Monthly Archives: August 2023

Applies to:    All Employers Effective:      August 1, 2023 Quick Look Begin using the new Form I-9 by November 1, 2023. Form I-9 is reduced to a single page with updated instructions. A remote verification process for work authorization documents is permitted for E-Verify users’ new hires on a going forward basis (i.e.,

Applies to:   All Employers subject to the NLRA Effective:      August 2, 2023 Quick Look The NLRB adopted a new version of the Lutheran Heritage rule for determining when employer policies are unlawful under the NLRA. The rule focuses on whether an employee could reasonably interpret the employer’s policy to have a coercive meaning

Applies to:    All Employers with 15+ Employees in AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, and the Northern Mariana Islands Effective:      June 7, 2023 Quick Look “Sexually graphic, violently misogynistic” music played constantly and publicly throughout the workplace may constitute harassment under Title VII. The offensiveness of conduct to

Applies to:    All Employers with Employees in AL, GA, and FL Effective:      May 18, 2023 Quick Look An employer may not artificially manipulate an employee’s regular rate of pay in an effort to reduce or eliminate overtime time. Discussion In Thompson v. Regions Sec. Servs., Inc., the Eleventh Circuit said that an

Applies to:    All Employers with Employees in CA Effective:      July 17, 2023 Quick Look Non-individual PAGA claims may still be litigated in court, even if the individual portion of the claim has been ordered to arbitration. An unsuccessful individual PAGA claim may lead to dismissal of a non-individual PAGA claim for lack

Applies to:    All Employers with Employees in CA Effective:      July 11, 2023 Quick Look Employer responsibility for employee expenses turns on whether they were incurred in direct relation to the employee’s job duties. Discussion In Thai v. International Business Machines Corp., the California Court of Appeal stated that employers are liable for

Applies to:    All Employers with Employees in CA Effective:      July 24, 2023 Quick Look Where employers can and do track employees’ exact time worked, employers cannot use rounding policies, even if neutral, to determine employee pay. Discussion In Woodworth v. Loma Linda Univ. Med. Ctr., the California Court of Appeal stated that

Applies to:    Hospital Employers with Employees in CT Effective:      October 1, 2023 Quick Look New Connecticut legislation mandates specific requirements for nurse staffing committees and staffing plans. The Connecticut Department of Public Health will oversee hospital compliance and assess fines for violations. Discussion Governor Ned Lamont recently signed HB 6941 which creates

Applies to:    All Employers with CT Employees Effective:      As Indicated Quick Look Connecticut employees have expanded reasons to use the State’s Paid Sick and Safe Leave Law. Non-compete agreements for physicians, APRNs, and PAs have additional restrictions. All employees, in addition to first responders, can receive workers’ compensation benefits for post-traumatic stress

Applies to:    Employers with 10+ Employees in DE Effective:      As indicated Quick Look Delaware Department of Labor Division of Paid Leave has published the first set of interpretive rules in anticipation of the state’s upcoming family and medical leave program. The rules provide guidance on determining employer and employee coverage, the duration