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April 19, 2019

Massachusetts Releases Paid Family and Medical Leave Employee Template Notices

April 19, 2019

The Massachusetts Department of Family and Medical Leave (DFML) has released template notices employers may use to fulfill the notice requirement to employees and 1099-MISC independent contractors under the Massachusetts Paid Family and Medical Leave Act (PFMLA), G.L. c. 175M. Employers must provide a notice to their current workforce by... Read More

April 17, 2019

Kentucky Adopts Pregnant Workers Act

April 17, 2019

Beginning June 27, 2019, Kentucky employers must provide reasonable accommodations to employees who are limited due to pregnancy, childbirth, and related medical conditions, unless it would impose an undue hardship on the employer to do so. The Kentucky Pregnant Workers Act amends the Kentucky Civil Rights Act (KCRA) and applies to... Read More

April 16, 2019

Indiana Court Declines to Expand At-Will Employment Exception

April 16, 2019

Reaffirming Indiana’s “strong” presumption of at-will employment, the Indiana Court of Appeals has declined to expand the public policy exception to the at-will employment doctrine to include an employee’s mistaken belief that he was subpoenaed to testify at an unemployment hearing. Perkins v. Memorial Hosp. of South Bend, No. 18A-CT-... Read More

April 15, 2019

Revamp of Mexico’s Federal Labor Laws: What U.S. Employers Need to Know

April 15, 2019

Employers with operations in Mexico must brace themselves for significant changes in the labor laws in their workplace. Mexico is expected to pass legislation that will effectively overhaul the country’s labor laws to a standard similar to that in the United States. The changes will reshape Mexico’s labor relations for a generation.... Read More

April 12, 2019

Top Five Labor Law Developments for March 2019

April 12, 2019

The National Labor Relations Board (NLRB) ruled that a private-sector union may not require non-member objectors (known as Beck objectors) to pay for its political lobbying expenses. United Nurses and Applied Professionals (Kent Hospital), 367 NLRB No. 94 (Mar. 1, 2019). Several of the employer’s workers had resigned their union... Read More

April 12, 2019

New York City Employers May Be Barred from Testing Job Applicants for Marijuana Use

April 12, 2019

The New York City Council has passed a prohibition on New York City employers requiring prospective employees to submit to testing for the presence of any tetrahydrocannabinols (THC), the active ingredient in marijuana. If Intro 1445-A becomes law, it will be the first of its kind in the United States. Mayor Bill de Blasio is expected... Read More

April 10, 2019

Highlights from the New York FY 2020 Budget

April 10, 2019

New York legislators passed into law the fiscal year 2020 $175.5-billion budget on April 1, 2019, fully funding state government for the next fiscal year. Among the provisions enacted are many that affect labor and employment in general and the energy, media, finance, health care, and other industries in particular. This is the first... Read More

April 4, 2019

EEOC Provides Update on EEO-1 Pay Data Reporting Plans

April 4, 2019

September 30, 2019, is the earliest the Equal Employment Opportunity Commission (EEOC) could collect pay data from employers in the EEO-1 report, the agency advised the federal district court in the District of Columbia on April 3, 2019. National Women’s Law Center et al. v. Office of Management and Budget et al., No. 17-2458. The... Read More

April 4, 2019

New York Employees Get Up To Three Hours of Paid Time Off to Vote

April 4, 2019

A revision to New York’s election law gives workers in the state up to three hours of paid time off to vote, Governor Andrew Cuomo highlighted in an announcement released on April 1, 2019, about New York’s enacted budget for fiscal year 2020. Effective immediately, the New York Election Law § 3-110 reads as follows: A registered... Read More

April 3, 2019

Department of Labor Proposes Updated Interpretation of Joint Employer Standard Under the FLSA

April 3, 2019

Since 1939, regulations interpreting the Fair Labor Standards Act (FLSA) have recognized that two or more “employers” can be jointly and severally liable for a single employee’s hours worked under the Act. However, the U.S. Department of Labor (DOL) has not meaningfully updated its joint employer regulation in more than 60 years. That... Read More

