Monthly Archives: November 2023

Applies to: All Employers Effective: December 26, 2023 Quick Look Joint employer relationships occur if there is direct, indirect, or mere authority (even if not exercised) to control employees’ essential terms and conditions of employment. Discussion On October 26, 2023, the National Labor Relations Board (NLRB) issued its final rule on definition joint employer relationships.

Applies to: All Employers Effective: October 30, 2023 Quick Look President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” to address growing concerns surrounding the use of artificial intelligence in various areas, including labor and employment. Federal agencies are called to create new guidance and training

Applies to: All Employers Effective: August 31, 2023 Quick Look The Department of Labor’s Wage and Hour Division issued Field Assistance Bulletin No. 2023-3 (Guidance) to instruct its field agents on the prohibition of “hot goods” as defined by the Fair Labor Standards Act (FLSA). The FLSA prohibits the shipment or delivery for shipment of

Applies to: All Employers with Employees in CT, NY, and VT Effective: October 17, 2023 Quick Look To establish an affirmative defense under the EPA, employers need only prove that a pay disparity results from a differential based on any factor except for sex. The “any factor other than sex” does not need to be

Applies to: All Employers with IL, IN, and WI Employees Effective: October 5, 2023 Quick Look Employers that provide pay for non-compensable pre- or post-shift activities can impose conditions on such pay. Discussion In Meadows v. NCR Corp., the Seventh Circuit Court of Appeals ruled employers that pay for otherwise non-compensable pre- or post-shift activities

Applies to: All Employers with Employees in AL, FL, and GA Effective: October 11, 2023 Quick Look Former employees cannot sue under the Americans with Disabilities Act (ADA) for post-employment disability discrimination, as they do not meet the definition of a “qualified individual.” Under the ADA, a “qualified individual is someone who, with or without

Applies to: All Employers with AL, FL, and GA Employees Effective: September 11, 2023 Quick Look Overtime exemption may apply where an employee receives a salary meeting the minimum requirements plus additional compensation paid on any basis, or where an employee is paid on a quantified basis with a minimum salary guarantee if there is

Applies to: All Employers with AL, FL, and GA Employees Effective: September 8, 2023 Quick Look Use of EEO data as part of a termination decision is not enough to show evidence of racial discrimination on its own. Discussion In Ossmann v. Meredith Corp., the Eleventh Circuit Court of Appeals said EEO form data does

Applies to: Applies to Venture Capital Companies with Invested Companies in CA Effective: January 1, 2024 Quick Look Venture capital companies must start collecting demographic data of founding members of invested companies in 2024, and reporting begins in 2025. Data can only be collected when the venture capital company has executed an investment agreement with

Applies to: All Employers with Employees in CA Effective: January 1, 2024 Quick Look  Mandatory EITC and UI notices may be provided electronically to employees if they opt into electronic receipt in wiring or by electronic acknowledgment. Discussion Employers must provide employees with notice regarding the availability of federal and state Earned Income Tax Credits