Today, the Federal Register posted for public inspection the EEOC’s notice of its proposed Workplace Harassment Guidance to Protect Workers and a request for comment. It will be published on October 2. ‘
The public can submit comment until November 1 here: Regulations.gov until Nov. 1.
HIPAA covered entities, including employer sponsored health plans, and their business associates, must train employees who have access to protected health information.
Moreover, recent HIPAA settlement agreements with the Office of Civil Rights (OCR) have emphasized the importance of updating training materials and providing regular training to employees.
See here for a recent settlement along…
Big Apple Employers: The New York City Department of Consumer and Worker Protection has issued a final rule amending the New York City Earned Safe and Sick Time Act Rules.
To recap, back in September 2020, the New York City Earned Safe and Sick Time Act was amended largely to align with the New York…
In honor of the 50th Anniversary of the Americans with Disabilities Act, the EEOC and DOL released a resource guide today about recruitment, hiring, and employment of individuals with disabilities, available here: Employment Protections Under the Rehabilitation Act of 1973: 50 Years of Protecting Americans with Disabilities in the Workplace | U.S. Equal Employment Opportunity…
New York Employers: The NY DOL just issued proposed regulations concerning the New York Pay Transparency Law, which went into effect on September 17.
As a reminder, the law requires New York employers with 4 or more employees to include in advertisements for a job, promotion, or transfer opportunity the minimum and maximum annual salary…
Employers and plan sponsors recently received some good news relating to 401k-plan litigation:
Matney v. Barrick Gold, No. 22-4045, 2023 (10th Cir. Sept. 6, 2023), Microsoft Word – 22-4045.docx
Briefly, the court upheld the employer’s defeat of a proposed class action. Importantly, the court found that plan participants claiming excessive investment management or recordkeeping fees…
The EEOC and US Department of Labor, Wage and Hour Division have just announced a partnership to “maximize the enforcement of federal laws and regulations”.
EEOC Chair Burrows states: “This collaboration will further effective outreach and enforcement with respect to the federal laws that advance equal employment opportunity and fair pay, including the recently enacted…
Employers with California employees:
Governor Newsom signed a new law that becomes effective January 1, 2024, further restricting enforcement of employee post-employment restrictions in California. The new law appears to be aimed at out of state employers who seek to have California employees sign agreements containing post-employment obligations.
Under the new law:
…
NY and CA employers: Let’s talk some more about overtime.
As we mentioned in our post last week about the federal DOL’s proposed increase to minimum exempt salaries, employers always have to take state requirements into account when determining classifications.
CA already announced that its minimum wage will increase to $16/hour effective January 1, 2024…
Just before Labor Day, the National Labor Relations Board issued an employee-friendly decision in Miller Plastic Products, Inc., likely broadening what will now constitute protected, “concerted activity” under Section 7 of the NLRA.
The Board overruled the Alstate Maintenance decision (2019), which had adopted a checklist-based test for defining protected “concerted activity,” finding it…
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