ATTENTION EMPLOYERS: TOP CONSUMER WATCHDOG BARES ITS TEETH WITH AGGRESSIVE STANCE ON FCRA COVERAGE OF EMPLOYEE MONITORING TECHNOLOGY
In recognition of recent technological advances – and the resulting increase in worker monitoring, tracking, and assessment through third-party companies – the Consumer Financial Protection Bureau (“CFPB”) issued guidance cautioning employers that the Fair Credit Reporting Act (“FCRA”) broadly applies to employee screening, monitoring, and assessment tools (the “Guidance”). Read on for highlights of the Guidance […]
ATTENTION NEW YORK EMPLOYERS: NY DOL ISSUES GUIDANCE ON STATE’S PAID PRENATAL LEAVE LAW
The New York State Department of Labor (“DOL”) published FAQs to provide clarity on its interpretation of the state’s paid prenatal leave law which takes effect on January 1, 2025. As we previously reported HERE, the law expands New York Paid Safe and Sick Leave to require all private employers to provide employees with 20 hours […]
ATTENTION EMPLOYERS: NLRB ISSUES PAIR OF DECISIONS LIMITING EMPLOYERS’ ABILITY TO COMMUNICATE WITH EMPLOYEES ABOUT UNIONIZATION
In early November, the National Labor Relations Board (“NLRB”) issued a pair of decisions that reverse decades of precedent and establish new standards to evaluate the lawfulness of employer statements regarding unionization. Join us as we review the highlights and impact of these significant decisions. Employer Statements on the Impact of Unionization On November 8, the […]
ATTENTION EMPLOYERS: U.S. DOL’S FINAL RULE ON RAISING SALARY THRESHOLDS FOR WHITE-COLLAR OVERTIME AND MINIMUM WAGE EXEMPTIONS IS NO LONGER IN EFFECT
The U.S. Department of Labor’s (“DOL”) final rule raising exemption salary thresholds under the Fair Labor Standards Act (“FLSA”) has been vacated with nationwide effect, including increases that took effect in July 2024. As we previously reported HERE, in April 2024, the DOL implemented its final rule, which raised the Executive, Administrative and Professional (“EAP”) exemption threshold […]
ATTENTION EMPLOYERS: OFCCP UNVEILS LIST OF FEDERAL CONTRACTORS TARGETED IN LATEST REQUESTS FOR DISCLOSURE OF EMPLOYEE DATA – IS YOUR COMPANY ON IT?
The OFCCP has extended the deadline for companies to object to the FOIA requests to December 10, 2024. The Office of Federal Contract Compliance Programs (“OFCCP”) recently announced two new Freedom of Information Act (“FOIA”) requests seeking the disclosure of certain federal contractors’ 2021 EEO-1 Type 2 Reports. If this sounds familiar, it’s not just déjà […]
NEW JERSEY [THIS CLOSE] TO ENACTING STATE’S WAGE TRANSPARENCY ACT
UPDATE: As anticipated, Governor Murphy has signed into law S2310, enacting the state’s wage transparency law. Employers must comply with the pay transparency obligations outlined below on or before the effective date of June 1, 2025. On September 26, 2024, the New Jersey Legislature passed S2310, adding the state to the growing list of jurisdictions […]
ATTENTION EMPLOYERS: NLRB GC PICKS UP THE BALL AFTER FTC’S NON-COMPETE BAN FUMBLE
Following on the heels of the Federal Trade Commission’s fouled effort to ban employment-related non-competition agreements nationwide (see our prior eAlerts on the status of the FTC’s Final Rule HERE, HERE and HERE), National Labor Relations Board General Counsel Jennifer A. Abruzzo issued a memo to all NLRB field offices on October 7, 2024 (the […]
ATTENTION NEW JERSEY EMPLOYERS: FALL INTO FASHION WITH NEW JERSEY’S GENDER-NEUTRAL DRESS CODE POLICY MANDATE
This Fall, the most significant fashion update comes not from the runways of New York Fashion Week, but courtesy of New Jersey’s Office of the Attorney General (“OAG”). Recently, New Jersey Attorney General Matthew J. Platkin, along with Division of Civil Rights (“DCR”) Director Sundeep Iyer, announced that the State will not tolerate gender-specific dress codes […]
ATTENTION EMPLOYERS: FIFTH CIRCUIT AFFIRMS DOL’S AUTHORITY TO SET SALARY THRESHOLDS FOR WHITE-COLLAR EXEMPTIONS
On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit joined four other circuit courts upholding the U.S. Department of Labor’s (“DOL”) authority to set minimum salary thresholds for workers to qualify for the executive, administrative, and professional (“EAP”) exemptions from minimum wage and overtime rules under the Fair Labor Standards Act […]
ATTENTION NEW YORK EMPLOYERS: THE COUNTDOWN BEGINS FOR COMPLIANCE WITH THE RETAIL WORKER SAFETY ACT
On September 4, 2024, Governor Kathy Hochul signed into law the New York Retail Worker Safety Act (“RWSA”) commencing a 180-day countdown to the law’s March 4, 2025, effective date. Similar to California’s workplace violence prevention law discussed HERE, the RWSA aims to increase worker safety and requires employers with at least ten employees working in […]