ERISA-Exempt Governmental Plan Withstands Putative Class Action Challenge

Late last year, we wrote about Shore v. The Charlotte-Mecklenburg Hospital Authority, et al., in which former Atrium Health employees filed a putative class action in the U.S. District Court for the Middle District of North Carolina under the Employee Retirement Income Security Act of 1974 (ERISA).

California Prohibits Most “No Rehire” Provisions in Settlement Agreements

Employment litigation settlement agreements often include a mutually negotiated “no-rehire” provision by which the departing employee agrees not to seek employment with the company in the future. A recently enacted California law will require companies to refrain from including such provisions in most instances.

The Latest on California’s Approach to Biometrics in the Workplace

Although California does not have a specific biometric privacy law like Illinois’s 2008 Biometric Information Privacy Act (BIPA) or its recently enacted 2019 Artificial Intelligence Video Interview Act (AIVIA), stay tuned for the impact of the California Consumer Privacy Act (CCPA), which goes into effect on January 1, 2020.  The CCPA will directly affect how certain employers use biometric data in the workplace.

California Promotes AI in Hiring and Employment

Legislatures across the country are racing to keep up with the ever-expanding uses of artificial intelligence (AI) in the workplace. While to date much of the focus has been on ethical uses of AI, disclosures requirements, and informed consent (e.g., the Illinois 2019 Artificial Intelligence Video Interview Act), the California legislature recently took the bold move of promoting AI as a tool to reduce bias and discrimination in hiring and employment.

New Requirements and Looming Deadlines in October 2019: What New York Employers Need to Know

As we previously reported this past summer, the New York State Senate and Assembly passed Senate Bill 6549, which amended Section 194 of the New York Labor Law to prohibit wage differentials based on any protected class. As we also reported, the State Senate and Assembly also passed an omnibus bill that overhauled New York’s antidiscrimination laws. Governor Andrew Cuomo signed these bills into law on July 10 and August 12, 2019, respectively. As a result, several new laws are slated to take effect in October 2019.

Arizona Municipalities Retain Authority to Enact Benefits Ordinances After State High Court Denies Review

In February 2019, the Arizona Court of Appeals, Division One ruled that the Arizona State Legislature overstepped its authority in 2016, when it prohibited Arizona cities and other municipalities from enacting their own employee benefits ordinances. On August 27, 2019, the Arizona Supreme Court denied review of the Court of Appeals decision.

Time’s Up—and So Is the Current Minimum Wage in Connecticut

Attention, Connecticut employers. October 1, 2019, marks the implementation of two new Connecticut laws. First, Connecticut will begin gradually increasing its minimum wage on October 1, 2019, raising the minimum wage to $11.00 an hour. Second, Connecticut’s Time’s Up Act, which extends sexual harassment training requirements to all employers in the state, also goes into effect. Now is the time to make sure that your policies and procedures are in compliance.

New Virginia Amendment Requires Employers to Produce Certain Employment Documents

On March 21, 2019, Virginia Governor Ralph Northam approved an amendment and reenactment of Virginia Code § 8.01-413.1. The amendment requires employers to produce certain employment documents upon receipt of a written request from a current or former employee or employee’s attorney and awards possible damages to the employee if the employer fails to do so within the prescribed timeframe. Since the amendment became effective on July 1, 2019, Virginia employers are seeing an uptick in requests for the applicable documents.

Massachusetts Paid Family and Medical Leave: Update on 1099-MISC Workers and State-Provided Training

The deadlines for notice to employees and contribution withholdings required by the Massachusetts Paid Family and Medical Leave Act (PFML) are fast approaching, and employers are encouraged to make sure that they are prepared. Ahead of these important deadlines, the Department of Family and Medical Leave (DFML) continues to announce updated guidance on the program.

