Monthly Archives: April 2021

NLRB Weighs in Again on Mandatory Arbitration

2021-04-16T16:42:27-07:00April 16th, 2021|

Applies to:          All Employers subject to NLRA Effective:            March 18, 2021 In Dish Network, LLC, the National Labor Relations Board (NLRB) stated that a mandatory arbitration agreement violated the National Labor Relations Act (NLRA) where it required all employment disputes be subject to arbitration. Specifically, by making a generalization of all disputes, the agreement implicitly

Fifth Circuit: FLSA Preempts State Tort Claims

2021-04-16T16:41:59-07:00April 16th, 2021|

Applies to:          All Employers with LA, MI, TX Employees Effective:            March 9, 2021 In Aldridge v. Mississippi Dept. of Corrections, the Fifth Circuit Court of Appeal stated that employees must pursue their claims under the Fair Labor Standards Act (FLSA) rather than state tort law (e.g., negligence) where the state does not independently provide for

Fifth Circuit: FLSA Preempts State Tort Claims

2021-04-16T16:41:59-07:00April 16th, 2021|

Applies to:          All Employers with LA, MI, TX Employees Effective:            March 9, 2021 In Aldridge v. Mississippi Dept. of Corrections, the Fifth Circuit Court of Appeal stated that employees must pursue their claims under the Fair Labor Standards Act (FLSA) rather than state tort law (e.g., negligence) where the state does not independently provide for

California: Employers Allowed to Require Vaccines

2021-04-16T16:41:35-07:00April 16th, 2021|

Applies to:          All Employers with CA Employees Effective:            March 4, 2021 The California Department of Fair Employment and Housing (DFEH) recently updated its COVID-19 Guidance page to address vaccine-related questions. The latest update, as of March 4, 2021, answers one of the biggest questions for many employers: can we require employees to get vaccinated? According

California: Employers Allowed to Require Vaccines

2021-04-16T16:41:35-07:00April 16th, 2021|

Applies to:          All Employers with CA Employees Effective:            March 4, 2021 The California Department of Fair Employment and Housing (DFEH) recently updated its COVID-19 Guidance page to address vaccine-related questions. The latest update, as of March 4, 2021, answers one of the biggest questions for many employers: can we require employees to get vaccinated? According

Illinois: New Criminal History Check Requirements for Employers

2021-04-16T16:40:55-07:00April 16th, 2021|

Applies to:          All Employers with IL Employees Effective:            March 23, 2021 SB 1480 amends the Illinois Human Rights Act (IHRA) to impose additional requirements on employers who perform criminal history checks on employees. The new provisions require employers to follow an interactive adverse action procedure before making any employment decisions based on an individuals’ criminal

Illinois: New State EEO-1 Filing and Equal Pay Registration Requirements

2021-04-16T16:40:17-07:00April 16th, 2021|

Applies to:          All Employers with 100+ IL Employees Effective:            As Indicated SB 1480 requires Illinois employers who are required to complete the federal EEO-1 report, to provide similar information to the state who will publicly publish the information. Specifically, employers with 100 or more employees (or 50 or more employees with a government contract of

New York: Paid Vaccination Leave Available Through 2022

2021-04-16T16:38:43-07:00April 16th, 2021|

Applies to:          All Employers with NY Employees Effective:            March 12, 2021 On March 12, 2021, and effective immediately, Governor Cuomo signed a new bill requiring employers to provide up to “sufficient time off” for an employee to receive COVID-19 vaccination, up to a maximum of four hours per injection. If an employee must receive multiple

New York: Paid Vaccination Leave Available Through 2022

2021-04-16T16:38:43-07:00April 16th, 2021|

Applies to:          All Employers with NY Employees Effective:            March 12, 2021 On March 12, 2021, and effective immediately, Governor Cuomo signed a new bill requiring employers to provide up to “sufficient time off” for an employee to receive COVID-19 vaccination, up to a maximum of four hours per injection. If an employee must receive multiple

New York: New Recreational Marijuana Protections for Employees

2021-04-16T16:38:13-07:00April 16th, 2021|

Applies to:          All Employers with NY Employees Effective:            March 31, 2021 Effective immediately, the New York Marihuana [sic] Regulation and Taxation Act legalized the recreational use of marijuana in the state. Employers are prohibited from discriminating against employees based on the legal use or possession of marijuana while off duty and outside the workplace, subject

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