Last week, Governor Kathy Hochul signed legislation amending the New York Penal Law in order to allow prosecutors to seek stronger criminal penalties against employers who steal wages from workers. Specifically, employers who are found to have engaged in wage theft are now subject to criminal prosecution for committing the criminal offense of larceny. This
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Fifth Circuit Opens the Door to More Discrimination Claims
Key Takeaways
- Companies operating in the Fifth Circuit are likely to see more discrimination claims challenging management’s employment decisions.
- To minimize potential exposure, careful employers should engage human resources professionals and/or counsel early in the decision-making process.
The Fifth Circuit Court of Appeals’ recent decision in Hamilton v. Dallas County expanded the scope of…
New Jersey Companies Beware: New Requirements for Temporary Workers
New Jersey companies utilizing the services of temporary workers contracted through a staffing agency or temporary help service firm should be aware that additional state-mandated protections covering certain temporary workers took effect on Saturday, August 5, 2023. These protections (collectively known as the “Temporary Workers’ Bill of Rights”) require staffing agencies to, among other things,…
Illinois Law Will Require New Disclosures When Using Temporary Labor
Gov. Pritzker has signed a law that will substantially amend the Illinois Day and Temporary Worker Services Act. The amendments take effect immediately. These changes grant new rights to temporary workers employed by staffing agencies, including – in many cases – a required pay raise. The Illinois law is similar to the recently enacted…
I-9 Remote Document Verification and Ending of COVID-19 I-9 Flexibilities
The Department of Homeland Security (DHS) recently announced important changes to the I-9 process, including the addition of a remote verification option of I-9 documents and an updated Form I-9.
Beginning on March 20, 2020, DHS granted employers permission to conduct remote verification of I-9 documents for new hires in certain scenarios. In May of…
Under the POWR Act, Colorado Workplace Harassment Law Departs from Federal Standards
In the next two months, significant changes are coming to Colorado’s Anti-Discrimination Act, otherwise known as CADA. The Protecting Opportunities and Workers’ Rights (POWR) Act creates a new, lower standard for workplace harassment, in addition to limiting the enforceability of nondisclosure agreements and creating new recordkeeping obligations for employers. The POWR Act was signed…
Dissecting the Supreme Court’s Decision Concerning Affirmative Action and Any Implications It May Have for Private Employers
By Amy J. Traub
*Thank you to Olivia Williams, Matt Berger, Delores Chichi, Mitch Robinson and Jennifer DeVlugt for their contribution to this Alert.
Key Takeaways
- DE&I efforts across all institutions, including private employers, remain beneficial, positive and welcome efforts provided that such efforts are inclusive and do not rely on protected categories in any decision-making process.
- With
…
A Changing Atmosphere for Navigating COVID-19 in the Workplace
Starting on June 1, Florida employers are prohibited from discriminating against an individual based on vaccination status or refusal to take a COVID-19 test or wear a face mask. The stated goal of SB 252, which amends Florida Statute § 381.00316, among others, is to prevent deprivation of employment opportunities and discrimination based on an…
Another Year, Another Dollar. New York State Set To Increase Minimum Wage
The 2024 New York State budget, which was recently announced, includes a plan whereby the minimum wage will increase throughout the state, beginning on January 1, 2024 and continuing through 2026, as follows:…
New York Releases Latest Model Anti-Sexual Harassment Policy and Training
On April 11, 2023, the New York State Department of Labor, in collaboration with the New York State Division of Human Rights, released an updated model anti-sexual harassment policy and an updated model training. Among other things, the new model policy adds further context to the purpose of the law, considerations individuals should have when…