October 2023

As retirement plan fiduciaries may recall, in late 2022 the Department of Labor (DOL) released new final rules regarding environmental, social and governance factors (ESG) in investment decisions.

While most requirements are already effective, new proxy voting requirements take effect on December 1, 2023.

Plan fiduciaries should take particular note of the new requirements, including…

Today, the National Labor Relations Board (the “Board”) issued a Final Rule titled “Standard for Determining Joint Employer Status,” which establishes a new standard for determining whether two employers are joint employers under the National Labor Relations Act (the “Act”).

The new rule states that two employers may be joint employers of the same employees…

Last week at the American Bar Association’s (ABA’s) virtual, multi-day 2023 fall tax meeting, US Treasury Department attorney-advisors confirmed that the IRS is prioritizing “grab bag” SECURE 2.0 guidance as year-end nears.

Expected provisions to be addressed include cash incentives for participating in employer-sponsored plans; and employer tax credits for new plans.

A Treasury representative…

Employers: The 4th quarter is a great time to work on your employee handbook updates for 2024.

Several states, including New York, California, Colorado, Connecticut, Illinois, and Minnesota, have recently passed laws related to sick leave or other paid leave rights that will require new or modified policy language in employee handbooks.

These changes include…

On October 20, in conjunction with the New York State Division of Human Rights’ Hate and Bias Prevention Unit (“HBPU”), New York Governor Kathy Hochul announced the launch of a new telephone hotline and online form allowing New Yorkers to report hate and bias incidents directly to HBPU.

Members of the public can call the…

A Texas jury recently awarded a military veteran almost $2.5 million in connection with a workplace discrimination claim brought under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA).

Employers, make sure to be aware of just how uniquely broad the USERRA anti-discrimination, reemployment and accommodation protections are for employees who have served in…

Attention California Employers: Material amendments to the State’s paid sick leave law (“the Healthy Workplaces, Healthy Families Act of 2014”) are scheduled to go into effect January 1, 2024.

Some of the changes include:

  • increasing the annual leave an employee must be allowed to use from 24 hours or three days to 40 hours or

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On this World Mental Health Day, employers should be particularly mindful to accommodate those who may need mental health support in the wake of the terrorist attacks on Israel.

Employers must engage in good faith dialogue with employees and offer accommodation such as leave, time off to attend doctor’s appointments, and other accommodations employees may…

Further to Friday’s post, the proposed Enforcement Guidance on Harassment in the Workplace communicates the EEOC’s current position on such issues as

  1. causation: was the conduct based on a legally-protected characteristic;
  2. adverse action: did the conduct result in discrimination with respect to a term, condition or privilege of employment; and
  3. liability: is

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