Category: General

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What obligations do employers have in responding to employees’ objections to vaccine mandates following the Supreme Court’s decision in Groff v. DeJoy?

What obligations do employers have in responding to employees’ objections to vaccine mandates following the Supreme Court’s decision in Groff v. DeJoy?

Winter weather brings renewed attention to seasonal vaccines—and to employers’ interest in encouraging employees to remain healthy and productive, including potentially through efforts to require or incentivize workers to be vaccinated. While not as widespread today as they were during the pandemic, such rules and incentives trigger legal obligations to provide reasonable accommodations to employees who assert that vaccinations contravene...

As Exempt Salary Thresholds Continue to Increase, What are Best Practices for Employers Deciding to Reclassify Employees as Non-Exempt?

As Exempt Salary Thresholds Continue to Increase, What are Best Practices for Employers Deciding to Reclassify Employees as Non-Exempt?

Under the federal Fair Labor Standards Act (FLSA), employees are classified as “exempt” or “non-exempt.” Employers covered under the FLSA must pay non-exempt employees at least the minimum wage for every hour they work and overtime in accordance with applicable state laws. The FLSA exempts certain job roles, including administrative, professional, executive, highly compensated, outside sales, and computer professional employees,...

What impact will the recently enacted New Jersey Temporary Workers’ Bill of Rights have on temporary staffing agencies and their clients?

What impact will the recently enacted New Jersey Temporary Workers’ Bill of Rights have on temporary staffing agencies and their clients?

A first-in-the-nation law that creates new legal protections for temporary workers recently took full-effect in New Jersey, despite opposition from the business community, a conditional veto by the governor and a legal challenge in federal court.  The New Jersey Temporary Workers’ Bill of Rights (the “Act”) provides new protections for temporary workers in certain occupations and enhanced administrative oversight and...

Book pages fanned out

What’s New In The Evolving Area Of Pay Equity Requirements?

As we discussed in a prior post, pay equity is a rapidly evolving area of significant import to employers.  Women, people of color, and individuals with disabilities continue to earn significantly less than non-Hispanic white men for the same work.  The disparity is even more dramatic for individuals at the intersections of those underpaid groups.  Anti-discrimination laws exist but, for...

What is the current standard used by the National Labor Relations Board to determine if a worker is an employee or an independent contractor?

What is the current standard used by the National Labor Relations Board to determine if a worker is an employee or an independent contractor?

Each government agency has set its own standard for determining whether a worker is properly classified as an employee or an independent contractor.  Employers need to take into account the tests used by different federal agencies as well as those used by different states.1 The National Labor Relations Board (“NLRB” or the “Board”) has, yet again, changed its standard for...

What risks do employers face by excluding coverage for gender affirming care in their health plans?

What risks do employers face by excluding coverage for gender affirming care in their health plans?

In recent years, courts have ruled upon a growing number of cases arising from delivery of and payment for gender affirming care. At the same time, state legislatures have passed a variety of laws aimed at such services. Some states enacted affirmative legal protections for patients and providers (e.g., Colorado, Illinois, and Minnesota) while others sought to restrict or prohibit...

Department of Homeland Security, Immigration and Customs Enforcement Reverses Course on Remote I-9 Verification and Issues New Form I-9

As we previously wrote, in May, the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) announced an end to employers’ ability to remotely inspect I-9 documents (an accommodation made during the height of the COVID-19 pandemic) on July 31, 2023.  This meant that employers would no longer have the option to complete I-9 document verification remotely for those...

Minnesota Has Gone “All In” on Marijuana Legalization — What Does This Mean for Employers?

Minnesota Has Gone “All In” on Marijuana Legalization — What Does This Mean for Employers?

Around this time last year, Minnesota legalized edible products containing hemp-derived tetrahydrocannabinol (THC). Now, Minnesota has gone “all in”—becoming the 23rd state to legalize the recreational use of marijuana and cannabis products. While personal use is not legal until August 1, 2023, several employment provisions in the bill take effect on July 1, 2023. The legalization of recreational marijuana involves...

New York State’s Amended Pay Transparency Law

New York State’s Amended Pay Transparency Law

Pay transparency laws are on the rise across the country. New York is currently one of four states and a growing number of municipalities to enact laws requiring employers to disclose salary and wage ranges in job advertisements. California, Colorado and Washington also require salary and wage range disclosures in job advertisements. Other states, including Connecticut, Maryland, Rhode Island and...

Should employers who maintain an ongoing practice of paying workers severance benefits implement a formal written ERISA plan to govern the award of severance?

Should employers who maintain an ongoing practice of paying workers severance benefits implement a formal written ERISA plan to govern the award of severance?

Following the Federal Reserve’s interest rate increases and the resulting volatility in the stock markets, economists and government officials continue to debate whether the country will experience a hard or soft landing, or no landing at all. While some sectors of the economy remain strong, others have begun to see layoffs. In the face of this uncertainty, employers facing the...