Although not widespread, ordinances prohibiting discrimination based on natural hairstyles and textures are not completely foreign to Florida, and amidst a perceived rise in “anti-wokeness,” employers in the Sunshine State must remember the sun has not set on local governments’ ability to impose liability for discrimination based on natural
Archives for July 23, 2023
DHS Makes Qualified Employers’ Virtual Inspection of Form I-9 Original Documentation Permanent Option
On July 21, 2023, the Department of Homeland Security (DHS) announced a final rule, which will be officially published on July 25, 2023, that will provide eligible employers filling out the Employment Eligibility Verification Form I-9 an optional alternative to the in-person physical document examination method that employers have followed
Maine Raises Discrimination Damages Caps and Expands Employee Protections
Maine recently wrapped a busy 2023 legislative session that brought several significant legal changes relevant for employers. Those changes include increasing the cap on damages for violations of the Maine Human Rights Act (MHRA), expanding the protections of Maine Equal Pay Law to include race, amending the Workers’ Compensation Act
Fifth Circuit Holds Christian-Owned Business Has Religious Exemption From LGBTQ+ Discrimination Claims
The U.S. Court of Appeals for the Fifth Circuit recently ruled that prohibitions against discriminatory employment practices against the LGTBQ+ community under Title VII of the Civil Rights Act of 1964 are inapplicable to religious, private, for-profit companies that possess sincere, religious objections to gender nonconforming conduct.
Illinois Supreme Court Declines to Reconsider Privacy Act Per-Scan Damages
On July 18, 2023, the Supreme Court of Illinois declined to reconsider its February 2023 holding that claims under the state’s Biometric Information Privacy Act (Privacy Act or BIPA) accrue on each and every scan or transmission. The denial drew a dissent from three justices, who argued that a per-scan
Cal/OSHA Standards Board Considers ETS for Respirable Crystalline Silica Exposure in Engineered Stone Fabrication Industry
On July 20, 2023, the California Division of Occupational Safety and Health Standards Board (Cal/OSHA Standards Board) held its monthly meeting and received public comments on Petition File No. 597, a proposal to amend Title 8, General Industry Safety Orders, Section 5204 of the California Code of Regulations to require
DHS Announces the Release of a New Form I-9 and a Remote Verification Option for Certain Employers
On July 21, 2023, U.S. Citizenship and Immigration Services announced that it would publish a revised Form I-9, Employment Eligibility Verification. In addition, the U.S. Department of Homeland Security announced a final rule establishing an optional remote procedure for employers meeting certain requirements to complete the I-9 employment verification process.
Beltway Buzz, July 21, 2023
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.
Employment Terminations and Severance Agreements in Business Transactions and Restructurings
To Terminate Or Not Terminate, That Is The Question.
Whether selling, acquiring, or restructuring a business, the complex issue of employment relationships and what to do with them should be considered as early in the process as possible. There are often sound business and legal reasons, affecting all sides of a deal/restructure, for the selling entity to formally terminate employment relationships with its employees prior to the close of a transaction. This is true even where the parties anticipate that the universe of the seller’s employees will seamlessly commence employment with the acquiring entity. On the other hand, there are also competing and equally compelling reasons not to terminate those relationships, making the risks of doing so “not worth it.”
Terminating the employment of a seller’s employees can mitigate risks of exposure to liability for employment-related claims and provide a bright-line date of termination from employment by one entity before employment commences with another entity. This is particularly beneficial if the subsequent employment will likely be with the entity acquiring the business, and the seller’s former employees will continue to work in the same facility post-acquisition, performing the same functions, using the same equipment and reporting to the same management. A formal and clearly documented employment termination protects both the seller and the buyer.
On the other hand, the costs of terminating employment relationships can be significant. At termination, employees must be paid all wages owed, accrued vacation time, and potentially severance pay. These costs may render employment separation unattractive. In addition, there are practical implications of employment separation that can complicate the buyer’s transition and create unwanted delays in setting up operations, payroll, and benefits. A seller may also decide not to terminate its employees in the interest of maintaining confidentiality about the transaction and avoiding uncertainty about retaining the necessary personnel to promote a smooth transition in ownership.
Yes, You Can Require Your Employees to Post on Social Media
Should you force your employees to post about how fabulous your business is on their own social media?
Ethically, I’m going to say no. And some places, like Glassdoor, don’t want incentivized or coerced content. They will remove it if they think your boss is requiring you to
California Employers Beware: AG Announces CCPA Investigative Sweep
California’s top prosecutor just announced his office is conducting an investigative sweep of whether and how large California employers have complied with data privacy…
CDF Wage and Hour Task Force Monthly Tips – Checking In On Paychecks (Or At Least That Top Portion)
By: CDF Wage and Hour Task Force Monthly Tips – Checking In On Paychecks (Or At Least That Top Portion)
By: CDF Wage and Hour Task Force Monthly Tips – Checking In On Paychecks (Or At Least That Top Portion)
This is the sixth post in our monthly series of CDF’s Labor
An “AI Summer” in California?
What’s in store for artificial intelligence (AI) in California? Will there be an “AI summer” hiatus as the Assembly recommends, or will legislation and regulatory proposals go forging ahead? Regardless of whether California bills to regulate the use of AI advance, the issues addressed in such legislation underscore issues
Musings on the Supreme Court Affirmative Action Decision
The Supreme Court’s recent ruling in Students for Fair Admissions v. Harvard outlaws consideration of race in university admissions. The decision overturns years of precedent permitting race to be a factor in a holistic admissions process. The decision inaccurately equates diversity efforts with historic racism against Blacks, and
Supreme Court Debates U.S. Government’s Race and Ethnicity Categories: What Employers Need to Know
On June 29, 2023, the Supreme Court of the United States struck down affirmative action in college admissions, leaving employers to wrestle with the implications of the decision for various diversity, equity, and inclusion initiatives. The decision also contained a robust debate over the government’s race and ethnicity categories, which