On June 21, 2023, the New York State Department of Labor (NYSDOL) published updated regulations concerning the New York State Worker Adjustment and Retraining Notification Act (NYS WARN Act).
Archives for July 4, 2023
Rhode Island Governor Signs Ban on Nondisclosure, Non-Disparagement Agreements
Rhode Island Governor Daniel McKee has signed a bill that prohibits the use of nondisclosure or non-disparagement agreements regarding civil rights abuses “as a condition of employment.” According to a recent update to the legislature’s website, the bill was signed on June 22, 2023. Quick Hits The Rhode Island governor
State by State: Paid Sick Leave
This interactive chart maps the various state and local paid-sick-leave laws currently enacted, upcoming or on hold due to legal challenges.
New York City Releases New Guidance on Law Regulating Use of Automated Employment Decision-Making Tools
On June 29, 2023, the New York City Department of Consumer and Worker Protection (DCWP) issued new guidance on the enforcement of the city’s law regulating the use of automated employment decision tools (AEDTs) ahead of the July 5, 2023, effective date for final rules implementing the law.
Nearly 50 Years Later, the Supreme Court “Clarifies” the Undue Hardship Standard in Religious Accommodation Claims
In Groff v. DeJoy, the Supreme Court provided “clarification” on the undue hardship standard in religious accommodation claims. The Court heightened the burden on employers to defend against such claims and effectively requires that employers overhaul their own procedures for analysis of religious accommodations.
First Challenges to Florida’s 2023 Public-Sector Union Law Fizzle as New Requirements Take Effect
Public-sector employers in Florida will want to make certain they are in compliance with new restrictions on non-public safety unions (i.e., unions representing public-sector employees other than police officers, firefighters, and correctional officers), as Senate Bill 256 became effective on July 1, 2023.
Connecticut Expands Paid Sick and Safe Leave Uses
On June 26, 2023, Connecticut’s governor signed SB 2, which expands the reasons covered employees can use leave under the state’s paid sick and safe leave law, effective October 1, 2023.
EEOC Announces Major Change to 2022 EEO-1 Component 1 Data Collection Start Date
In a surprise move, the U.S. Equal Employment Opportunity Commission (EEOC) today posted an announcement to the EEO-1 landing page, stating that it was moving the tentative start date of the 2022 EEO-1 filing process to the fall of 2023.
Breathing Room for Employers as Court Enjoins Enforcement of California Privacy Rights Act Regulations
On June 30, 2023, a California court enjoined until March 29, 2024, enforcement of the final regulations implementing the California Privacy Rights Act (CPRA). Importantly for employers, this ruling prevents enforcement of only a portion of the web of requirements imposed by the new California privacy law. This ASAP
New Jersey Labor Department Says Temporary Worker Bill of Rights Applies Outside the State
The New Jersey Department of Labor and Workforce Development (NJDOL) recently clarified that temporary service firms in New Jersey must comply with the requirements of the state’s new Temporary Workers Bill of Rights (TWBR) law even when assigning temporary workers to a third-party client outside the state.
Express Yourself – Supreme Court Rules that Businesses May Deny “Expressive Services” to the Public Based on Their Owner’s Beliefs
Businesses providing goods and services to the public cannot be forced to provide expressive goods and services that are contrary to their beliefs. The First Amendment’s protection of free speech trumps legislation designed to ensure full and equal access to the goods and services private businesses provide to
Written Contract Will Be Required For Many Independent Contractors And Freelance Workers In Los Angeles Starting July 1, 2023
A new city ordinance in Los Angeles will take effect on July 1, 2023, which requires a written contract for many independent contractors and freelance workers who work in the city.
CBP Launches App for ESTA Travel Authorization on Mobile Devices
On June 21, 2023, U.S. Customs and Border Protection (CBP) announced the launch of a mobile app that will allow travelers from forty countries to apply for visa-free travel authorization directly on their handheld devices.
Supreme Court Strikes Down Affirmative Action in College Admissions
On June 29, 2023, the Supreme Court of the United States held that certain race-conscious college admissions policies violate the Equal Protection Clause of the Fourteenth Amendment, which prohibits discrimination based on race. The ruling comes in a decision consolidating two cases that challenged the use of race-conscious admissions policies
Cal Chamber Wins Breathing Room For Employers To Comply with CPRA’s Regulations
On the eve of the California Privacy Protection Agency’s (CPPA), the California Chamber of Commerce’s lawsuit obtained a significant victory as the Sacramento County Court granted an injunction against the CPPA delaying enforcement of its new regulations for one year from the March 29, 2023 effective date as applied to twelve of fifteen areas of regulation. In addition, as the other three areas subject to regulations have not been finalized, any enforcement actions must be delayed for one year after they become final. The Court recognized the difficulties that businesses would have coming to terms with newly published regulations on such a short time frame in light of the statutory intent to provide a twelve-month window. On July 14, 2023, the CPPA will hold a closed session to receive legal counsel guidance as to the CalChamber case, and could appeal that order.
In March, the CPPA announced that the new regulations interpreting the California Privacy Rights Act (CPRA) would be enforced starting on July 1, 2023.