ATTENTION NEW YORK AND NEW JERSEY EMPLOYERS: THE COVID-19 PANDEMIC MAY BE OVER, BUT EMPLOYER OBLIGATIONS CONTINUE
Although the COVID-19 pandemic officially concluded on May 11, 2023 when President Biden announced the end of the public health emergency, COVID-related illnesses and absences continue to impact the workplace. In light of the recent rise in COVID-19 cases, employers in New York and New Jersey should be aware of their continuing obligations to employees. Employers should […]
ATTENTION CALIFORNIA EMPLOYERS: NEW BACKGROUND CHECK REGULATIONS IN EFFECT
On January 1, 2018, California enacted its Fair Chance Act (“FCA”) – also known as a “ban the box” law – which limits the ability of employers with five or more employees to consider an applicant’s or employee’s conviction history in connection with employment. The California FCA and similar laws prohibit employers from asking job candidates […]
ATTENTION NEW YORK EMPLOYERS: FALL 2023 NEW YORK LEGISLATIVE ROUNDUP
UPDATE: New York has published Frequently Asked Questions and other information on the obligation to notify employees of unemployment benefit rights, available HERE. Following a recent flurry of activity in the New York State Legislature, Governor Hochul signed into law a number of bills that have a direct impact on New York employers. This legislative roundup […]
IMPORTANT REMINDER FOR NEW YORK EMPLOYERS: NEW YORK STATE’S PAY TRANSPARENCY LAW SET TO GO INTO EFFECT
By Melanie M. Ghaw, Esq. and Rachel H. Khedouri, Esq As a reminder, New York State’s pay transparency law is scheduled to go into effect on September 17, 2023. As we have previously reported, the law will impose new pay transparency obligations on employers with more than four employees, including disclosure of minimum and maximum annual […]
ATTENTION EMPLOYERS: U.S. CITIZENSHIP AND IMMIGRATION SERVICES PUBLISHES REVISED FORM I-9
On August 1, 2023, the U.S. Citizenship and Immigration Services released a revised Form I-9, Employment Eligibility Form, available HERE. Although employers may continue using the prior version of the Form I-9 through October 31, 2023, all employers must begin using this new version as of November 1, 2023. As discussed in our prior eAlert, the […]
ATTENTION EMPLOYERS: THE DEPARTMENT OF HOMELAND SECURITY ANNOUNCES OPTIONAL ALTERNATIVE TO PHYSICAL INSPECTION OF FORM I-9 FOR QUALIFIED EMPLOYERS
On July 25, 2023, the Department of Homeland Security (“DHS”) published a final rule authorizing the Secretary of Homeland Security to provide eligible employers with alternatives to the in-person physical examination requirement for Form I-9 identity and employment eligibility documentation. As discussed in our prior eAlert, the DHS and U.S. Immigration and Customs Enforcement previously announced […]
ATTENTION NEW YORK EMPLOYERS: UPDATED NYS WARN ACT REGULATIONS IMPOSE NEW REQUIREMENTS ON EMPLOYERS
Effective June 21, 2023, the New York State Department of Labor (“NYSDOL”) amended its regulations governing the New York State Workers Adjustment and Retraining Notification Act (“NYS WARN Act”), available HERE. The NYS WARN Act was originally enacted in 2008 and has since been amended several times, with the most recent amendment in November 2020. Employers with 50 […]
U.S. Supreme Court Holds Federal Courts Must Stay Proceedings Pending an Appeal on Arbitrability
By Melanie M. Ghaw, Esq. A recent decision by the United States Supreme Court resolved a long-standing circuit split on the issue of whether district courts have the discretion to stay proceedings when a party appeals the denial of a motion to compel arbitration under the Federal Arbitration Act (“FAA”). In a 5-4 decision issued […]
ATTENTION NEW JERSEY EMPLOYERS: NEW JERSEY FEDERAL COURT DETERMINES THERE IS NO INDIVIDUAL RIGHT TO SUE UNDER CANNABIS ACT
By Melanie M. Ghaw, Esq. and Rachel H. Khedouri, Esq. UPDATE: On December 9, 2024, the Third Circuit affirmed the district court’s finding that CREAMMA does not provide individuals with the right to sue employers for taking adverse action based on a positive cannabis test result. In a case of first impression, a New Jersey […]
ATTENTION EMPLOYERS: IT’S TIME TO UPDATE YOUR FLSA AND EEO POSTERS (AGAIN)!
By Melanie M. Ghaw, Esq. and Rachel H. Khedouri, Esq. In light of recent updates to equal employment opportunity laws aimed at protecting pregnant and nursing employees (as discussed in our January eAlert, available HERE), the U.S. Department of Labor (“DOL”) and Equal Employment Opportunity Commission (“EEOC”) each have issued updated posters for employers to […]