Monthly Archives: June 2023

Applies to:    All Employers with CA, CT, DC, FL, IL, MD, MN, NV, OR and WA Employees Effective:      As Indicated Quick Look Prepare for minimum wage updates in your areas of operation as of July 1, 2023. Discussion On July 1, 2023, minimum wage will increase in states and localities across the

Applies to:    All Employers Effective:      May 15, 2023 Quick Look Continue to engage in the interactive process for reasonable accommodations related to COVID-19. Reasonable accommodations apply to qualifying conditions related to Long COVID. Employers should be alert for COVID-related harassment of applicants or employees with a disability-related need to take COVID-19 precautions

Applies to:    All Employers Effective:      As Indicated Quick Look All employers covered by the FLSA are required to provide reasonable break times and a space to express breast milk at work for a year after a child’s birth. Discussion The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) amended the

Applies to:    All Employers with Employees subject to NLRA Effective:      May 1, 2023 Quick Look When determining whether an employee should be disciplined for concerted activity, employers should focus on the severity of the misconduct and the context in which it took place. Employees must be given some leeway for “impulsive behavior”

Applies to:    All Employers with Employees subject to NLRA Effective:      As Indicated Quick Look NLRB General Counsel stated that overbroad non-compete provisions violate the NLRA because they chill the exercise of employee rights under Section 7 of the NLRA. Limited circumstances may exist where non-compete agreements do not violate the NLRA. FTC

Applies to:   All Employers with 15 or more Employees Effective:    April 25, 2023 Quick Look The joint statement by the EEOC, DOJ, CFPB and FTC raised concerns with the growing use of AI in making employment-related decisions. The agencies pledge to enforce federal law to promote “responsible innovation.” Discussion On April 25, 2023, the

Applies to:    All Employers with 15 or more Employees Effective:      May 18, 2023 Quick Look The use of algorithmic decision-making software constitutes a “selection procedure,” when used to make or inform decisions about whether to hire, promote, terminate, or take similar employment-related actions toward applicants or current employees. Employers may face liability

Applies to:    All Employers with 10 or more Employees Effective:      May 1, 2023 Quick Look OSHA announced NEP focusing on the prevention of workplace falls. While primarily targeting the construction industry, the NEP’s scope encompasses all industries, and specifically activities exposing workers to heights. Discussion On May 1, 2023, the Occupational Safety

Applies to:    All Employers with CMS-Covered Healthcare Facilities Effective:      August 4, 2023 Quick Look CMS-covered health facilities no longer have to require health care staff to obtain COVID-19 vaccinations. Continuing policies that require COVID-19 vaccinations may assist facilities which participate in value-based purchasing programs. Discussion On the heels of the Biden-Harris administration

Applies to:    All Employers subject to DOT Testing Effective:      June 1, 2023 Quick Look Oral fluid tests will be an option for DOT drug and alcohol testing once at least two laboratories to process oral fluids samples have been certified by HHS. If a DOT driver who has not been subject to