What Does the California Attorney General’s New Investigative CCPA Sweep Mean for California Employers?

On July 14, 2023, the California Attorney General announced an investigative sweep targeting CCPA compliance efforts by “large California employers.” The Attorney General’s Office sent inquiry letters to the large California employers “requesting information on the companies’ compliance with the California Consumer Privacy Act (CCPA) with respect to the personal information of employees and job applicants.” The CCPA did not...

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...

Why Employers Everywhere Should Care About Florida’s New Immigration Law

On July 1, 2023, Florida’s new law regulating immigration within the State of Florida became effective. Known as FL 1718, the law is far-reaching and will significantly affect most employers in the state. Especially affected are the agriculture, landscaping, hospitality, and construction industries which traditionally cannot meet their employment needs through the recruitment of U.S. workers or foreign workers with...

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...

The General Counsel for the National Labor Relations Board (“NLRB”), Jennifer Abruzzo, has recently issued two memorandums significantly changing how employers must draft separation agreements and opining on the enforceability of noncompetition agreements. Can she do that?

Abruzzo has been busy. Within the last few months, she has issued two notable memorandums that could have significant impacts on how employers must comply with the National Labor Relations Act (“NLRA”). It is important to note that certain provisions of the NLRA apply to all employers, not only those that currently have unions or are facing union election petitions....

EEOC, Other Federal Agencies Set the Pace for Employers Using AI in the Workplace

It is safe to say that the use of artificial intelligence (AI) went mainstream in 2023. With the widening acceptance of AI, dozens of industries have raced to adopt the technology into various operations at a staggering pace – including adopting AI in human resources (HR) processes in the workplace. But, employers and HR departments should keep pace with federal...

Book pages fanned out

The NLRB Reverses Course (again) on Employee Outbursts and Protected Concerted Activity

What happens when an employee starts yelling at the boss, makes profane social media posts about work, or engages in other “abusive conduct?”  In many cases, employers can follow their own policy and impose discipline if appropriate.  But, where profanity and heated outbursts come up in the context of complaints about the terms and conditions of the employee’s job, the...

Back to the Past: In-Person Document Inspection for I-9 Forms Resumes

The Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) is ending employers’ ability to remotely inspect I-9 documents on July 31, 2023.  Employers will have an additional 30 days, until August 30, 2023, to ensure that all required physical inspection of identity and employment eligibility documents is completed. All U.S. employers must complete a form I-9 for every...