discharge Discrimination Complaints. 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. 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. Were ready for your tomorrow because were built for it. Creates a definition for antisemitism to be used in determining whether a discriminatory act has occurred. Expands eligibility for unemployment benefits due to a separation of employment because of the death, illness, or disability of a family member, or related to the care of a child or vulnerable adult. Registration: 8:30 - 9:00 a.m. 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. Provides that a transportation network company driver is an independent contractor, and not an employee of the transportation network company. 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. Littler bills itself as being the largest law firm in the world dedicated to solely representing management in employment and labor matters. Littler also received an honorable mention in the Advancement category. ContactShea Geyer at sgeyer@littler.com. Allows employer to require that employees in safety-sensitive positions at petroleum facilities covered by collective bargaining agreements, and paid at least 30% more than the state minimum wage, remain on premises and on call during rest breaks. Permits the use, sale, and distribution of hemp-derived cannabinoids by individuals 21 years and older, beginning January 1, 2024. Prohibits an employer from requiring proof of vaccination or COVID-19 testing as a condition of contracting, hiring, promotion, or continued employment; prohibits discrimination against an individual for refusing vaccination, testing, or face coverings. For the past several years, we have reported on employment and labor laws taking effect mid-year. #EmploymentLaw Update 2023: New Compliance Obligations for the New Year https://bit.ly/3zHJQTz, We are proud to share that Littler has received the Gold Standard Certification from the Women in Law Empowerment Forum for the 13th consecutive year! Were ready for your tomorrow because were built for it. Establishes requirements for obtaining a certificate of authority for self-funded multiple employer welfare arrangements. 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. Littler Investigation Toolkit for Employers, Littler Inclusion, Equity and Diversity Playbook, Whistleblowing, Compliance and Investigations. #emplaw #BackgroundChecks (Subscription required) via SHRM https://bit.ly/3JBJAKL, Littler welcomes back Shareholder Thomas S. Grow, who joins our Labor Relations Management Practice in the Washington, D.C. office. 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. 2022-31. A breakfast briefing to discuss trending legal issues facing employers in Alabama, this event will provide an update on topics such as pay equity, remote work as an accommodation under the Americans with Disabilities Act, leave benefits for adoption, and recent 11th Circuit and Alabama case law impacting employers. 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). Amends the Virginia Minimum Wage Act to remove the subminimum wage rate for employees with disabilities beginning July 1, 2030. Creates a constitutional amendment that legalizes the recreational use of cannabis. People. Michael Wilder is taking over from Kate Mrkonich Wilson after she exhausted the role's three-year term limit, Littler said. Wilder has spent nearly his whole legal career at Littler, first as a summer associate and then as a full-time attorney starting in August 2006, according to his LinkedIn profile. U.S. Supreme Court Strikes Down Race-Conscious Admissions What Does it Mean for Employers? Expands employers advance notice and severance pay obligations under the Millville Dallas Airmotive Plant Job Loss Notification Act (New Jersey mini-WARN). Entitles an employee to take time off to vote either on the day of the election or on one of the advance in-person voting days. 2022 Employment Law Update | Littler Mendelson P.C. 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. The service members spouse must provide written notice and written proof of the permanent change of station to the employer. Allows rehabilitated individuals to petition the court to restrict and seal certain criminal records, and prohibits the use of an employees criminal history information in an action against an employer for the employees actions. Notably, the amendments signed by the governor on March 3, 2023, remove the requirement to pay employees 15% of the overtime payment as damages for violations resulting in mandatory overtime shifts. Requires acute care hospitals to supply PPE to employees who provide direct patient care, and ensure that employees use PPE. This fast-paced, highly entertaining webinar provides a unique opportunity to understand the latest court cases, legislative and regulatory activity, and crucial developments that will affect your workplace and your responsibilities. Increases the penalties for an employer that wrongfully fails to withhold wages pursuant to a child support income assignment order. Establishes the circumstances under which certain independent contractors are not considered employees for purposes of various laws. Permits the recreational use of cannabis; prohibits an employer from discriminating against an employee for using cannabis during non-working hours; provides for the expungement of criminal records related to cannabis use. Littler experienced attorneys will cover hot topics and trends while providing some key take-aways for attendees. Interactive collection of resources helps guide employers in starting or expanding inclusion, equity and diversity programs. Repeals the requirement that an employer must have an employment certificate to employ a child under the age of 16. A panel of Littler Dallas attorneys will guide you through the maze of new developments and prepare you for the challenges ahead! Note that the term related medical conditions is not defined by the new law. 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. Questions? Enables employees who have chosen direct deposit to receive electronic confirmation of direct deposit in lieu of paper pay stubs. It is possible that the current effective date will once again be extended. This law establishing a Family and Medical Leave Insurance Program was enacted in 2019. 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. Those new laws are addressed in a separate Insight. #employmentlaw #localeverywhere https://bit.ly/3JyhkbS. 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. Finally, note that many state legislatures are still in session, so additional laws that will take effect this summer are bound to be enacted after publication. Provides that for purposes of any state law or rules and regulations, "sex" means a persons biological sex, either male or female, at birth. 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 . Provides that the settlement of wage complaints filed on or after January 1, 2024 with the Department of Labor must include interest on the amount owed at one percent per month. 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. Varies by provision - some become effective 7/1/2023 and 8/1/2023; others on 1/1/2024, Minnesota: Bloomington Ordinance No. See As Temperatures Rise, So Do Minimum Wage, Tipped, and Exempt Employee Pay Rates Across the United States for information on new wage rates taking effect across the country. 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. Creates the CROWN Act to prohibit employment discrimination based upon an individual's natural, protective, or cultural hairstyle. Expands categories of family members covered by CFRA leaves. Prohibits holding a handheld personal communications device while driving a motor vehicle, subject to several exceptions, including for emergency situations and personnel employed by certain emergency services. 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. Compared to prior years, there are significantly fewer new laws and regulations taking effect the first of the year. Further, places of public accommodation must not require documentation from the patron regarding the dog guides certification or license. Expands mandatory safety training to include employees performing work at sites primarily used for trade shows, conventions and related activities. Further provides that a party subject to arbitration may not waive the right to be represented by a lawyer in an arbitration proceeding or hearing, but an employer or labor organization may waive this right.
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littler mendelson employment law update
