Employment Law Watch

Analysis and commentary by Reed Smith attorneys on developments in employment and labor law

Blog Authors

A B C D E F G H I J K L M N O PQR S TUVWXYZ

Ginevra Ventre

Lindsay Vernick

Jill Vorobiev

Latest from Employment Law Watch

Employment Law Watch

California requires new COVID-19 supplemental paid sick leave

By Michele Haydel Gehrke, Mark Phillips, Marianne Rittenburg & Ronnie Shou

September 15, 2020

On September 9, 2020, Governor Newsom signed Assembly Bill (AB) 1867 into law, adding section 248.1 to the Labor Code. Under this new section, “hiring entities” are required to provide supplemental COVID-19 paid sick leave (CPSL) to “covered workers.” This is in addition to any paid sick leave that may be available to the covered workers under California’s Healthy Workplace Healthy Family Act of 2014 (HWHFA)[1]. “Hiring entities” include private businesses with 500…

Employment Law Watch

Pennsylvania medical marijuana use on the rise in times of COVID-19

By Jay Glunt, Chalyn Kaufman & Marguerite Goglia

September 10, 2020

Pennsylvania’s Medical Marijuana Act (the “Act”) legalized the use of medical marijuana as of April 2016. Initially, the Act permitted the use of medical marijuana to treat 17 serious medical conditions when certified as such by a properly credentialed healthcare provider. The list included conditions such as cancer, HIV/AIDS, Parkinson’s disease, neurodegenerative diseases, and terminal illnesses. Since 2016, however, the Act’s list of qualifying conditions has expanded and now covers 23 conditions, including anxiety. At…

Employment Law Watch

New York federal judge nixes U.S. Department of Labor’s new “joint employer” rule

By Mark S. Goldstein & Leora Grushka

September 9, 2020

Earlier this year, the U.S. Department of Labor (DOL) issued a rule updating its interpretation of the “joint employer” doctrine under federal wage and hour law. Yesterday, however, a New York federal judge struck down a significant portion of the rule. Judge Gregory H. Woods’ 62-page decision delivers a significant blow to businesses that had relied on the business-friendly nature of the DOL’s new rule. By way of background, the joint employment doctrine refers to…

Employment Law Watch

Fifth Circuit says Texas trial court should have considered reforming an overbroad non-compete at the preliminary injunction stage

By Paulo McKeeby & Michael Lombardino

August 13, 2020

The enforceability of employment non-competes in Texas is governed by the Texas Covenants Not to Compete Act. If a non-compete covenant is found to be overbroad, “the court shall reform the covenant to the extent necessary to cause” the covenant to be reasonable. Tex. Bus. & Com. Code § 15.51(c). The Texas Supreme Court has yet to address whether reformation of an overbroad non-compete restriction is appropriate at the temporary injunction stage or whether reformation…

Employment Law Watch

New York’s healthy terminals act may create additional wage and benefits obligations for airport employers

By Michele Haydel Gehrke & Amanda Brown

August 5, 2020

Airport workers at John F. Kennedy (JFK), LaGuardia (LGA), and New York Stewart International Airport (SWF-Stewart Intl.) may soon be receiving increased wages and benefits under the Healthy Terminals Act (the “Act”) (Senate Bill S6266D). Spurred by the COVID-19 related death of a JFK airport worker, the Act recently passed both the New York State Senate and Assembly. Next, the Act will be delivered to Governor Cuomo for his signature. Governor Cuomo has…

Employment Law Watch

Everything you need to know about New York’s forthcoming statewide paid sick leave law

By Mark S. Goldstein, Alexandra Manfredi & Leora Grushka

August 3, 2020

The enactment of paid sick leave laws began as a state and local employment law trend roughly a decade ago, gaining substantial momentum in the mid-2010’s. Amidst this wave, New York City adopted a paid sick leave law in April 2014. The City Council later amended the law – in May 2018 – to provide employees with “safe leave” as well. And in 2019, Westchester County enacted its own paid sick and safe leave law.…

Employment Law Watch

Updated COVID-19 FAQs for New York employers

By Mark S. Goldstein, Cindy Schmitt Minniti, Alexandra Manfredi & Leora Grushka

July 30, 2020

Please see an updated version of our FAQs as of July 25, 2020. We have compiled FAQs concerning New York’s COVID-19-related health and safety protocols for businesses across the state. These protocols apply to all New York businesses – regardless of size, location, whether the business has physically reopened, or whether it was deemed “essential” – and thus remained open – during the state’s shelter-in-place period. Please note that this is not legal advice. To…

Employment Law Watch

Illinois releases guidance regarding reporting rule for sexual harassment and discrimination judgments

By Jill Vorobiev & Adam Weiner

July 27, 2020

On July 14, 2020, the Illinois Department of Human Rights (IDHR) released guidance for employers regarding the state’s new “adverse judgment or administrative ruling” reporting requirement. Following amendments to the Illinois Human Rights Act, employers with at least one adverse judgment or administrative ruling must disclose to the IDHR the total number of final, non-appealable judgments or final, non-appealable rulings against the employer in which there was a finding of sexual harassment or unlawful discrimination.…

Employment Law Watch

Virginia is the first state to adopt extensive COVID-19 workplace safety regulations

By Betty S.W. Graumlich, Ben H. Patton, Mark Passero & Noah Oberlander

July 27, 2020

On July 15, 2020, in response to Governor Northam’s Executive Order No. 63 directing the issuance of emergency regulations to control, prevent, and mitigate the spread of COVID-19 in the workplace, the Virginia Department of Labor and Industry’s (DOLI’s) Safety and Health Codes Board voted 9-2 to approve extensive emergency workplace safety standards in response to COVID‑19. These new occupational safety and health requirements include a broad array of requirements for all employers in Virginia…

Employment Law Watch

NLRB ends long-time standard which protected obscene, racist and sexually harassing speech in connection with Section 7 activity

By Lori Armstrong Halber & Raeann Burgo

July 22, 2020

The National Labor Relations Board (the “Board”) issued a decision on July 21, 2020, which will aid employers in their ability to discipline or discharge an employee who engaged in abusive or offensive conduct in connection with protected concerted activity. In General Motors LLC, 369 NLRB No. 127 (2020), the Board modified its standard for determining under what circumstances profane language or sexually or racially offensive speech loses the protection of the National Labor Relations…

Employment Law Watch

Analysis and commentary by Reed Smith attorneys on developments in employment and labor law

Blog Authors

California requires new COVID-19 supplemental paid sick leave

Pennsylvania medical marijuana use on the rise in times of COVID-19

New York federal judge nixes U.S. Department of Labor’s new “joint employer” rule

Fifth Circuit says Texas trial court should have considered reforming an overbroad non-compete at the preliminary injunction stage

New York’s healthy terminals act may create additional wage and benefits obligations for airport employers

Everything you need to know about New York’s forthcoming statewide paid sick leave law

Updated COVID-19 FAQs for New York employers

Illinois releases guidance regarding reporting rule for sexual harassment and discrimination judgments

Virginia is the first state to adopt extensive COVID-19 workplace safety regulations

NLRB ends long-time standard which protected obscene, racist and sexually harassing speech in connection with Section 7 activity

Stay Connected

Company

Products

Support

New to the Network