Colorado has enacted the most significant change to its legal landscape concerning restrictive covenants in the employment context in the state’s history.
California is considering new regulations on the use of technology or artificial intelligence (AI) to screen job candidates or make other employment decisions. If the regulations become law, California would be the first state to adopt substantive restrictions specifically addressing this emerging, and often misunderstood, technology.
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), on May 12, 2022, issued guidance advising employers that the use of artificial intelligence (AI) and algorithmic decision-making processes to make employment decisions could result in unlawful discrimination against applicants and employees with disabilities.
On May 12, 2022, New York City Mayor Eric Adams signed Introduction Number (Int. No.) 134-A into law, just days before the current salary disclosure law was set to take effect. New York City’s salary disclosure law will now take effect on November 1, 2022.
Recently, the Connecticut General Assembly sent Public Act No. 22-24 (Substitute Senate Bill No. 163), “An Act Protecting Employee Freedom of Speech and Conscience,” to Governor Ned Lamont’s desk for signature. If enacted, the law will amend Connecticut’s employee free speech statute, Conn. Gen. Stat. Section 31-51q, significantly limiting an employer’s ability to speak directly with its employees.
Mexico’s federal government will soon cease updating its COVID-19 pandemic monitoring system on a biweekly basis, Dr. Hugo López-Gatell, Mexico’s undersecretary of prevention and health promotion, said in a recent press conference. The announcement comes on the heels of the four-tiered system showing all thirty-two states in green status—the only status without restrictions on business and social activities—for the second period in a row.
On May 12, 2022, New York City Mayor Eric Adams will hold a hearing on New York City’s salary disclosure bill, Introduction Number 134-A. The bill, which the New York City Council passed on April 28, 2022, would revise Local Law 32, New York City’s previously enacted salary disclosure law.
In 2019, the Oregon Legislative Assembly passed the Paid Family Medical Leave Act, which established a paid family and medical leave insurance (PFMLI) program for Oregon employees. On April 27, 2022, the Oregon Employment Department (OED) filed proposed administrative rules with the Oregon Office of the Secretary of State to detail the specifics of the program.
On May 7, 2022, the day after the latest revision to the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Prevention Emergency Temporary Standards (ETS) went into effect, Cal/OSHA issued updated answers to frequently asked questions (FAQs) and a fact sheet. The FAQs continue to evolve and change with each revision and readoption of the ETS. The FAQs now reflect the updated definitions, processes, and changes to the quarantine requirements for close contacts.
On April 29, 2022, Minnesota Governor Tim Walz signed Senate File (S.F.) No. 2677 into law, replenishing the state unemployment coffers and authorizing payments to various frontline workers. This new law requires Minnesota employers to provide notice to eligible frontline workers regarding potential additional benefits available to them.
On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced a temporary final rule (TFR) that increases the automatic extension period for expiring employment authorization documents (EAD) for renewal applicants in certain categories for up to 540 days.
On April 25, 2022, the U.S. Department of Homeland Security’s (DHS) Immigration and Customs Enforcement (ICE) agency announced an extension of compliance flexibility related to Form I-9 employment eligibility verification requirements until October 31, 2022.
Employers in Ontario and Manitoba have important compliance deadlines in May and June 2022.
Starting in 2025, Maryland workers may have an easier time making ends meet when they take otherwise unpaid leave under the federal Family and Medical Leave Act (FMLA). Thanks to Maryland’s newly enacted Time to Care Act of 2022 (TTCA), Maryland workers will be able to apply for paid leave benefits from a state fund beginning on January 1, 2025.
The last few years have provided numerous reasons for employers to reevaluate drug testing practices—from the rapid development of job protections for medical and recreational marijuana use, to the increase in drug testing-based litigation, to pandemic-related remote work, to staffing challenges. Ogletree Deakins’ April 2022 report, Strategies and Benchmarks for the Workplace: Ogletree’s Survey of Key Decision-Makers, provides a sense of how many employers are changing their drug testing practices and the kinds of changes they are making.
