Monthly Archives: July 2023

U.S. Supreme Court Shakes Up Individual Rights, but Will it Shake Up Employers?

2023-08-11T15:05:49-07:00July 11th, 2023|

Applies to:    All Employers Effective:      As Indicated Quick Look Employers cannot deny an employee’s request for a religious accommodation under federal law unless the employer can prove that the requested accommodation would result in substantially increased costs for the employer’s business. Affirmative action in education, not employment, ends. First Amendment speech protections

NLRB Changes Independent Contractor Standard

2023-08-11T15:04:58-07:00July 11th, 2023|

Applies to:    All Employers with Employees Subject to the NLRA Effective:      June 13, 2023 Quick Look The NLRB has returned to the 2014 FedEx Home Delivery (FedEx II)common law standard for determining independent contractor status. Independent contractors must be evaluated looking at all aspects of the relationship with no one factor being decisive to

Second Circuit: Challenge to NY Reproductive Decision-Making Law

2023-08-11T15:04:13-07:00July 11th, 2023|

Applies to:    All Employers with NY Employees Effective:      February 27, 2023 Quick Look There is a plausible claim that New York’s “Boss Bill” significantly interferes with an employer’s 1st Amendment right to expressive association therefore litigation can continue on this claim. The Boss Bill prohibits employers from taking adverse actions against employees

Ninth Circuit: Client Employer Liability is Based on Location of Work

2023-08-11T15:03:24-07:00July 11th, 2023|

Applies to:    Labor Contractors with CA Employees and Client Employers Effective:      June 1, 2023 Quick Look A “client employer” is responsible for the wages of its labor contractor’s employees if they perform the regular and customary work of a business, within or upon the premises or worksite of the client employer. There

California: Whistleblower Protections Expanded

2023-08-11T15:02:36-07:00July 11th, 2023|

Applies to:    All Employers with CA Employees Effective:     May 22, 2023   Quick Look Whistleblowers are protected from retaliation regardless of whether the employer or agency already know about the alleged violation. Discussion In People ex rel. Garcia-Brower v. Kolla’s Inc., the California Supreme Court said that employers can be liable for retaliating against

Los Angeles, CA: New Rules for Individual Independent Contractors

2023-08-11T15:01:47-07:00July 11th, 2023|

Applies to:    All Businesses with Individual Independent Contractors in Los Angeles, CA Effective:      July 1, 2023 Quick Look Individual independent contractors in the city of Los Angeles must have written agreements with their hiring entities. Hiring entities also have pay timing, recordkeeping, and anti-discrimination requirements. Discussion The Freelance Worker Protection Ordinance requires

Colorado: Recent Legislative Updates

2023-08-11T15:00:41-07:00July 11th, 2023|

Applies to:    Employers with Employees in CO Effective:      As Indicated Quick Look Employees of private employers who are members of the Colorado National Guard or military reserve forces are entitled to the equivalent of three weeks of leave in a calendar year. Employer premium rate for unemployment insurance is reduced by 10%

Florida: New Digital Bill of Rights

2023-08-11T14:59:42-07:00July 11th, 2023|

Applies to:    Employers Who Collect Personal Data from FL Consumers Effective:      July 1, 2024 Quick Look The Digital Bill of Rights grants new rights for Florida residents related to their online and digital privacy. The Digital Bill of Rights regulates which businesses can collect, process, and sell sensitive personal data. Discussion In

Florida: Employers Prohibited from Discrimination Based on Employee “Healthcare Choices”

2023-08-11T14:58:55-07:00July 11th, 2023|

Applies to:    Employers with FL Employees Effective:      June 1, 2023 Quick Look Florida employers cannot require proof of vaccination status or post-infection recovery, or otherwise discharge, discipline, demote, or discriminate against individuals because of their vaccination or immunity status. Florida employers cannot mandate or require masks in order to gain entry to

Illinois: New Expansion of Pay Disclosures

2023-08-11T14:55:34-07:00July 11th, 2023|

Applies to:    Employers with 15+ IL Employees Effective:      January 1, 2025 Quick Look Illinois employers with 15 or more employees must include pay scale disclosures in job postings for external and internal job applicants. Discussion An amendment to the Illinois’ Equal Pay Act of 2003 will bring pay transparency requirements to Illinois

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