The UK government has lost its case defending the multiple convictions rule, which requires an individual to disclose all spent convictions if he or she has two or more such convictions.
Last year, Massachusetts Governor Charlie Baker signed into law what has been referred to as the “grand bargain” legislation. When it was enacted, we covered some of the law’s key provisions that would have a significant impact on Massachusetts employers, including the phase-in of paid family and medical leave under the Massachusetts Paid Family and Medical Leave Act (PFML). Since then, the Massachusetts Department of Family and Medical Leave (DFML), a new agency, has been established under the PFML to manage paid leave in the Commonwealth.
As a follow-up to our April 4, 2019, article, we wanted to provide you with the latest update on the status of the pay data requirement for 2018-EEO-1 reports.
U.S. Citizenship and Immigration Services (USCIS) is planning to close all 22 of its international field offices over the next year.
On March 20, 2019, House Bill 243 (HB243) was introduced in the Alabama House of Representatives. HB243, a bipartisan bill with extensive support from both the majority and minority leaders, would create the Compassion, Access, Research, and Expansion Act (CARE Act) to legalize medical marijuana in Alabama for individuals with certain medical conditions. In its current form, HB243 lists 33 medical conditions and categories of conditions for which an individual would be eligible for a medical marijuana card in Alabama, including addiction, anxiety, autism, cancer, chronic pain, Crohn’s disease, depression, glaucoma, epilepsy/seizures, irritable bowel syndrome, posttraumatic stress disorder, sleep disorders, and terminal conditions.
Governor Janet Mills of Maine signed a pay equality bill into law on April 12, 2019, that bans employers from asking job applicants about their salary histories and broadens existing wage transparency requirements.
The Minnesota Supreme Court recently issued two decisions affecting employers in the state. In one, the high court overruled a 30-year-old precedent that excluded disabilities covered by the Minnesota Workers’ Compensation Act from the disability discrimination provisions of the Minnesota Human Rights Act. In the other, the court held that the Minnesota Human Rights Act does not require that employers engage in an interactive process when considering reasonable accommodations for an employee with a disability.
As the January 1, 2020, effective date for the California Consumer Privacy Act (CCPA) draws closer, California lawmakers are still attempting to refine the law.
U.S. Citizenship and Immigration Services (USCIS) has updated its premium processing schedule for fiscal year (FY) 2020 H-1B cap cases.
U.S. Citizenship and Immigration Services (USCIS) has completed the selection process for H-1B cap subject petitions filed for fiscal year (FY) 2020. On April 10, 2019, the agency ran computerized lotteries for both regular cap petitions and those subject to the U.S. advanced degree exemption after determining it had received a sufficient number of petitions to meet the congressionally mandated quota for each category.
Taking a page out of New York City’s book to address the estimated 36 percent of workers in Westchester County, New York, who lack paid sick leave benefits, in October 2018 the Westchester County Board of Legislators passed the Earned Sick Leave Law (ESLL).
On April 1, 2019, New York State passed its 2019‒2020 budget with an amended Election Law §3-110, which provides employees with time off to vote.
The Sixth Circuit Court of Appeals recently reminded employers that, even under the more liberal standard for establishing a disability under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), an employee who claims he or she cannot perform the major life activity of “working” has to do more than prove a substantial limitation in working in a single specific job.
On April 1, 2019, the United States District Court for the Northern District of Illinois denied summary judgment in an Americans with Disabilities Act (ADA) case, determining that occasionally excusing employees from performing certain job functions does not render the function nonessential and finding that sharing tasks may be a reasonable accommodation.
In recent months, the New Mexico Legislature enacted legislation expanding employment protections for medical marijuana users. Recent changes to the Lynn and Erin Compassionate Use Act, New Mexico’s medical marijuana law, expand the range of medical conditions for which medical marijuana may be prescribed and create new employment protections for employees who legally use medical marijuana.
As California employers wait to see how the California legislature votes on independent contractor bills after the new ABC test was announced by the California Supreme Court last year, a recent federal case out of the U.S. District Court for the Eastern District of California has received some attention in the transportation industry.
On March 22, 2019, Governor Doug Ducey signed Arizona House Bill (HB) 2230 into law. As described in detail in our recent article, HB 2230 allows judgment creditors to serve writs of garnishment by certified mail, return receipt requested, in addition to traditional methods of service.
Much has happened since the European Union (EU) General Data Protection Regulation (GDPR) went into effect on May 25, 2018. Many EU countries have enacted national legislation to implement and expand the requirements of the GDPR, while other developments have directly affected employers and created new obligations regarding the collection and processing of human resources (HR) data.
In recent months, the New Mexico legislature enacted legislation expanding employment protections for nurses. The Safe Harbor for Nurses Act allows registered and licensed practical nurses to refuse assignments under certain conditions without fear of retaliation or other adverse action by their employers.
Ohio may become the 17th state to allow individuals to carry concealed guns without a permit. Currently, in the state of Ohio, in order to obtain a concealed handgun license, which is valid for 5 years, an Ohio resident must submit an application to the county sheriff, pay an initial $67 fee (or $91 if the applicant has been an Ohio resident for less than 5 years), pass a federal background check, and complete the minimum educational requirements, including a total of 8 hours of training (at least 2 of which must be in-person training).
California Senate Bill (SB) 188 seeks to provide a broader definition of “race” in California’s anti-discrimination law. The bill defines “race” as “inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.”
The regulations that updated Section 503 of the Rehabilitation Act of 1973 took effect on March 24, 2014. These updates required federal contractors and subcontractors to invite their employees to voluntarily self-identify their status as an individual with a disability using the Office of Federal Contract Compliance Programs’ (OFCCP) official invitation, Form CC-305.
Oklahoma employers received a much-needed boost from the recent passage of the Oklahoma Medical Marijuana and Patient Protection Act, more commonly called the “Unity Bill.” This legislation comes after much upheaval about the Oklahoma electorate’s passage of the Oklahoma Medical Marijuana Act (OMMA)—State Question 788—in the summer of 2018. Many experts have characterized the Oklahoma medical marijuana law as a permissive-use marijuana law due to the fact that the law has very few restrictions compared to other states’ medical marijuana laws.
On March 28, 2019, President Trump extended the wind-down period for deferred enforced departure (DED) for Liberians through March 30, 2020.
April 4, 2019 will mark the first anniversary of mandatory private-sector gender pay gap reporting in the United Kingdom. One year in, and organizations appear to be in the same last-minute position they were in during the first reporting year, submitting their data just before the deadline. Regardless of timing, the key question is: has the last 12 months had any impact on the issue of addressing the gender pay gap generally?
The Mine Safety and Health Administration (MSHA) has begun a three-month pilot project to see if the agency and operators can reach a final resolution regarding citations at the informal health and safety conference stage.
On April 3, 2019, the Equal Employment Opportunity Commission (EEOC) submitted a memorandum to the judge in National Women’s Law Center, et al. v. Office of Management Budget, et al., who had requested that the EEOC inform the court of the agency’s plans to collect pay data in the EEO-1 report.