On April 28, 2022, the New York City Council passed Int. No. 134-A, which revises Local Law 32, New York City’s previously enacted salary disclosure law. In order to become law, the bill must be signed by New York City Mayor Eric Adams. While the mayor has thirty days to consider the bill, timing is key as the current salary disclosure law is set to take effect on May 15, 2022.
As we previously reported, the California Occupational Safety and Health Standards Board recently voted to adopt the proposed revisions to California’s COVID-19 emergency temporary standards (ETS). Reports initially stated that the Office of Administrative Law would likely approve the language for implementation by May 5, 2022. This date has since changed to May 6, 2022.
Under an amendment to the New York Civil Rights Law that will take effect on May 7, 2022, private-sector employers that monitor their employees’ use of telephones, emails, and the internet must provide notice of such monitoring. The following provides highlights of the new law.
A bill recently introduced in the California Assembly proposes to prohibit discrimination against employees who use cannabis off the job. The legislation, Assembly Bill (AB) No. 2188, would amend California’s employment antidiscrimination law, the Fair Employment and Housing Act (FEHA), and make it an unlawful practice for an employer to discriminate against an adult applicant or employee based upon the “person’s use of cannabis off the job and away from the workplace.”
U.S. Citizenship and Immigration Services (USCIS) recently published fiscal year (FY) 2023 H-1B cap registration statistics, confirming that more than 48,000 prospective petitioners submitted 483,927 registrations—an approximate 57 percent increase over the number of registrations submitted in the FY 2022 filing season. USCIS selected 127,600 FY 2023 registrations in the initial lottery, representing roughly 26 percent of the total registrations.
On April 25, 2022, South Carolina Governor Henry McMaster signed into law House Bill 3126, which, among other things, bans state and local governments from imposing COVID-19 vaccine mandates as a condition of employment and provides certain protections for workers subject to private employers’ vaccination requirements.
The California Division of Occupational Safety and Health (Cal/OSHA) recently approved the third readoption of the COVID-19 Emergency Temporary Standards (ETS) to take effect on May 7, 2022. This ETS will be in effect until December 31, 2022, as the final update to the ETS. The changes mark the continued evolution of the regulations, with modifications and adjustments to definitions, testing protocols, disinfection and sanitizing, close contact rules, return-to-work procedures, and outbreak policies.
Despite a federal court ruling in April 2022 striking down federal mask mandates, major cities in the United States are keeping them in place amid a new wave of COVID-19 cases raising new considerations for private employers that have implemented workplace mask mandates.
In Buckmaster v. The National Railroad Passenger Corp. d/b/a Amtrak, the U.S. District Court for the District of Maryland addressed whether an employee had offered any evidence of discrimination or retaliation beyond his own speculative beliefs and personal disagreement with his employer’s legitimate business reason for terminating his employment.
On April 21, 2022, by a 6-1 vote, the California Occupational Safety and Health Standards Board voted to adopt the proposed revisions to the current COVID-19 emergency temporary standards (ETS). The only no vote was from a management representative. The Office of Administrative Law is likely to approve the new language for implementation by May 5, 2022.
The Fifth Circuit Court of Appeals recently issued a ruling concerning the discharge of Michael Harris from his position with the City of Schertz, Texas, as the city marshal. In doing so, the Fifth Circuit gave a bit more clarity on the situations in which comments made by an employer or agent of an employer amount to discriminatory pretext.
Employers that provide 401(k) and other defined contribution retirement plans to their employees on plan documents that have been “pre-approved” by the Internal Revenue Service (IRS) must sign updated documents by July 31, 2022.
On April 11, 2022, Bill 88, the Working for Workers Act, 2022, received Royal Assent in Ontario, thus enacting the Digital Platform Workers’ Rights Act, 2022.