Monthly Archives: June 2022

Applies to:          All Employers Effective:             June 24, 2022 In Dobbs v. Jackson Women’s Health Organization, the U.S. Supreme Court relegated abortion to the control of individual states. As a result, states vary widely on whether or not abortion is legal and to what extent. Employers and employees are now asking how this ruling impacts them

Applies to:          All Employers with 15+ Employees Effective:             May 12, 2022 The Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) each recently published guidance on the use of artificial intelligence (AI) in managing job applicants and employees. The EEOC enforces disability discrimination laws with respect to employers in the private sector and

Applies to:          All employers required to comply with FMLA Effective:             May 2022 The Department of Labor (DOL) recently released a set of FAQs on when employees may take Family and Medical Leave Act (FMLA) leave for a mental health condition. As a reminder, the FMLA requires covered employers to provide eligible employees with up to

Applies  to:         All Employers Effective:             May 23, 2022 Employer arbitration agreements are fairly common in today’s employment relationships with employees. In most federal circuit courts, if an employer delays enforcing an arbitration agreement when a claim is made, the arbitration agreement may not be enforced if the delay harmed the employee. In others, this requirement

Applies to:          All Employers Effective:             May 4, 2022 The U.S. Department of Homeland Security (DHS) recently issued a Temporary Final Rule extending the time in which an employment authorization document (EAD) for certain renewal applicants (listed on the USCIS website) is automatically extended pending renewal. Previously, EADs that expired were automatically extended for 180 days

Applies to:          All Employers covered by OSHA Effective:             April 12, 2022 On April 12, 2022, OSHA released a National Emphasis Program (NEP) on heat illness and injuries for both indoor and outdoor employees. OSHA NEPs are temporary programs that concentrate OSHA resources on specific workplace injuries and illnesses. This new NEP is effective until April

Applies to:          All Employers with Employees in DE, NJ, PA, and Virgin Islands Effective:             May 25, 2022 In Groff v. DeJoy, the Third Circuit Court of Appeals stated that religious accommodations under Title VII of the Civil Rights Act of 1964 must eliminate the conflict between an employee’s religious beliefs and work requirements. There, a

Applies to:          All Employers with Alabama Employees covered by FMLA Effective:             July 1, 2022 Alabama recently adopted the Adoption Promotion Act, which requires unpaid leaves of absence for birth and adoptive parents. Employers covered by the federal Family and Medical Leave Act are required to comply with the Act. Eligible employees are entitled to 12

Applies to:          All Employers with CA Employees Effective:             June 15, 2022 In Viking River Cruises v. Moriana, the U.S. Supreme Court recently said that individual employee Private Attorney General Act (PAGA) claims are arbitrable when based on a valid arbitration agreement. This ruling specifically addressed the previously existing Iskanian rule put forth by the California

Applies to:          All Employers with CA Employees Effective:             May 23, 2022 In Naranjo v. Spectrum Security Services, Inc., the California Supreme Court stated that meal and rest premiums can be the basis for waiting time penalties and inaccurate wage statements. Meal and rest premiums are required to be paid when nonexempt employees do not take