New York State Doubles Down on Data Privacy, Sets High Bar for “Reasonable Safety Standards”

On July 25, 2019, New York governor Andrew Cuomo signed into law two bills aimed at increasing the obligations of entities handling computerized private data. The Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) expands the requirements for notifying affected parties in the event of a data breach and sets forth a demanding list of security measures that must be implemented to “maintain reasonable safeguards” to protect private information.

Illinois Can See Clearly Now: State Legislates Workplace Transparency

Our June  2019 article “discussed four new bills targeting equity, transparency, and discrimination, including the Workplace Transparency Act (WTA), which was awaiting the signature of Governor J.B. Pritzker. As expected, Governor Pritzker signed Senate Bill 75—a sweeping piece of legislation that places new restrictions on Illinois employers and is designed to prevent harassment and discrimination in the workplace.

Texas’ Anti-SLAPP Regime Does Not Apply in Federal Diversity Cases, Says the Fifth Circuit

A recent decision from the Fifth Circuit Court of Appeals in Klocke v. Watson, No. 17-11320 (August 23, 2019), appears to have answered a perennial jurisdictional question that had split federal district courts in Texas for several years: Are motions to dismiss pursuant to the Texas Citizens Participation Act (TCPA) allowed in federal court?

Michigan Legislature Considers Package of Bills Addressing Wage Theft, Independent Contractors, and Noncompetes

On August 29, 2019, legislators from the Michigan House of Representatives announced an ambitious package of 12 bills aimed at creating new criminal and civil penalties to combat employers that fail to properly pay wages and overtime pay. The legislation would also establish enhanced protections and penalties under Michigan’s whistleblower statute and create new civil remedies against employers for overzealous enforcement of noncompete agreements and for misclassifying employees as independent contractors.

Minnesota DLI Issues Updated FAQ on Wage Theft, Other Employer Expectations

In late July 2019, the Minnesota Department of Labor and Industry (DLI) released an update to its FAQ on Minnesota’s new wage theft law, including 37 new questions and answers to further clarify what is expected of employers under the statute. The new FAQ provides important guidance on several key points, while at the same time leaving other important questions unanswered. The following is a summary of several of the most commonly asked questions and  DLI’s answers.

Just Keep Driving: Minnesota Courts Continue to Block ADA Title III “Drive-By” Suits

In early 2018, Minnesota federal courts issued two decisions dismissing so-called “drive-by” disability access lawsuits under Title III of the Americans with Disabilities Act (ADA). That trend has continued in 2019. In fact, in just the past two months, courts in Minnesota have dismissed, in whole or in part, no fewer than six Title III cases, again reminding business owners that liability is far from automatic in these lawsuits.

 

California’s New Hairstyle Antidiscrimination Law May Signal the Beginning of a National Trend

Signaling a growing movement to align culturally inclusive practices with legal protections, California has become the first state to expressly ban discrimination based on hairstyle and hair texture associated with a person’s race. On July 3, 2019, Governor Gavin Newsome signed into law Senate Bill No. 188, the Create a Respectful and Open Workplace for Natural Hair Act (CROWN Act).

California Pay Equity Data Collection Legislation Closer to Passing

Currently, certain employers are required under federal law to file annual Employer Information Reports (EEO-1) with the Equal Employment Opportunity Commission. These EEO-1s must contain data regarding demographics of the employer’s workforce. Accordingly, employers covered by federal EEO-1 reporting requirements were required to file EEO-1 Component 1 data from 2018 by May 31, 2019, and must still submit Component 2 EEO-1 (pay and hours worked) data for their workforces by September 30, 2019. Not to be outdone, the State of California is poised to impose a similar requirement on employers.

Employers Beware: New Jersey Enacts One of the Toughest “Wage Theft” Laws in the Country

On August 6, 2019, Acting Governor Sheila Oliver signed the New Jersey Wage Theft Act (WTA) into law. The law has been touted by proponents as the toughest wage theft statute in the country. Notwithstanding its name, the WTA goes far beyond attempting to prevent and punish intentional “wage theft” by significantly expanding the liability even the best-intentioned employers will face for state wage law violations.