On January 1, 2020 the California Consumer Privacy Act (CCPA) took effect. Largely considered the most expansive U.S. privacy law to date, there has been much anticipation over the impact the law will have on the privacy litigation landscape. Although the California Attorney General’s (“AG”) enforcement authority only begins on
Archives for July 2, 2020
OFCCP Finalizes Rule Confirming No Jurisdiction Over TRICARE Providers
OFCCP has finalized its rule making to officially confirm the Agency does not, and should not, exert authority over TRICARE providers. OFCCP first took this position in a proposed rule making in November 2019. In the final rule, OFCCP concluded it does not have jurisdiction over healthcare providers based solely
States Enact Laws Limiting COVID-19 Liability
Previously, we discussed the increasing number of lawsuits filed against employers relating to COVID-19, and how these numbers are expected to swell. Perhaps recognizing the economic ruin that could befall employers facing COVID-19 liability, a number of states have enacted or are considering legislation that would hold employers acting
Indiana Supreme Court Clarifies When Liquidated Damages Become ‘Unenforceable Penalties’
On December 18, 2019, in American Consulting, Inc. d/b/a American Structurepoint, Inc. v. Hannum Wagle & Cline Engineering, Inc., et al., the Indiana Supreme Court provided clarity about when liquidated damages become unenforceable penalties.
Tennessee Pregnant Workers Fairness Act
The “Tennessee Pregnant Workers Fairness Act” (Senate Bill 2520) requires every employer with at least 15 employees to make a reasonable accommodation for an employee’s or prospective employee’s medical needs arising from pregnancy, childbirth, or related medical conditions, unless such accommodation would impose an undue hardship on business operations. The
Changes to Chicago Paid Sick Leave Ordinance Become Effective July 1, 2020
On July 1, 2020, a number of substantive changes (including expanded coverage) to Chicago’s Paid Sick Leave Ordinance (PSLO) will become effective. These changes stem from recent amendments to the PSLO and the rules adopted by Chicago’s Department of Business Affairs and Consumer Protection (BACP). Read more.
Practical Questions for Employers Following the Bostock Decision, Part 2: Dress Codes and Grooming Standards
On June 15, 2020, the Supreme Court of the United States issued its decision in Bostock v. Clayton County, Georgia, holding that, pursuant to Title VII of the Civil Rights Act of 1964, as amended, covered employers may not discriminate against applicants or employees on the basis of sexual orientation
New York State Imposes Restrictions on Travelers Due to COVID-19 Resurgence
On June 24, 2020, in response to the ongoing risk posed by a resurgence of COVID-19 infections in some states, New York Governor Andrew Cuomo issued Executive Order (EO) 205 directing the New York State Department of Health (NYSDOH) to issue a travel advisory for all persons entering New York
Oakland’s Emergency Paid Sick Leave Ordinance Poster Now Available
On June 19, 2020, the City of Oakland, California, published a notice poster for employers to provide to their employees regarding Oakland’s Emergency Paid Sick Leave Ordinance.
New York Agencies Issue Guidance on COVID-19 Sick Leave for Health Care Workers
On June 25, 2020, the New York Department of Health (NY DOH) and the New York Department of Labor (NY DOL) issued new guidance, titled New York State Department of Health and New York State Department of Labor Guidance on Use of COVID-19 Sick Leave for Health Care Employers
Summer Break Does Not Necessarily Mean A Break From FFCRA Leave Requirements
Its July. A time when in normal years, schools are closed and families are planning vacations. But in 2020, paid vacation is being replaced with paid leave under the Families First Coronavirus Response Act (“FFCRA”), leaving employers asking, can they still do that?!
For public employers and employers with less