On July 10, 2023, Governor Newsome signed over 20 budget-related bills, which go into effect immediately. One of those bills (AB 102) includes funding for the defunct Industrial Welfare Commission (“IWC”).
Archives for July 17, 2023
California Supreme Court Limits Employer Liability for COVID-19 Infections in Employee Households
Since the beginning of the COVID-19 pandemic, employers have often asked about the limits of liability for workplace COVID-19 infections that spread to family members. Last week, the California Supreme Court gave us answers.
Lawyers of Color Honors Jackson Lewis with Industry Diversity Award and Features Firm on Law Firm Leaders List
Nationwide employment law firm Jackson Lewis P.C. is pleased to announce the firm has been selected as a winner of the Industry Leader Diversity Award by Lawyers of Color. Additionally, nine of the firm’s attorneys and diversity legal professionals have been named to Lawyers of Color’s 2023 Law Firm Leaders list.
Tia Martarella Discusses Challenges to Gender-Affirming Care Bans
Tia Martarella discusses several challenges to state-level gender-affirming care bans and health plan exclusions and what they could mean for employers in “6 Gender-Affirming Health Care Appeals Attys Should Watch,” published by Law360.
Joshua Henderson Discusses Limitations of OSHA General Rule Clause for Heat-Related Citations
Joshua Henderson discusses the limitations of the Occupational Safety and Health Administration’s general duty clause for citing employers for heat-related illness because there are no set thresholds or exposure standards under the clause in “What Employers Need To Know To Beat Heat As Temps Soar,” published by Law360.
Andrew Maunz Discusses EEOC’s Shelved Pay Equity Data Initiative
Andrew Maunz discusses the potential of the U.S. Equal Employment Opportunity Commission restarting a data collection initiative aimed at tackling pay inequity by surveying employers for salary information broken down by race, gender and ethnicity in “Kotagal’s Arrival Pushes EEOC Into High Gear,” published by Law360.
Kathryn Russo Discusses Growing Trend of Employers Not Testing for THC
Kathryn Russo discusses a growing trend of employers choosing not to test for THC in pre-employment drug testing as use becomes more common in “Smoking weed after work? A growing number of employers don’t mind.” Published by The Washington Post.
Maine Enacts New Paid Family and Medical Leave Act
Beginning May 1, 2026, Maine’s new paid family leave law will allow Maine employees up to 12 weeks of family and medical leave benefits over a one-year period.
New York City’s New Pay Protections for App-Based Restaurant Delivery Workers Are Stayed
New York City was on track to becoming the first major U.S. city to implement a minimum pay-rate for app-based restaurant delivery workers. However, the new law, which was scheduled to go into effect July 12, 2023, has been stayed by New York State Supreme Court Judge Nicholas Moyne.
U.S. Supreme Court to Hear Whether Title VII Protects Employees Contending Discriminatory Transfer
The U.S. Supreme Court will decide whether Title VII of the Civil Rights Act prohibits discrimination in forced transfer decisions without also requiring a showing that the transfer decision caused the employee a materially significant disadvantage in Muldrow v. City of St. Louis, Mo., No. 22-193.
Goldberg Segalla Welcomes Samantha J. Spicer
Goldberg Segalla added Samantha J. Spicer to the firm’s Workers’ Compensation practice group in Hartford.
Goldberg Segalla Welcomes Ryan P. DiFlavio
Goldberg Segalla added Ryan P. DiFlavio to the firm’s Workers’ Compensation practice group in Buffalo.
Goldberg Segalla Welcomes Dylan C. Miller
Goldberg Segalla added Dylan C. Miller to the firm’s Workers’ Compensation practice group in Rochester.
Texas Federal Court Stiffs Restaurant Industry on Efforts to Strike Down Department of Labor Regulation on Tip Credit Work
Executive Summary: On July 6, 2023, a federal district court upheld the U.S. Department of Labor’s (DOL’s) regulations on the type and amount of work that tipped employees may perform while being paid the reduced minimum wage under the tip credit provisions of the federal Fair Labor Standards Act (FLSA). The tip credit provisions in the FLSA permit an employer to apply a tip credit and pay a subminimum wage of $2.13 if the tips to the employee are sufficient to result in the employee earning the minimum wage of $7.25 per hour. Judge Robert Pitman in the Western District of Texas granted the defendant DOL’s motion for summary judgment in the case brought by the Restaurant Law Center and Texas Restaurant Association and denied the plaintiffs’ motion for a preliminary injunction and motion for summary judgment seeking to invalidate the regulations limiting the type and amount of work that can be performed in a tipped occupation for which the lower minimum wage is paid. See Restaurant Law Center v. United States Department of Labor, Case 1:21-cv-01106-RP (July 6, 2023).
Eight Fields of Study Added Under STEM OPT Eligibility for Students
As part of the Biden Administration’s initiative to retain high-skilled foreign nationals in the United States, the Department of Homeland Security announced that it is adding eight new fields as qualifying fields of study for STEM (science, technology, engineering, or mathematics) Optional Practical Training (OPT).
STEM OPT is a