On January 25, 2016, the Supreme Court of Puerto Rico held that employers in Puerto Rico should provide a safe, private, and hygienic place for working nursing mothers to extract breast milk during the nursing period as provided under Act No. 427-2000, as amended (“Act 427”).
Articles Discussing Labor And Employment Law In All Fifty Us States And Puerto Rico.
Connecticut Long-Term Care Health Facilities to Register with New Background Check Portal
Certain health care facilities specializing in long-term care in Connecticut will be required to register with a statewide background check portal beginning February 8, 2016.
California Court of Appeal Holds Employee’s Agreement to Reimburse Training Costs in Event of Resignation Does Not Offend Public Policy
A California court recently upheld an employer’s right to condition free training on continued employmentin the matter of USS-POSCO Industries v. Case, No. A140457 (Jan. 26, 2016).
HOME CARE PROFESSIONALS SERIES Part 1 – NYS Domestic Workers’ Bill of Rights
Executive Summary. As most home care agencies know, the United States Department of Labor (“USDOL”) eliminated the companionship exemption for home care agency workers on October 13, 2015 in its Final Rule on the Application of the FLSA to Domestic Service Workers (“Final Rule”). What they may not have considered, however, is that following the Final Rule, the NYS Domestic Workers Bill of Rights, which originally only applied to home care workers directly employed by individual households, now also applies to agency employed home care workers. For NYC agencies, in particular, coming into compliance with Domestic Workers Bill of Rights requires changes to the benefits they provide to their home care workers.
Massachusetts Law To Prohibit Inquiries Regarding Prior Salary at Interview
In keeping with actions taken by other states, such as California and New York, Massachusetts is poised to pass an updated equal pay law that will greatly expand the ability of individuals to bring claims for violations of equal pay. The proposed law also puts limits on an employer’s effort to seek information about an applicant’s salary history during the interview process. The current proposal recently passed unanimously in the state Senate, and is now before the House of Representatives.
Don’t Get Lost in the Weeds: Medical Marijuana is Now Legal in New York
On January 6, 2016, the Commissioner of Health of the State of New York certified that the medical marijuana program established by New York’s Compassionate Care Act could be implemented in accordance with public health and safety interests. The next day, the first dispensaries offering medical marijuana in New York opened.
New York City Expands Human Rights Law to Prohibit Employment Discrimination Against Caregivers
Earlier this month, New York City Mayor Bill de Blasio signed legislation that expands the New York City Human Rights Law, making New York City the latest municipality1 to protect caregivers from discrimination in their terms or conditions of employment.2 The amendments take effect May 4, 2016.3
What California Retail Employers Need to Know About Accommodating Pregnancy
Navigating the California laws on discrimination and accommodation of pregnant employees is a significant challenge for retail employers. The Golden State’s protections for pregnant employees are many and they differ from those of federal law and of other states.
St. Paul is Second Minnesota City to Weigh Paid Sick Leave Ordinance
Minnesota’s Twin Cities of Minneapolis and St. Paul are both preparing to enact local laws affording employees paid sick leave. St. Paul Mayor Chris Coleman and the St. Paul City Council have announced that the Council will convene a Task Force to discuss an ordinance mandating that all private and public sector employees be provided earned sick and safe time for working in Saint Paul.
New York State and New York City Guidance Focus Transgender Discrimination
New York State and New York City have issued expansive new guidelines to protect the rights of transgender and gender non-conforming individuals.
New Mexico Court Finds Employer Had No Obligation to Accommodate Medical Marijuana Use
Must a New Mexico employer allow an employee to use medical marijuana as a reasonable accommodation for the employee’s disability? “No,” according to a New Mexico federal district court. On January 7, 2016, the court held that New Mexico’s medical marijuana statute and the New Mexico Human Rights Act do not require employers to accommodate medical marijuana use.
Minnesota Supreme Court Holds Six-Year Statute of Limitations Applies to Reporting Claims under the Minnesota Whistleblower Act
On January 20, 2016, the Minnesota Supreme Court affirmed the Minnesota Court of Appeals’ decision in Ford v. Minneapolis Public Schools in a narrow holding that leaves unanswered some important questions regarding whistleblower liability.1
Understanding New York Regulations Regarding Prohibited Discrimination on the Basis of Gender Identity, Transgender Status, or Gender Dysphoria
New York State and New York City both recently enacted regulations and enforcement guidance designed to prohibit discrimination on the basis of gender identity, transgender status, gender expression and gender dysphoria.1 Both have now taken effect.
New Jersey Agency Issues Regulations on Statewide “Ban-the-Box” Law
As previously reported, on August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act” – New Jersey’s so-called “ban-the-box” law – which restricts the ability of covered employers to inquire into, and use, criminal records. On November 2, 2015, New Jersey’s Department of Labor and Workforce Development, which is responsible for enforcing the Act, released “The Opportunity to Compete Act Rules” (Rules). The Rules became effective on December 7, 2015. This Insight will provide an overview of the Act and also will highlight key portions of the new rules.1
Pennsylvania Court Rules Background Screening Law Unconstitutional
On December 30, 2015, the Commonwealth Court in Pennsylvania unanimously found the Older Adults Protective Services Act’s (the Act) lifetime prohibition on the ability of individuals with convictions to hold certain jobs in nursing homes and long-term care facilities to be unconstitutional on its face, under its interpretation of the Pennsylvania state constitution.1 Specifically, the court held that the lifetime ban provisions violate a convicted individual’s due process rights because the individual is penalized for engaging in conduct that may have happened decades ago and is presumed unfit for the jobs at issue. The court also concluded that the law’s lifetime ban on the ability of convicted individuals to work for these types of employers is not “substantially related” to the purpose set out in the Act, which is to protect older persons from abuse, neglect and exploitation.