Employers in Washington will soon be prohibited from making hiring decisions based on preemployment testing for off-the-job cannabis use or test results showing nonpsychoactive cannabis metabolites in an applicant’s hair, blood, urine, or other bodily fluids. Washington’s new law, Senate Bill 5123, signed by Governor Jay Inslee on May 9,
Archives for May 29, 2023
Minnesota Governor Signs Labor Funding, Noncompete Ban Bill Into Law
On May 24, 2023, Minnesota Governor Tim Walz signed into law a sweeping omnibus jobs and economic development and labor funding bill that will invest $500 million in a fund to match federal investments in infrastructure and large-scale development projects. This bill also fundamentally changes several areas of Minnesota employment
Minnesota Legislature Passes Significant Employee Leave Laws
Minnesota is now the 12th state to adopt a statewide program providing compensation to employees during family and medical leaves. It also joined the over 40 state and local jurisdictions mandating employer paid sick leave. Eligible Minnesota employees will be entitled to up to 48 hours of paid sick and
Minnesota Establishes State-Sponsored ‘Secure Choice’ Retirement Program for Private-Sector Employers Without Retirement Plans
On May 19, 2023, Governor Tim Walz signed into law House File No. 782, establishing the Minnesota Secure Choice retirement program. Minnesota has now joined California, Colorado, Oregon, Illinois, and other states in creating a state-run retirement savings program for employees working with small employers without their own retirement plans.
NLRB General Counsel Seeks Quicker Compliance With Board Orders
In yet another effort to speed up the processing of cases, the National Labor Relations Board (NLRB) general counsel on May 22, 2023, issued a memorandum instructing Regional Offices to speed up compliance with Board-ordered remedies in labor cases.
State Department Delays Fee Increases for Nonimmigrant Visa and Special Visa Applications
On May 26, 2023, the U.S. Department of State announced the delay of the implementation of the final rule raising nonimmigrant visa application processing fees and the fee for a Border Crossing Card for Mexican citizens age fifteen and older. The effective date has been delayed from May 30, 2023,
Online Studies Policy to Resume for Foreign Students as COVID-19 Flexibility Ends
With the end of the COVID-19 National Emergency in the United States, the Student and Exchange Visitor Program (SEVP) has reinstated its preexisting policy regarding online classes.
Accordingly, for the 2023-24 academic year (starting fall 2023), students will have to comply with the SEVP’s pre-COVID-19 restrictions. Students will be able
NYSDFS Fines Lender and Mortgage Servicer $4.25M for Cybersecurity Failures Including Vendor Management
Yesterday, New York’s Department of Financial Services (“DFS”) announced another enforcement action under the state’s Cybersecurity Requirements for Financial Services Companies, 23 N.Y.C.R.R. Part 500 (“Reg 500”). According to the press release, OneMain Financial Group LLC (“OneMain”) will pay a $4.25 million penalty to New York State for alleged violations
Uber’s ‘Karen’ Problem: What DEI Training Is Supposed to Look Like
While we can all agree that calling a white woman “a Karen” (which is different than someone whose name is Karen) is offensive, and we shouldn’t call women that. But, employees don’t need a presentation–or two–on why they shouldn’t do that.
Bo Young Lee, Uber’s head
Evanston, Illinois Establishes a Fair Workweek Ordinance
Evanston, Illinois Fair Workweek Ordinance will require covered employers to provide a written good-faith estimate of work schedules and premium pay for changes. The ordinance, which takes effect on September 1, 2023, includes a host of new scheduling and recordkeeping requirements for employers in the hospitality, food service,
Federal regulators urge HR to perform AI bias audits
Jim Paretti offers advice on the EEOC’s latest warning about AI bias in hiring, which may prompt employers to conduct AI audits, either done internally or with independent third parties.
TechTarget
NYC, Restaurant Groups Bring ‘Just Cause’ Args To 2nd Circ.
Eli Freedberg shares insight about New York City’s “just cause” protections for fast food workers.
Law360 Employment Authority
View (Subscription required.)
Manufacturer Must Pay Record $22 Million for Wage and Hour Violations
Robert Pritchard weighs in on a case in which a federal court jury ordered an employer to pay the largest recorded jury verdict under the Fair Labor Standards Act for wage and hour violations.
SHRM Online
View (Subscription required.)
June 2023 Visa Bulletin Brings Warning of EB-3 Final Action Date Retrogression for India
The U.S. Department of State’s Bureau of Consular Affairs has released the June 2023 Visa Bulletin and U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will accept employment-based I-485 adjustment of status applications per the bulletin’s Final Action Dates chart.
Obesity as a Disability Under the Americans With Disabilities Act
The Americans with Disabilities Act protects most job applicants and employees from discrimination, harassment, or retaliation based on disability. While employers are likely familiar with many of the physical and mental conditions that are commonly considered disabilities, one gaining more and more attention is obesity.