New York Bars Discipline for Legally Protected Employee AbsencesOn November 21, 2022, New York Governor Kathy Hochul signed a law clarifying that it is unlawful for an employer to penalize an employee for any absence protected under federal, state or local law. (S.1958/A.8092). The law goes into effect on February 19, 2023. This new law amends Section 215 of New York Labor Law... Continue ReadingDecember 2, 2022 |
Motor Carrier Employers May Conduct Safety Performance History Investigations in FMCSA Clearinghouse as of January 6, 2023Beginning January 6, 2023, motor carrier employers subject to the regulations of the Federal Motor Carrier Safety Administration (FMCSA) may conduct part of the safety performance history investigation that is required for all driver-applicants in the FMCSA Clearinghouse. Specifically, employers are required by 49 CFR § 391.23(e)(1) – (3) to obtain information about a driver-applicant’s...November 30, 2022 |
Voters in Two States Approve Marijuana Ballot Initiatives on Election Day 2022Voters in Maryland and Missouri approved laws to legalize recreational marijuana on Election Day 2022. Recreational marijuana ballot initiatives did not pass in Arkansas, North Dakota and South Dakota. Maryland Maryland voters approved a state constitutional amendment that will allow the use of cannabis by anyone over the age of 21 on or after July...November 11, 2022 |
The Aftermath of U.S. Supreme Court’s Dobbs: Where Are the States in Fall 2022?The legal landscape around abortion rights has changed greatly following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022), which ended a nearly 50-year precedent protecting the right to abortion and opened the door for states to implement and enforce new laws on access to abortion. As a result, many... Continue ReadingOctober 31, 2022 |
Puerto Rico Disability Discrimination Law Now Protects Medical Cannabis UsersPuerto Rico’s disability discrimination statute (Law 44-1985), the local counterpart of the Americans with Disabilities Act (ADA), has been amended to extend coverage to registered and authorized medical cannabis patients. The amendment (Law 90-2022) went into effect on October 14, 2022, upon Governor Pedro Pierluisi’s signing. Prior to the amendment, Law 44-1985’s definition of a...October 21, 2022 |
Puerto Rico Disability Discrimination Law Covers Registered and Authorized Medical Cannabis PatientsPuerto Rico’s disability discrimination statute (Law 44-1985), the local counterpart of the Americans with Disabilities Act (ADA), has been amended to extend coverage to registered and authorized medical cannabis patients. The amendment (Law 90-2022) went into effect on October 14, 2022, upon Governor Pedro Pierluisi’s signing. Read more here. Continue ReadingOctober 21, 2022 |
Election Day is Coming – A Reminder of Employer ObligationsWith midterm elections upon us, employers should ensure they are aware of and in compliance with state law requirements related to employee voting rights. While not all states impose requirements on employers, some impose time off obligations and notice requirements with the possibility of criminal or civil penalties for non-compliance. Read more here. Continue ReadingOctober 12, 2022 |
San Francisco’s OLSE Issues FAQs for Public Health Emergency Leave OrdinanceIn June, San Francisco voters approved Proposition G, which created the Public Health Emergency Leave Ordinance (PHELO). The ordinance requires private employers to provide paid leave to employees for “public health emergencies.” The ordinance took effect on October 1, 2022. In conjunction with the effective date, San Francisco’s Office of Labor Standards Enforcement (OLSE) issued a Frequently Asked... Continue ReadingOctober 12, 2022 |
Department of Education Releases New Guidance on Pregnancy and Related ConditionsThe U.S. Department of Education’s Office for Civil Rights (OCR) released a fact resource on October 4, 2022, reaffirming that Title IX of the Education Amendments Act protects students and employees from discrimination based on pregnancy and related conditions. Read more here. Continue ReadingOctober 11, 2022 |
Look Who’s Back? California COVID-19 Supplemental Paid Sick Leave Extended Until Year End with Potential GrantsCalifornia has extended COVID-19 Supplemental Paid Sick Leave (SPSL) through December 31, 2022. On September 29, 2022, California’s Governor signed Assembly Bill (AB) 152 which amends the existing SPSL law and provides for state grants to certain employers. Read more here. Continue ReadingOctober 3, 2022 |
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