Governor Philip D. Murphy recently signed Assembly Bill 4682 / Senate Bill 2389, establishing various employment protections for specific “service employees” during changes of ownership. This bill goes into effect on October 22, 2023—90 days from signing.
Archives for September 17, 2023
Nearly Every Employee in Portland, Maine Entitled to Hazard Pay Due to Hurricane Lee Emergency Declaration
On September 14, 2023, Maine Governor Janet Mills declared a state of emergency due to Hurricane Lee’s anticipated landfall on the Pine Tree state. Although this declaration is a seemingly routine measure to ramp up natural disaster response preparedness, it has triggered a costly hazard pay measure for nearly
New USCIS Guidance for Evaluating Extraordinary Ability, Outstanding Professor, Researcher Visa Classifications
U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual (PM) to provide guidance to USCIS officers on evaluating eligibility criteria for the EB-1A (extraordinary ability) and EB-1B (outstanding professor or researcher) employment-based immigrant visa classifications.
The EB-1 immigrant visa classifications are important methods for employers to sponsor outstanding
Beltway Buzz, September 15, 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.
New York Governor Signs Law Banning Mandatory ‘Captive Audience’ Meetings
On September 6, 2023, New York Governor Kathy Hochul signed a law that prohibits employers from requiring employees to attend employer-sponsored meetings the “primary purpose” of which is to communicate the employer’s opinions on religious or political matters, including relating to joining a labor organization. The new law, which took
Immigration Consequences of a Possible Federal Government Shutdown on October 1, 2023
The impact of a federal government shutdown come October 1, 2023, will vary among agencies, including those responsible for immigration-related matters, based on whether the agencies are fee generating (among other factors), though it is expected that certain government functions would continue.
First Circuit Issues Opinion Clarifying FLSA’s Administrative Exemption
On August 14, 2023, the U.S. Court of Appeals for the First Circuit issued a decision—Marcus v. American Contract Bridge League—clarifying and applying the standards for determining whether an employee qualifies for the Fair Labor Standards Act’s (FLSA) administrative exemption, and thus whether the employee is entitled to overtime payments
Reminder for Employers—New York Statewide Pay Transparency Law Takes Effect
The New York state law requiring employers to disclose expected compensation ranges in advertisements for jobs, promotions, and transfers takes effect on September 17, 2023. The law requires employers with four or more employees to disclose the minimum and maximum annual salary or hourly wage in advertisements for jobs, promotions,
OSHA Announces Options for National Heat Stress Rule
OSHA recently released potential heat illness control measures for consideration in crafting a national heat injury and illness rule. OSHA is holding a series of videoconferences, open to the public, with Small Entity Representatives to discuss these options. These steps indicate OSHA is moving
CPPA Mulls Draft Cybersecurity Audit Regulations Under CPRA
When the California Privacy Rights Act (CPRA) was enacted, it created the California Privacy Protection Agency (CPPA) and delegated to the CPPA significant regulatory authority. One of the areas of that authority is cybersecurity, which includes performing cybersecurity audits annually. On September 8, 2023, the CPPA considered a draft set
NLRB General Counsel Targets Non-Solicitation Agreements as well as Non-Competes
Last May, NLRB General Counsel (GC) Jennifer A. Abruzzo released Memorandum 23-08 claiming employers that require non-compete agreements violate the National Labor Relations Act.
California Fast Food Referendum Cancelled
A coalition of California businesses recently announced its agreement with labor unions to withdraw their referendum challenging Assembly Bill 257, also called the FAST Recovery Act, from next year’s ballot. The law established a Fast Food Council.
New York State’s Pay Transparency Law Takes Effect Sept. 17
Under New York’s new law on pay transparency, effective Sept. 17, employers in the state with at least four workers must include an hourly rate, salary or pay range for all advertised jobs and promotions.
EEOC Sues Len Stoler, Inc. for Disability Discrimination
BALTIMORE – A Baltimore-area car dealership violated federal law by demoting, and later discharging, an employee because of her disabilities, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
Seth Harris on MSNBC and Bloomberg Discussing the UAW Strike
I made three television appearances on September 14th and we want to share video from two of those appearances with you. September 14th at 11:59PM marked the expiration of the United Auto Workers’ contracts with Ford, Stellantis, and General Motors. The contracts’ expiration brought with it the expiration of