On November 3, 2020, Colorado voters passed Proposition 118, a ballot initiative establishing a paid family and medical leave program. The new law, known as the “Paid Family and Medical Leave Insurance Act,” provides for 12 weeks of paid family and medical leave funded through a payroll tax paid by
Archives for November 10, 2020
DHS Proposes Shift to Wage-Based H-1B Selection Process
On November 2, 2020, the U.S. Department of Homeland Security (DHS) published a proposed rule that, if implemented, would amend the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for H-1B cap-subject petitions. The proposed rule would replace the current H-1B random selection lottery process with
OFCCP Final Rule For Procedures to Resolve Potential Employment Discrimination Published
As we previewed last week, OFCCP’s rule codifying procedures for resolving allegations of potential discrimination through the use of a Pre-Determination Notice (PDN) or Notice of Violation (NOV) has been officially published in the Federal Register.
The main purpose of rule is to codify practices to “provide contractors with greater
Florida Passes Amendment 2, Gradually Increasing Florida’s Minimum Wage to $15 an Hour
On November 3, 2020, Florida voters approved Amendment 2, which will amend Florida’s constitution to gradually increase the state’s minimum wage to $15 an hour by the year 2026. In Florida, a constitutional amendment must be passed by a “super-majority” (equal to or greater than 60%). Amendment 2 passed
The ABCs of Associate Success
Christine Sargent navigates the challenging ins and outs of associate success in a law firm.
The Verdict
Labor Board Provides Guidance on Propriety of Mail or Manual Ballot Elections
The National Labor Relations Board (NLRB) has established standards for its regional directors to weigh in on whether a representation election in which COVID-19 is a concern should be conducted by mail ballot or in-person (manual) ballot. Aspirus Keweenaw, 370 NLRB No. 45 (2020).
Chairman John F. Ring and Members
Oregon OSHA Issues Sweeping Temporary COVID-19 Safety Rules for Employers
On Friday, November 6, the Oregon Occupational Safety and Health Administration (OR-OSHA) released the final Temporary Rule Addressing COVID-19 Workplace Risks. The Rule takes effect November 16, 2020, and requires all employers operating in Oregon to comply with a number of COVID-19-related mandatory health and safety standards.
Bill Introduced In Congress to Create Website Accessibility Standards
Legislation was introduced in the House of Representatives to try to alleviate the lack of clarity concerning how companies are supposed to make websites accessible to vision impaired individuals. There is currently no law or regulations under the Americans with Disabilities Act (“ADA”) directly addressing technical or legal standards for
UPDATE: Can your employer require you to take a COVID-19 vaccine?
Barry Hartstein clarifies if employers can require COVID-19 vaccines for their employees.
Ameritrade
California Issues Guidance on New Pay Data Reporting Requirements But Leaves Some Questions Pending
At the end of California’s 2020 legislative session, Governor Newsom signed Senate Bill 973 (SB 973), which created pay data reporting requirements for employers starting in March 2021. However, the new legislation left some uncertainty for employers in several areas.
The Department of Fair Employment and Housing (DFEH) promised in
Arizona Passes Initiative to Allow Recreational Marijuana Use
Arizona 2020 voters decidedly adopted Proposition 207 – The Smart and Safe Arizona Act – which legalizes the possession and use of marijuana by adults age 21 and over for recreational or non-medicinal use. The initiative passed with roughly a 20% margin. This means that Arizona will join the
Sixth Circuit Backs Termination of Public Employee for Racially Derogatory Social Media Post on 2016 Presidential Election
On October 6, 2020, in Bennett v. Metropolitan Government of Nashville, No. 19-5818, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s decision in favor of a public employee who claimed that the city had terminated her employment in retaliation for exercising her rights under the
Guidance Provided from the California Department of Public Health on AB-685
On September 17, 2020, Governor Gavin Newsom signed Assembly Bill 685 (“AB 685”) into law, and in doing so amended provisions of California’s Health and Safety and Labor Codes. AB 685 explicitly amended Labor Code section 6409.6 to grant California’s Division of Occupational Safety and Health (“DOSH” or “Cal OSHA”)
The Future of Wage and Hour Law In the Biden Administration
As President-elect Joe Biden selects members of his Cabinet and prepares for his transition into the presidency, he and a Democratic majority in the House of Representatives may pursue a number of significant pieces of federal workplace legislation. Many of these employment law measures successfully passed the House in 2019
New State Employment Laws Set to Take Effect on January 1, 2021
As employers continue to grapple with the ever-changing legal landscape of COVID-era regulations, 2021 will bring changes to the traditional realm of employment law in dozens of jurisdictions. Compared to prior years, there are significantly fewer new laws and regulations taking effect the first of the year. This is