EEO-1 reporting season will soon be upon us. As we previously wrote, the 2022 EEO-1 reporting deadline has been a moving target. Almost since its founding in the 1960’s, the Equal Employment Opportunity Commission (EEOC) has collected data from employers about the demographics of their workforces as a means of ensuring compliance with equal employment … Continue Reading
Another school year is upon us, which means employers around the country should study up on school-related activities leave policies. While there is no federal law mandating that employers give employees time-off to attend school-related activities for their children, there are many states across the country that do. Employers who fail to do their homework … Continue Reading
Employers, whether they have unionized employees or not, must navigate the aftermath of another change in the ever-evolving landscape of labor law. A recent National Labor Relations Board (NLRB or Board) decision has sent ripples through the realm of employer workplace rules. The decision has prompted all employers, both unionized and union-free, to revisit and … Continue Reading
May is Mental Health Awareness Month and the perfect time for employers to check on the mental well-being of their employees and examine their current policies, because doing so will ultimately improve their bottom line. Since the COVID-19 pandemic, workers have reported experiencing stress at work due to compensation not keeping up with inflation, longer … Continue Reading
With the rise of chatbots, such as ChatGPT (OpenAI), Bard (Google), and Claude (Anthropic), and other generative artificial intelligence (AI) tools developing at a rapid pace, employers need to consider whether, and to what extent, employees should be permitted to use them in workplace. On the one hand, there are confidentiality and privacy issues, bias … Continue Reading
Where did the time go? Just a brief 1,199 days after it began, the COVID-19 Public Health Emergency (PHE) is coming to an end. The PHE formally ends on May 11, 2023, short of any unexpected developments. And that means the time is now (or 4:50 p.m. on May 10, based on historical trends) for benefit plan … Continue Reading
Nursing mothers now have pumped up rights at work. Congress recently passed the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act which went into effect on December 29, 2022, and expands the employment protections previously afforded to nursing employees through the Break Time for Nursing Mothers Law (Break Time Law). Despite American Academy of … Continue Reading
Mass layoffs have been the topic of discussion in the technology industry over the last several months, with tens of thousands of employees laid off so far in 2023 alone. In many cases, the layoffs are tied to concerns related to the current economic environment, as companies exercise caution in reducing expenses in anticipation of … Continue Reading
Temporary Workers’ Bill of Rights: New Jersey Enacts Trailblazing Protections New Jersey has recently trailblazed a path in the temporary staffing market by enacting a “Temporary Workers’ Bill of Rights.” In a possible harbinger for things to come nationwide – particularly in more worker-friendly states—New Jersey’s new law represents the most significant step yet that … Continue Reading
The National Labor Relations Board (NLRB or Board) is making waves yet again. This time the NLRB has held that certain confidentiality and non-disparagement clauses in severance agreements violate Section 7 rights under the National Labor Relations Act (NLRA or Act), which is another significant step in the NLRB’s continued push to expand the protections … Continue Reading
The EEO-1 reporting deadline has become a moving target, so covered employers need to sharpen their data collection and be ready to upload. The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that the collection window will open in “mid-July” 2023, not April, as initially scheduled. Covered employers should expect to have the same amount … Continue Reading
Artificial Intelligence (AI) is undoubtedly revolutionizing the workplace. More and more employers are relying on algorithms or automated tools to determine who gets interviewed, hired, promoted, compensated, disciplined, or terminated. If adequately designed and applied, AI can help employees find employment, match employers with valuable employees, and advance diversity, inclusion, and accessibility in the workplace. … Continue Reading
The U.S. Equal Employment Opportunity Commission (EEOC or Commission) recently published its substantive agency enforcement priorities to combat employment discrimination and promote inclusive workspaces over the next four years. The EEOC periodically adopts a multi-year plan to guide fulfillment of its mission to prevent and remedy unlawful discrimination in employment. We discussed the EEOC’s overall … Continue Reading
The EEOC promises to secure greater equitable relief, to better investigate systematic discrimination, and to improve its customer service over the next four years, among other New Year’s resolutions. In its draft EEOC Strategic Plan 2022-2026 (released November 4, 2022), the agency sets forth 3 overarching goals and 15 identified performance measures for the purpose … Continue Reading
The Respect for Marriage Act is now law, upholding recognition of interracial and same-sex marriages, and the U.S. Supreme Court has held that sexual orientation and gender identity discrimination in the workplace is illegal, but what rights do LGBTQ+ employees have in the workplace and how inclusive must employers be? The EEOC’s attempt to provide … Continue Reading
‘Tis the season for employee performance reviews! In the midst of the chaos that is the holiday season and end-of-year deadlines, employee performance reviews are often scheduled during this busy time of the year. An impending performance review may cause stress and angst for both the manager who has to issue the performance review and … Continue Reading
By now, many employers have heard about “quiet quitting.” Though the term’s meaning varies depending on who’s using it, it generally refers to employees doing only as much work as the job requires without going the extra mile. Employers may view quiet quitting as lack of engagement or laziness, but employees may see it simply … Continue Reading
Just in time for Halloween and employee handbook update season, the California Legislature has passed an onslaught of new employment legislation sure to give employers compliance nightmares. From expanding the concept of “family” for leaves of absence, to more time to take that supplemental paid COVID-19 leave, protection against discrimination for cannabis use and reproductive … Continue Reading
A growing number of cities and states are pushing for greater pay transparency in the hiring process. To add to that growing list, California and New York have both passed pay transparency laws in recent months, leaving employers to modify how they seek out new talent. However, employers should keep in mind that not all … Continue Reading
It will now be even easier for employees to access, understand, and enforce their rights to be free from unlawful workplace harassment and discrimination—with just the aim of their smartphone or other cherished device. The “EEO is the Law” poster, which has mandatorily adorned employee break room bulletin boards across the country, just had a … Continue Reading
A recent U.S. Supreme Court decision serves as a reminder that employers must not overlook their obligations to reemploy returning service members and accommodate service-related disabilities. The decision concerned whether a state could invoke sovereign immunity, a legal doctrine which prohibits a government from being sued without its consent, to avoid liability under the Uniformed … Continue Reading
Most employers include provisions in their Employee Handbook giving them the right to modify the policies at any time. They also make clear that the handbook is not a contract and does not create contractual obligations. There are good reasons for both, but also consequences. If you are looking to enforce an obligation, it’s best … Continue Reading
Just as employers have figured out how to navigate the COVID-19 virus, the next one is poised to take hold – the monkeypox virus. Now declared a global and national public health emergency by the World Health Organization and the U.S., the monkeypox virus continues to spread with almost 10,000 cases in the U.S. and … Continue Reading
There has never been an ERISA requirement to include elective abortion medical coverage in ERISA group health plans. Even so, many nationwide employers choose to offer it alongside non-elective abortion medical coverage. Among those employer plan sponsors, there is new concern about how plan participants can practically access this covered medical care, if expensive travel … Continue Reading
