The Connecticut Supreme Court recently adopted the U.S. Supreme Court’s relatively narrow definition of “supervisor” for use in determining when employers are liable under the Connecticut Fair Employment Practices Act (CFEPA) for creating or failing to remedy a hostile work environment. The decision provides employers with clarity as the term
Archives for August 11, 2024
Employer Alert: Texas Reaches $1.4B Settlement Over Allegations of Violation of Biometric Information Privacy Law
The landmark $1.4 billion settlement reached by the state of Texas and a social media company to settle allegations that the company’s platform unlawfully scanned the faces of millions of users in Texas serves as a warning to employers about increased enforcement of biometric information privacy laws.
Different School of Thought, Part IV: Partial Stays of Injunctions Against Enforcement of New Title IX Regs Requested From Supreme Court
On July 22, 2024, Solicitor General of the United States Elizabeth B. Prelogar submitted applications to the Supreme Court of the United States for a partial stay of two preliminary injunctions issued, respectively, by the U.S. District Court for the Western District of Louisiana on June 13, 2024 (affirmed by
Impact of Ohio Legal Recreational Marijuana on Employers: All Smoke and No Fire?
In November 2023, Ohio passed a recreational marijuana law. Sales of recreational marijuana began on August 6 in the Buckeye State, and employers can expect an uptick in employee use.
Employers’ rights with respect to marijuana use are unaffected by the new law. Employers are not:
Required to permit
September 2024 Visa Bulletin Shows Continuing EB-3 Retrogression, Hope to Come in October
As warned by the U.S. Department of State last month, the September 2024 Visa Bulletin shows major retrogression in EB-3 categories, and no advancement in any listed category.
What, If Any, Impact Does SEC v. Jarkesy Have on Immigration Compliance and Adjudication?
The Supreme Court’s recent decision in SEC v. Jarkesy held that certain Securities and Exchange Commission adjudications must take place in court because defendants are entitled to a jury trial. It will be interesting to see whether the principles of Jarkesy will apply such that complaints initiated by other federal
Hurricanes and Earthquakes and Wildfires, Oh My!—Key Disaster Preparedness Considerations for Employers
A rash of recent natural disasters, from hurricanes to earthquakes to wildfires, serves as a timely reminder to employers of the potential for natural disasters to disrupt their operations and cause imminent hazards in the workplace.
Beltway Buzz, August 9, 2024
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.
Different School of Thought, Part V: U.S. Department of Education Attempts to Clarify Scope of Injunctions Barring Enforcement of 2024 Title IX Regulations
The last eight weeks have seen at least six courts issue injunctions barring enforcement of the U.S. Department of Education’s 2024 Title IX Final Rule (the “2024 Rule”). Most injunction orders lack clarity about which higher educational institutions are covered by the injunctions. This has resulted in a confusing enforcement
DOL’s Salary Rule for Exempt Employees In Jeopardy After Fifth Circuit Oral Argument
A Fifth Circuit panel heard oral argument on Wednesday, August 7, on whether Department of Labor (DOL) regulations imposing a salary requirement to satisfy the executive, administrative and professional exemptions is valid.
The case on appeal, Mayfield v U.S. Department of Labor, does not address the minimum salary level increase
Employers With 30 or More Employees in Minnesota Required to Provide Salary Ranges in Job Postings, Beginning in 2025
Effective January 1, 2025, employers with thirty or more workers in Minnesota will be required to provide salary ranges and a general description of benefits in job postings—a requirement that appears to apply to recruiting and staffing companies in Minnesota seeking candidates to work for employers in other states.
New Minnesota Law Voids Restrictive Employment Covenants in Service Contracts, Except for Computer Professionals
Minnesota’s legislature rushed through several bills this year affecting recruiting and staffing associations and other service providers such as property management companies. One such law may, as one member of the Minnesota House of Representatives noted, have “profound” consequences for service providers regarding contractual conversion fees. As the law is
Hawaii’s New ‘Captive Audience’ Law: What Employers Need to Know
Judy Iriye, Kate Pitzak and Chase Parongao discuss Hawaii’s Captive Audience Prohibition Act (SB 2715), which restricts employers from requiring employees to attend employer-sponsored meetings.
SHRM
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Supreme Court’s Decision Seen Changing Rulemaking
Alexander MacDonald and Michael Lotito say the Chevron precedent may cause federal agency policymakers to file more lawsuits to establish their interpretations in court, and they may look for friendlier venues to file those lawsuits to improve their chances.
Material Handling & Logistics
Recent Injunction Decisions Muddy Labor Board’s Future
Alex MacDonald says the NLRB’s judges aren’t necessarily the sort of officers whom the president has the power to remove under Jarkesy and Supreme Court precedents.
Law360 Employment Authority
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