On May 24, 2023, Governor Tina Kotek signed into law legislation raising the maximum penalties for workplace fatality–related citations in Oregon far above federal limits. The law took effect immediately.
Colorado Expands Employer Job Posting Obligations: Promotional Opportunity Evolution
Employers across the country have grappled with the requirements of Colorado’s Equal Pay for Equal Work Act (EPEWA), since it went into effect on January 1, 2021. The act was the only one of its kind at the time, and has spawned similar legislative efforts around the country, including in
Connecticut Expands Workers’ Compensation Coverage for Post-Traumatic Stress Injuries for All Employees
On June 5, 2023, Substitute Bill No. 913 was enacted as Public Act (PA) No. 23-35, “An Act Expanding Workers’ Compensation Coverage for Post-Traumatic Stress Injuries for All Employees.”
Eleventh Circuit Holds Adverse Employment Action Is Required in ADA Failure-to-Accommodate Claim
On May 24, 2023, the U.S. Court of Appeals for the Eleventh Circuit found the latter. A 3–0 court held that an employer violates the Americans with Disabilities Act when it (a) fails to provide a reasonable accommodation to a qualified employee, and (b) the employee suffers an adverse action
Minnesota Adds Statewide Paid Sick and Safe Leave Starting on January 1, 2024
On May 24, 2023, Governor Tim Walz signed into law an omnibus jobs and economic development bill that included, among its many workplace-related provisions, the establishment of a statewide paid sick leave program, effective on January 1, 2024.
Colorado Sick Leave Requirements Expanded to Cover Absences for Bereavement and Inclement Weather
On June 2, 2023, Governor Jared Polis signed into law Senate Bill (SB) 23-017, which expands the qualifying reasons an employee may take leave under the Colorado Healthy Families and Workplaces Act (HFWA).
Beltway Buzz, June 2, 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.
Sixth Circuit Ruling Offers Clarity on Jurisdictional Border Between MSHA and OSHA
The U.S. Court of Appeals for the Sixth Circuit recently added some small clarity to the murky jurisdictional border between the Mine Safety and Health Administration and the Occupational Safety and Health Administration.
U.S. Department of Education Delays Release of Title IX Final Rules to October 2023
The much-anticipated release of the Biden administration’s final revisions to the regulations implementing Title IX of the Education Amendments of 1972 will be delayed to October 2023, the U.S. Department of Education recently announced.
Supreme Court Holds NLRA Does Not Preempt Claims for Intentional Property Damage Committed by Strikers
On June 1, 2023, the Supreme Court of the United States ruled that the National Labor Relations Act (NLRA) does not preempt an employer’s state court tort claims alleging a union intentionally destroyed the employer’s property during a strike. The ruling is significant for employers in that it could open
California’s Workplace Violence Bill Passes State Senate and Heads to Assembly
On May 31, 2023, the California Senate passed Senate Bill (SB) No. 553 by a vote of 29–8. The legislation would establish new workplace violence prevention standards in California.
Four Key (and Surprising) Points for Navigating FMLA Leave
Complying with the various legal and practical requirements of the Family and Medical Leave Act (FMLA) and its regulations is an ongoing challenge for employers, particularly when it comes to questions about when an employee qualifies for leave. Here are some key points regarding the FMLA that employers may want
Texas Passes the CROWN Act, Joining 20 Other States in Banning Racial Discrimination Based on Hair Texture or Hairstyle
On May 27, 2023, Governor Greg Abbott signed into law the CROWN Act (House Bill No. 567), making Texas the twenty-first state to ban racial discrimination based on hair texture or hairstyle in schools, employment, and housing.
New Washington Class Action Raises Concerns for Employers Under State’s Noncompete Ban
A putative class action recently filed in Seattle, Washington, against a solar energy equipment company could be the first lawsuit to test the bounds of the state’s relatively new restrictions on noncompetition agreements for lower-wage employees.
NLRB General Counsel Says Noncompete Agreements Violate Federal Labor Law
The National Labor Relations Board General Counsel (GC) issued a memorandum on May 30, 2023, declaring her opinion that the “proffer, maintenance, and enforcement’ of noncompete agreements in employment contracts and severance agreements violate the National Labor Relations Act (NLRA) “except in limited circumstances.”