In a significant move for healthcare workers in California, a state-wide minimum wage has been established, which will be phased in over time. On October 13, 2023, Governor Newsom approved Senate Bill (SB) 525, bringing in a multi-tiered statewide minimum wage schedule specifically for health care workers employed by certain covered healthcare facilities. The differing…
Recent data indicates Florida as a notable hotspot for employment discrimination claims and other employment related lawsuits. Under federal and state laws, employers are mandated to remunerate their employees for the hours put in at work, while also adhering to anti-discrimination regulations against employees and job applicants. Regardless, each year sees tens of thousands of…
In an evolving interpretation of the Fair Labor Standards Act (FLSA), the U.S. Court of Appeals for the Seventh Circuit recently held that an employer can impose conditions on pay for pre- or post-shift activities that are not compensable under FLSA, provided that this policy pertains to a contract or custom adopted by the employer….
In today’s legal news, Kathryn D’Angelo, the top legal counsel for Buffalo Bills, was terminated from her position after engaging in a relationship with John Roth, the team’s chief operating officer and executive vice president. The legitimacy of D’Angelo’s removal lies in her direct reporting line to Bills and Sabres owner Terry Pegula. While Roth…
The U.S. Department of Labor’s Wage and Hour Division issued a Field Assistance Bulletin No. 2023-3 (FAB) on August 31, 2023, geared towards providing guidance to field staff regarding the prohibition of the shipment of so-called “hot goods”. This proviso, found in Section 212(a) of the Fair Labor Standards Act (FLSA), is a critical tool…
As we approach the open enrollment period, HR teams are often faced with a storm of inquiries, evolving benefits offerings, and administrative challenges. Typically spanning two to four weeks every year, the open enrollment period is the critical window during which employees are allowed to update or alter their benefit selections, including health, dental, vision,…
In an interesting development in labor law, employers in California are required to immediately pay out any accrued and unused vacation time to their employees when they are temporarily laid off. This is according to recent interpretation of the California Labor Code section 201(a). As per California Labor Code section 201(a), when an employer “discharges”…
In an effort towards enhanced law enforcement, key U.S governmental agencies — the Department of Labor’s Wage and Hour Division (DOL-WHD) and the Equal Employment Opportunity Commission (EEOC) — have convened to form a strategic alliance as of September 13th. The main thrust of this collaboration aims to strengthen mechanisms pertaining to information sharing, joint…
With the Pregnant Workers Fairness Act coming into effect on June 27, 2023, legal professionals and businesses are rightfully trying to understand and adjust to the new regulations. The tasks involved: educating themselves on employers’ obligations under the new federal law and navigating novel legal waters. Renowned Law firms such as McGlinchey Stafford are facilitating…
Over the past week, numerous events impacting the legal landscape have unfolded, one of the most significant being the US Department of Labor’s (DOL) announcement that it will undertake a ‘Comprehensive Review’ of the Subminimum Wage Program. Taryn Mackenzie Williams, Assistant Secretary for the Office of Disability Employment Policy (ODEP), shared this information via a…
In a recent episode on the More with McGlinchey podcast, Labor and Employment attorneys Courtney Joiner and Melissa Losch delved into the details and implications of the Pregnant Workers Fairness Act (PWFA). This new federal law, which took effect on June 27, 2023, places specific obligations on employers regarding pregnant workers. Further details can be…
The United States Supreme Court has agreed to address a potentially impactful matter involving the Federal Arbitration Act (FAA) that requires both state and federal courts to respect private arbitration agreements created between parties. These parties can range from employers to their employees. In numerous cases, employers leverage arbitration agreements to circumvent what is often…
Recently, Governor Kathy Hochul made strides towards enhancing workers’ rights in New York State. On the 14th of September, 2023 she signed three pieces of legislation into law. A move that is reflective of Hochul’s continuous efforts to enforce more robust workers’ rights in New York State. This legislative reinforcement of workers’ rights follows in…
The state of California has recently found itself at the center of a crucial development in employment law concerning wage and hour regulations. In particular, attention has been drawn to the recent Ninth Circuit decision, which puts forth new requirements anchoring California employers that elect to furlough or temporarily lay off employees without providing them…
The Colorado Department of Labor and Employment announced its proposed Equal Pay Transparency (EPT) Rules. These are designed to provide ongoing structure and clarity to the state’s existing “Ensure Equal Pay for Equal Work Act”. The proposed rules are expected to take effect on January 1, 2024, the same date the Act itself will become…
October 2023 had a significant impact on U.S. immigration law and policy, according to insights highlighted on JD Supra. With critical legal updates, the landscape for legal professionals, corporate businesses, and immigrants continues to shift. The most prominent development in October was the Congressional passing of a stopgap bill on September 30, 2023. This measure…
In the rapidly changing landscape of financial regulation, legal professionals are likely to find much substance in the latest reports from some of the world’s leading authorities. Significant updates are available concerning global finance laws, many of which are becoming more pertinent in transnational corporate decision-making on a daily basis. One such document comes from…
In a significant development in a benchmark cybersecurity case, a federal class action which had been brought against a Philadelphia labor and employment firm over its 2021 data breach has been mutually dismissed without prejudice. The details emerged from a recent filing in the Eastern District of Pennsylvania. Given the ever-growing concerns about data security…
The Massachusetts Department of Family and Medical Leave recently announced changes to the employer contribution rates and benefit amounts under the Paid Family and Medical Leave Act (PFMLA), set to take effect from January 1, 2024. The updates, part of the ongoing efforts by the state to revamp its provisions for paid family and medical…
On September 1, 2023, California Governor Gavin Newsom made a significant change to employment law in the state by signing SB 699 into law. This legislation amends the California Business & Professions Code Section 16600, thereby escalating the state’s prohibition against non-compete agreements. The new law prevents employers from entering into or attempting to enforce…
Recent indications of a potential government shutdown have stirred anxieties about a multitude of repercussions, among which the enforcement of federal labor and employment laws risks falling into disarray. Indispensable for upholding labor standards, government agencies such as the U.S. Equal Employment Opportunity Commission (EEOC); the Department of Labor (DOL); and the National Labor Relations…
In a move that continues to illustrate the dynamic nature of employment law, the New York Paid Family Leave (“Paid Family Leave”) program is set to experience further changes. Autumn ushers in more than a change in weather for employers with New York-based employees; it ensures that they must keep abreast of continual evolutions in…
In a rapidly evolving legal environment, it’s challenging to stay abreast of all the recent changes to labor and employment law. To facilitate corporate legal professionals’ commitment to compliance, it’s critical to provide an accessible, concise review of developments within this sphere, as well as a checklist of action points to address in upcoming months….
Recent reports indicate that a partner from Latham & Watkins has decided to join the ranks at Covington & Burling in London. These events unfold amidst a series of talent shuffles within the law industry, noting that Latham had previously witnessed two partner departures within a week earlier this year. However, it’s significant to note…
On August 11, 2023, the Equal Employment Opportunity Commission (“EEOC”) issued a Notice of Proposed Rulemaking (“NPRM”) to clarify the implementation of the Pregnant Workers Fairness Act (“PWFA”). The regulations proposed by the EEOC are expected to offer much-needed guidance to employers regarding the PWFA, a law that went into effect on June 27, 2023….