Recently, the Connecticut General Assembly sent Public Act No. 22-24 (Substitute Senate Bill No. 163), “An Act Protecting Employee Freedom of Speech and Conscience,” to Governor Ned Lamont’s desk for signature. If enacted, the law will amend Connecticut’s employee free speech statute, Conn. Gen. Stat. Section 31-51q, significantly limiting an
Archives for May 13, 2022
Beltway Buzz, May 13, 2022
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
Supreme Court to Consider Interplay of ERISA and Local “Play-or-Pay” Laws
The Employee Retirement Income Security Act of 1974 (“ERISA”) aims to balance the dual policies of (1) ensuring fair and prompt enforcement of rights under employee benefit plans, and (2) encouraging the creation of such plans. To strike this balance, ERISA pairs comprehensive rules regarding fiduciary responsibility with federal causes
Russia Office Closures ‘Incredibly Difficult’ for Big Law Firms
Stephan Swinkels talks about the challenges global law firms face in closing their Russia offices after the Ukraine invasion while complying with labor, immigration and sanctions laws.
Bloomberg Law
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California Minimum Wage Will Go to $15.50 in 2023 . . . and Could Go Higher
By: California Minimum Wage Will Go to $15.50 in 2023 . . . and Could Go Higher
The California minimum wage is currently $15 an hour for employers of 25 or more employees and $14 an hour for all employers of less than 25 employees.
California law says the state minimum
Mississippi Becomes the Last State to Enact an Equal Pay Law
On April 20, 2022, Mississippi became the last state in the nation to enact an equal pay law, when Governor Tate Reeves signed the Mississippi Equal Pay for Equal Work Act (“Mississippi Act” or “the Act”).1
Can an employer require two calls from an employee to request FMLA leave?
Sometimes employers’ policies will require an employee to notify more than one person about taking FMLA leave. This can be for very legitimate reasons. It might be that an employee is required to notify a supervisor and HR. Or, an employee might be asked to notify a Third Party Administrator (commonly abbreviated as a TPA), in addition to someone at the company. Although some courts have upheld an employer’s right to require an employee to notify multiple parties about FMLA leave, others have limited employer options.
NYC Mayor Signs Pay Transparency Law
Inflation May Trigger California’s Minimum Wage to Increase to $15.50 for All Employees on January 1, 2023
In 2017, California started its stair-step climb to a $15.00 minimum wage, allowing smaller businesses with 25 employees or less to raise their minimum wage on a delayed schedule from larger businesses. All employers regardless of size were scheduled to be at the same minimum wage of $15.00 per hour
NCAA Makes Next Play in Attempt to Limit Name, Image, and Likeness Activity
For the first time since the NCAA issued its Interim Name, Image and Likeness (NIL) Policy on July 1, 2021, the NCAA Board of Directors issued new guidance in an attempt to place some limits on the involvement of boosters in the rapidly growing NIL landscape.
The new guidance, issued
California’s Draft Regulations Spotlight Artificial Intelligence Tools’ Potential to Lead to Discrimination Claims
California is considering new regulations on the use of technology or artificial intelligence (AI) to screen job candidates or make other employment decisions. If the regulations become law, California would be the first state to adopt substantive restrictions specifically addressing this emerging, and often misunderstood, technology.
EEOC, DOJ Warn Artificial Intelligence in Employment Decisions Might Violate ADA
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), on May 12, 2022, issued guidance advising employers that the use of artificial intelligence (AI) and algorithmic decision-making processes to make employment decisions could result in unlawful discrimination against applicants and employees with disabilities.
Clarification on OFCCP’s New Compensation Directive 2022-01
Speaking to the Institute For Workplace Equality during its 2022 Annual Summit in Washington D.C., personnel from the U.S. Department of Labor Solicitor’s office (OFCCP’s attorneys) clarified the intent of the Agency’s new Compensation Directive 2022-01. Speaking to conference attendees, Beverly Dankowitz, Associate Solicitor for the Civil Rights and Labor-
Dealing With Undocumented Workers In ERISA Plans
Whether because of the tight U.S. labor market or flawed onboarding processes, many undocumented workers are becoming participants and accruing benefits in ERISA-governed employee benefit plans. Dealing with such plan participation adds yet another layer of administrative difficulty and legal exposure for employers who hire employees not authorized to work
All of Those Quitters? They’re at Work.
The Great Resignation was in fact a moment many people traded up for a better-paying gig.
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