The National Labor Relations Board (the “NLRB”) recently issued a new decision, Stericycle, Inc., that broadly affects how most employers will think about their employment handbooks and policies. Employer should consider implementing a number of best practices to reduce their risk.
Archives for October 6, 2023
Richard Greenberg, Daniel Jacobs, Henry Shapiro, Noel Tripp, Christopher Valentino and Kevin Murray author “Upcoming Changes to New York’s Employment Laws,” published by SHRM.
In August 2021, New York’s Department of Health adopted an emergency rule 10 N.Y.C.R.R. § 2.61 (the Rule) directing hospitals, nursing homes, hospices, adult care facilities, and other identified healthcare entities to “continuously require” certain of their employees to be fully vaccinated against COVID-19. The Rule established a medical exemption to the vaccination requirement, but—
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that Kristin S. Gray, Partner in the firm’s Spartanburg, SC office was recognized by Profiles in Diversity Journal in its 2023 Women Worth Watching issue. The prestigious award is in its 22nd year and is featured in the publication’s third quarter issue.
The Marijuana Regulation and Taxation Act (MRTA) amended Labor Law 201(d) to protect employees in New York state from discrimination in employment based on the employees’ legal use of cannabis outside of the workplace during non-working hours.
The Fourth Circuit weighed in on the complex area of equitable relief under ERISA § 502(a)(3), holding that recovery under an unjust enrichment theory may provide claimants with an alternate path to monetary relief under the statute.
This is the second of the two-part series Navigating Changes to a Job Post-PERM Certification, which evaluates the impact a job change may have on an approved, certified PERM and during a foreign national’s green card process.
As explained in Part 1, there are circumstances where it may not be
On September 20, 2023, Governor Gavin Newsom signed Senate Bill No. 553 (“SB 553”) into law, which requires covered California employers to take steps to prevent and respond to workplace violence. Notably, SB 553 adds Section 6401.9 to the California Labor Code, which, effective July 1, 2024, requires covered employers to adopt a comprehensive workplace violence prevention plan that must include, among other things, the following:
The names or job titles of the individuals responsible for implementing and maintaining the workplace violence prevention plan.
Procedures to obtain the active involvement of employees in developing, implementing, and reviewing the workplace violence prevention plan, including their participation in identifying, evaluating, and correcting workplace violence hazards, designing and implementing training, and reporting and investigating workplace violence incidents.
Methods the employer will use to coordinate the implementation of the workplace violation prevention plan among employees in the same facility or department.
Procedures for obtaining assistance from the appropriate law enforcement agency during all work shifts, including a written policy prohibiting the employer from disallowing or taking punitive or retaliatory action against an employee for seeking assistance or intervention from law enforcement or emergency services.
Procedures for the employer to respond to workplace violence and to prohibit retaliation against employees who make reports of workplace violence.
Procedures for ensuring compliance with the workplace violence prevention plan.
Procedures for communicating with employees regarding workplace violence matters.
Procedures for developing and providing training on the employer’s workplace violence prevention plan.
Assessment procedures to identify and evaluate risk factors for workplace violence.
Procedures for correcting workplace violence hazards in a timely manner.
Procedures for post-incident response and investigation.
Maintaining policies prohibiting the employer from requiring employees to confront active shooters or suspected shoplifters.
In addition to developing and implementing a workplace violence prevention plan, covered employers must also “record information in a violent incident log about every incident, post-incident, response, and workplace violation injury investigation” performed in accordance with the workplace violence prevention plan. The log must include information, including, but not limited to: (1) the date, time, and location of the incident; (2) a detailed description of the incident; (3) a classification of who committed the violence; (4) a classification of the circumstances at the time of the incident, including whether the employee was completing usual job duties; (5) a classification of the location of the violence incident; (6) the type of incident, including whether it involved physical, verbal, sexual, or animal attacks; (7) consequences of the incident, such as medical treatment needed and whether security or law enforcement was contacted; and (8) contact information for the individual completing the violent incident log.
The law covers all California employers except health care facilities, service categories, and operations covered by Section 3342 of Title 8 of the California Code of Regulations, facilities operated by the Department of Corrections and Rehabilitation that are in compliance with Section 3203 of Title 8 of the California Code of Regulations, law enforcement agencies that are a “department or participating department” as defined in Section 1001 of Title 11 of the California Code of Regulations and in compliance with Section 3203, employees teleworking from a location of the employee’s choice which is not under the control of the employer, and places of employment with less than 10 employees working at any given time and that are not accessible to the public and in compliance with Section 3203.
California employers subject to the law must also review and update their workplace violence prevention plans on an annual basis and provide an evaluation of the incidents that occurred and maintain records of workplace violence hazards previously identified.
Given the extensive and detailed requirements under California Labor Code section 6401.9, California employers should take active steps to ensure they have a compliant workplace violence prevention plan in place before July 1, 2024. Even if your workplace is not covered by the new law, it is a good idea to have a workplace violence prevention plan in place by next July, because most other employers in the state will have one and if a claim is made, you want to be able to point to a policy. Contact your favorite CDF attorney for more guidance.
Increases the number of job-protected paid leave hours employees can receive and use each year under state law. Extends some obligations and protections to employees covered by a CBA. Creates a partial preemption of local standards.
The DOL continues to focus on enforcement of child labor violations, with special attention to supply chain violations, including through subcontractors and staffing agencies. Recent publicity on this issue has highlighted how dangerous forms of child labor, and in particular child labor involving young
The U.S. Supreme Court has finally put an end to the litigation that has dogged STEM OPT for years. On October 2, 2023, the Court refused to hear the technology workers’ union’s challenge to the Obama-era program that allows graduates in STEM fields to work in the United States for
On October 4, 2023, Governor Gavin Newsom signed Senate Bill (SB) No. 616 into law. SB 616 amends California’s paid sick leave law to expand mandatory paid sick leave from three days or twenty-four hours to five days or forty hours. The increased paid sick leave requirements take effect on
On October 4, 2023, California’s Governor signed Senate Bill (SB) 616, which increases the amount of paid sick leave employers are required to provide to California employees.
Beginning on January 1, 2024, employers must increase the amount of sick leave provided to California employees from three days/24 hours to five
On September 27, 2023, U.S. Citizenship and Immigration Services (USCIS) issued an update to the USCIS Policy Manual to increase the maximum validity period to five years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens who are employment-authorized incident to status or circumstance, including those admitted as
The Colorado Department of Labor and Employment has issued proposed Equal Pay Transparency (EPT) Rules. The proposed rules seek to clarify Colorado’s Ensure Equal Pay for Equal Work Act. The Act, which goes into effect January 1, 2024, amended Colorado’s pay transparency statute. A public hearing on the proposed rules