The Equal Opportunity Commission (EEOC) updated its “Technical Assistance Questions and Answers” as of July 12, 2022 to reflect new standards for COVID-19 screening in the workplace. The updated Q&A can be found here. The revised guidance is based
Labor Days
News and Analysis from Kelley Drye’s Labor and Employment Practice
Labor Days is a blog published by Kelley Drye & Warren LLP that focuses on labor and employment law developments. It covers topics such as National Labor Relations Board (NLRB) policies and procedures, wage and hour regulations including overtime rules under the Fair Labor Standards Act (FLSA), workplace accommodations for pregnant and postpartum workers under the Pregnant Workers Fairness Act (PWFA), and litigation trends involving arbitration agreements and representative claims under the Private Attorneys General Act (PAGA). The blog also addresses legal implications of diversity, equity, and inclusion (DEI) programs and other employment-related regulatory changes affecting employers and employees.
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Complimentary L&E Webinar Series
Join Kelley Drye’s Labor and Employment team for the 2022 WORKing Lunch Series, which includes five webinars focused on the latest trends and developments in workplace law. Sign up for one, some, or all of the programs below. Invite a colleague,…
Impact of Dobbs Decision on Employee Benefits
On June 24, 2022, the U.S. Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade and holding that there is no constitutionally protected right to abortion. While the Dobbs decision does not make abortion illegal, it does permit…
US Supreme Court Overturned CA Supreme Court Decision
A few weeks ago, we hinted at the possibility that the United States Supreme Court may overturn parts of the California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (Cal. 2014). Our prediction…
Compliance Alert – City of Chicago Employers
By Tyler Bohman
On July 1, 2022, new obligations will be placed on Chicago employers under the City’s heightened sexual harassment protections for employees. The amendments to the Chicago Human Rights Ordinance (Ord. 2022-665) were only passed by the City Council on April…
California Arbitration Agreements: Greater Hurdles To Enforceability
Employers use arbitration agreements to avoid costly and protracted litigation. And, in turn, employers can often rely on courts to enforce their arbitration clauses, either dismissing or staying the case pending completion of arbitration. A California-based employee, however, recently convinced…
CA Courts Still Reluctant to Enforce Arbitration Agreements For PAGA Claims
Courts have little leeway to avoid enforcement of an arbitration clause. Indeed, the United States Supreme Court has spilt much ink reinforcing the power and scope of the Federal Arbitration Act (“FAA”), the legislation requiring that courts compel arbitration of…
CA Supreme Court Holds Meal and Rest Break Premiums are “WAGES”
On May 23, 2022, the California Supreme Court issued a long-awaited decision in Naranjo v. Spectrum Security Services, Inc., 40 Cal. App. 5th 444 (2019). The Court reversed in part the decision of the Court of Appeal by holding that…
NY Requires Notice of Electronic Monitoring to Employees — Are You In Compliance?
As of May 7, 2022, new amendments to the New York Civil Rights Law (linked here) requiring New York employers to provide notice of electronic monitoring to employees went into effect. If your company has not already taken…
The FAIR Act: A New Bill Banning Mandatory Arbitration Agreements
Concerning the ongoing assault on mandatory arbitration agreements, we recently blogged about the passage of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (P.L. 117-89), colloquially the “MeToo” law. The MeToo law formally amended the Federal Arbitration Act…