Category: General

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...

What Information is Off-Limits for Utah Employers Under the New Vaccine and Immunity Passport Restrictions Act?

What Information is Off-Limits for Utah Employers Under the New Vaccine and Immunity Passport Restrictions Act?

The Utah Legislature recently passed, and the Governor signed, The Vaccine and Immunity Passport Restrictions Act (“the Act”). This bill prohibits the use of vaccination or immunity status in public accommodations, governmental entities, and for employment decisions. Utah now follows Montana in prohibiting employment discrimination based on vaccine status. With such a small number of states taking this approach—and with...

What issues should employers consider before using automated decision-making systems in the workplace?

What issues should employers consider before using automated decision-making systems in the workplace?

Employers using automated decision-making systems, including artificial intelligence, algorithms, machine learning, and other tools (collectively, “ADMs”), in connection with employment decisions are on the precipice of a drastically changed landscape concerning such use. The Equal Employment Opportunity Commission (“EEOC”) is preparing to issue its final strategic enforcement plan addressing the use of ADMs in employment. Additionally, states and localities are...

Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment of individual employees. In such circumstances, employers may seek to offer severance pay in exchange for certain releases and promises by the departing employee requiring a severance agreement. The drafting of...

Can Officers and Directors Be Held Individually Liable Under State Law for Causing Employers to Violate the WARN Act?

Can Officers and Directors Be Held Individually Liable Under State Law for Causing Employers to Violate the WARN Act?

In the face of recent reductions-in-force and predictions of a recession (Harriet Torry & Anthony DeBarros, Economists Now Expect a Recession, Job Losses by Next Year, Wall St. J., Oct. 16, 2022), employment lawyers are dusting off their research regarding the federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. 2101 et seq., and similar state laws (the WARN Acts). These...

What Obligations do Employers have to Provide Employees with Time off to Vote?

With the 2022 midterm elections fast approaching, and sky-high interest in voting this election cycle, more employers than ever may be considering their obligations to provide employees time off to vote.  As it stands, 29 states require employers to provide some kind of voting leave.  But with the rise in popularity of mail and early voting during the pandemic taking...

What is the EEO-1 Report and What Are My Obligations?

The EEO-1 report, commonly referred to as either “Equal Employment Opportunity Compliance Report” or simply “EEO”, is a reporting requirement for many U.S. employers. Mandated by the U.S. Equal Employment Opportunity Commission (EEOC), it aims to provide a demographic breakdown of the employer’s workforce by race/ethnicity, sex and job categories. The data submitted is kept confidential by the EEOC unless...

What Types of Pay Equity Laws Should I Be Aware of and How Can I Best Comply?

Dear QQ: I am the HR Director for a technology company.  We have offices in three states and hire employees from all over the country.  Since 2020 we have let employees work remotely from the state of their choice.  I’ve been hearing a lot about pay equity, but am not clear on the different types of laws and where they...

Unlimited PTO in California – Is This Actually a Good Idea to Retain Employees?

The COVID-19 pandemic sparked an ongoing upheaval in the California (and greater U.S.) labor market. Extensive job losses early in the pandemic have led to a tight labor market, which arose in part due to the phenomenon now known as the Great Resignation. With employees resigning from positions at a record rate, employers are left scrambling to retain and recruit...