Hawaii has narrowed the scope of what employers can consider regarding an individual’s conviction history when making employment decisions.
Archives for October 6, 2020
California’s 2020 Legislative Session Brings Big Changes for Employers
California has closed a busy legislative session with more than 30 laws relevant to employers being signed by Governor Gavin Newsom. The 2020 session was influenced by the difficult events of 2020, from the COVID-19 pandemic to racial injustice.
U.S. Supreme Court to Hear ERISA Preemption Dispute
On October 6, 2020, the U.S. Supreme Court will hear argument on ERISA’s preemptive effect on a state law regulating pharmacy benefit managers’ (PBMs) generic drug reimbursement rates in Rutledge v. Pharmaceutical Care Management Association (No. 18-540).
Pennsylvania Expands Overtime Pay Beyond Federal Thresholds
This past weekend, Governor Tom Wolf’s new legislation went into effect, expanding Pennsylvania’s Minimum Wage Act (MWA) regulating overtime pay. The legislation increases the minimum salary an employee can earn and still be eligible for overtime.
What Does President Trump’s Executive Order on Combating Race and Sex Stereotyping Mean for Government Contractors?
On September 22, 2020, President Trump signed Executive Order 13950, Combating Race and Sex Stereotyping (the “EO”), which seeks to “combat offensive and anti-American race and sex stereotyping and scapegoating,” and end so-called “divisive concepts” covered in some of these workplace trainings.
The CCPA’s “B2B” Exemption Is Also Extended by Governor Newsom
By signing AB 1281 into law on September 29th, 2020, California Governor Gavin Newsom amended the California Consumer Privacy Act (“CCPA”) to extend until January 1, 2022, not only the current exemption on employee personal information from most of the CCPA’s protections, but also the so-called “B2B” exemption. Welcomed by
California Makes Certain Human Resources Professionals and Supervisors Mandated Child Abuse Reporters
The California Child Abuse and Neglect Reporting Law, adopted in 1980, requires that certain “mandated reporters” make formal reports of suspected child abuse to law enforcement authorities. As defined in the law, child abuse includes acts and omissions constituting physical abuse, sexual abuse (including both sexual assault and sexual
Pennsylvania Rule Increasing White Collar Exemption Salary Threshold Takes Effect
The Pennsylvania Department of Labor and Industry (DLI) published its final rule to substantially increase the salary threshold for qualifying as an exempt Executive, Administrative and Professional (EAP) employee under the Pennsylvania Minimum Wage Act (PMWA). The regulation increases the EAP salary threshold under Pennsylvania law to:
In Fractured Opinion, Michigan Supreme Court Strikes Down Governor’s Emergency Authority
On October 2, 2020, the Michigan Supreme Court ruled that the Emergency Powers of the Governor Act of 1945 (EPGA), MCL 10.31, et seq., was an unconstitutional delegation of power by the legislative branch to the administrative branch. Governor Whitmer had been relying on the EPGA as the authority
New York City Amends its Sick Leave Law to Align With State Law and Adds New Requirements for City Employers
On September 29, 2020, New York City Mayor Bill de Blasio signed New York City Council Int. No.
USCIS Premium Processing Fees: Bad News, Good News
Premium processing fees are going up (the bad news), but premium processing will be available for more types of cases (the good news) according to changes included in the recently passed Continuing Resolution (CR) that will fund the government until December 11, 2020. The changes are meant to provide additional
California’s Governor Signs Several Bills Causing Bold Changes to Employee Leaves
California wrapped up its 2020 Legislative Session with the Governor passing several bills that bring dramatic changes to employee leave requirements.
One of the first bills signed was Assembly Bill 1867, the statewide COVID-19 supplemental paid sick leave. AB 1867 fills in some of the exceptions contained in the Families
OSHA Issues Frequently Asked Questions Regarding COVID-19 Reporting Obligations
On September 30, 2020, the Occupational Safety and Health Administration (OSHA) released new Frequently Asked Questions (FAQs) regarding an employer’s obligation to report to OSHA cases of work-related COVID-19. The FAQs build upon previous OSHA guidance governing when and how to record and report confirmed positive cases of COVID-19
U.S. Supreme Court to Hear the First of Several ERISA Disputes This Term
The Supreme Court, whose new term begins today, the first Monday in October, will consider a number of cases impacting employee benefits and benefits litigation. This is the first in a series analyzing these cases as they are heard by the Court. The first issue up concerns prescription drug benefit