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...

What Issues should Business Buyers Consider when Drafting Non-Compete Agreements with their Sellers to Comply with California Law?

What Issues should Business Buyers Consider when Drafting Non-Compete Agreements with their Sellers to Comply with California Law?

Buyers of all or parts of another business often seek to protect the value of their investments by entering into non-compete agreements with their sellers.  Courts typically favor enforcement of such sale-of-business non-compete agreements in order to protect buyers from unfair competition from sellers, and to protect the business’s goodwill for which the seller has paid as part of the...

NEW YORK’S EXPANDED WHISTLEBLOWER PROTECTION LAW: WHAT CHANGED IN 2022?

Sweeping amendments to New York’s whistleblower law took effect in 2022.  The law was amended to provide significantly greater protection from retaliation for individuals who raise concerns of employer wrongdoing.  The amended New York Labor Law § 740 is now one of the broadest and most powerful whistleblower laws in the U.S. How has New York’s whistleblower law changed? New...

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...

Workers’ Compensation Coverage for Remote Employees’ Injuries:  What Happens When Every Day Is Bring Your Child (and Pets, and Neighbors) to Work Day?

Workers’ Compensation Coverage for Remote Employees’ Injuries: What Happens When Every Day Is Bring Your Child (and Pets, and Neighbors) to Work Day?

Workers’ compensation laws have been in effect in the United States for over a century providing benefits to employees injured on the job.  For many years, “on the job” meant injuries that occurred at an office, factory, store, or other site used exclusively for work-related purposes and over which the employer had a significant degree of control.  After COVID-19, with...