April 2, 2019

Eleventh Circuit Clarifies Its ‘Similarly Situated’ Standard for Workplace Discrimination Claims

April 2, 2019

The proper standard for comparator evidence in cases alleging intentional discrimination is “similarly situated in all material aspects,” the U.S. Court of Appeals for the Eleventh Circuit has clarified in an en banc ruling. Lewis v. City of Union City, Ga., No. 15-11362, 2019 U.S. App. LEXIS 8450 (11th Cir. Mar. 21, 2019). The... Read More

April 2, 2019

Department of Labor Proposes Amended Regulations Concerning FLSA’s ‘Regular Rate’

April 2, 2019

The Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM) to revise the regulations governing the calculation of the regular rate under the Fair Labor Standards Act (FLSA). The FLSA generally requires employers to pay non-exempt employees overtime pay at one-and-one-half times their “regular rate” for all hours... Read More

April 2, 2019

Massachusetts Department of Family and Medical Leave Publishes Draft Paid Family Leave Regulations

April 2, 2019

The Massachusetts Department of Family and Medical Leave has published updated draft regulations implementing the Massachusetts Paid Family and Medical Leave Law (PFMLA) that, in many respects, substantially change or add to the initial draft regulations published in January 2019. (For more on the January draft, see our article,... Read More

April 1, 2019

Maryland Approves Minimum Wage Increase to $15 an Hour

April 1, 2019

Maryland has become the sixth state in the nation to adopt a minimum wage of $15.00 per hour. The state’s Democratic-controlled legislature overrode Republican Governor Larry Hogan’s veto on March 28, 2019. The current minimum wage in Maryland is $10.10 per hour. Under the new legislation, businesses with at least 15 employees (Large... Read More

April 1, 2019

Retail Industry Workplace Law Update – Spring 2019

April 1, 2019

Class Action Trends Report The latest issue of our quarterly report on new developments in class action litigation focuses on independent contractors and covers the following topics: Is an “independent contract” enough? Independent contractors in California Potential strategies to protect your company and tips to defend... Read More

March 29, 2019

Rethinking Pay Equity: Being Transparent — Should Employers Publish Information About Pay?

March 29, 2019

This is the final article in our four-part series titled “Rethinking Pay Equity,” designed to provide practical guidance to help employers understand and address the many new rules, regulations, and best practices around pay equity in preparation for Equal Pay Day 2019. This article focuses on the increasing pressures on employers to... Read More

March 29, 2019

March 31 is International Transgender Day of Visibility

March 29, 2019

Gender identity, transgender status, gender non-conformance, and workplace gender transitions are timely topics, both societally and within workplaces. March 31 is International Transgender Day of Visibility, which aims to celebrate transgender people and raise awareness of discrimination faced by them. Jackson Lewis has been fortunate... Read More

March 28, 2019

U.S. Supreme Court Hears Oral Argument on Agency-Deference Doctrine

March 28, 2019

Should courts defer to agency interpretations of their own regulations so long as the interpretations are reasonable, even if a court believes another reasonable reading of a regulation is the better reading? In Auer v. Robbins, 519 U.S. 452 (1997), and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945), the U.S. Supreme Court... Read More

March 27, 2019

Massachusetts Releases Paid Family and Medical Leave Employer Guide, Workplace Poster

March 27, 2019

The Massachusetts Department of Family and Medical Leave has released a new guide for employers on the Massachusetts Paid Family and Medical Leave Act (PFMLA), G.L. c. 175M. The guide clarifies some questions generated by draft regulations published in January. The guide, released on March 26, 2019, explains what actions employers must... Read More

March 27, 2019

New York High Court Upholds State Labor Department Interpretation of ‘Live-In’ Home Health Employee Rule

March 27, 2019

The New York Department of Labor’s (NYDOL) longstanding interpretation of its wage order as applied to the work hours of non-residential employees performing 24-hour (so-called “sleep-in” or “live-in”) shifts has been upheld by the New York Court of Appeals, to the relief of the state’s home healthcare industry. Andryeyeva v. New York... Read More

Showing 1-20 of 4268