Monthly Archives: October 2022

All Employers Impacted by New Pay Transparency Rules for California Jobs Starting in 2023

2022-10-19T17:43:56-07:00October 19th, 2022|

Applies to:          All Employers with CA Applicants and Employees Effective:             January 1, 2023 SB 1162 increases employer requirements for disclosing pay scales in job postings and increases requirements for both applicants and employees. Additionally, the bill increases the types of pay data required to be reported to the state. The following are key requirements employers

NLRB Prohibits Dress Code Restrictions for Wearing Union Insignia

2022-10-19T17:43:01-07:00October 19th, 2022|

Applies to:          All Employers subject to the NLRA Effective:             August 29, 2022 In Tesla, Inc., the National Labor Relations Board (NLRB) recently stated that employers cannot take any action to prevent employees from displaying union insignia in connection with dress code and uniform policies, absent special circumstances. Generally, the National Labor Relations Act (NLRA) protects

OFCCP Will Not Require Disclosure of Attorney-Protected Pay Equity Analyses

2022-10-19T17:42:37-07:00October 19th, 2022|

Applies to:          Federal Contractors Effective:             August 18, 2022 The Office of Federal Contract Compliance Programs (OFCCP) revised its requirement that federal contractors disclose internal pay equity audits. On March 15, 2022, the OFCCP issued a directive clarifying a regulatory requirement that qualified contractors must implement an equal employment opportunity and affirmative action program which includes

Second Circuit: Job Applicants Must be Qualified for the Job to Receive Disability Accommodations

2022-10-19T17:42:17-07:00October 19th, 2022|

Applies to:          All Employers with CT, NY, and VT Employees Effective:             August 12, 2022 In Williams v. MTA Bus Company, the Second Circuit Court of Appeals stated that employers only have to provide accommodations to job applicants with disabilities if the applicant is otherwise qualified for the job. In this case, a deaf job

Fourth Circuit: Gender Dysphoria Protected by the ADA and Rehabilitation Act

2022-10-19T17:42:00-07:00October 19th, 2022|

Applies to:          Employers with 15+  MD, NC, SC, VA, and WV Employees Effective:             August 16, 2022 In Williams v. Kincaid, the Fourth Circuit Court of Appeals stated gender dysphoria is protected by the Americans with Disabilities Act (ADA) and the Rehabilitation Act. In this case, the plaintiff was a transgender woman with gender dysphoria

Seventh Circuit: Workers’ Comp Accommodations May Not be Extended to Pregnant Workers

2022-10-19T17:41:38-07:00October 19th, 2022|

Applies to:          All Employers with IL, IN, and WI Employees Effective:             August 16, 2022 In EEOC v. Wal-Mart Stores East, LP, the Seventh Circuit Court of Appeal stated that if an employer limits offering temporary light duty work to those injured on the job because of a state statute requiring that the accommodation be offered,

D.C. Circuit: Employer Cannot Fire If Policies Inconsistently Applied

2022-10-19T17:41:13-07:00October 19th, 2022|

Applies to:          All Employers with DC Employees Effective:             August 9, 2022 In Constellium Rolled Products Ravenswood, LLC v. NLRB, the D.C. Circuit Court of Appeals stated that an employer could not fire an employee for vulgar comments because it inconsistently applied its own disciplinary policies. As a result of inconsistent enforcement, the employee’s termination was

California: Get Ready for Legislative Updates in 2023!

2022-10-19T17:40:53-07:00October 19th, 2022|

Applies to:          As Indicated Effective:             As Indicated At the end of September, Governor Newsom signed a slew of bills, many of which will impact employers in 2023. Here is a summary of key bills employers should be aware of. (Note a few additional bills are discussed in separate articles posted on this date.) AB 1041

California: Recent COVID-19 Updates for Employers

2022-10-19T17:40:11-07:00October 19th, 2022|

Applies to:          As Indicated Effective:             As Indicated COVID-19 continues to be an evolving landscape of rules and requirements to adapt to the shifting circumstances surrounding the pandemic. California recently updated key guidance. Supplemental Paid Sick Leave. Much anticipated AB 152 was set to extend California’s supplemental paid sick leave from September 30 to December 31,

California: Creation of Fast Food Council Has Potential to Create New Regulatory Issues for Employers

2022-10-19T17:29:27-07:00October 19th, 2022|

Applies to:          Fast Food Employers with CA Employees Effective:             January 1, 2023 The Fast Food Accountability and Standards Recovery Act or “FAST Recovery Act” (AB 257) creates the new Fast Food Council, a regulatory body within the Department of Industrial Relations (DIR). The Council will be responsible for addressing many issues in the fast food

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