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On October 1, 2018, New York State released final model sexual harassment materials and compliance guidance in response to comments received during its open comment period, discussed in more detail in a previous blog article. The new materials provide important guidance for future compliance and include new employer requirements, as detailed below.…
On September 30, 2018, California Governor Jerry Brown signed into law a bill that prohibits a provision in settlement agreements that prevents the disclosure of information pertaining to sexual harassment and sex discrimination. The law goes into effect on January 1, 2019, and serves as an extension of the already-existing law that prohibits provisions in settlement agreements that prevent the disclosure of acts that could be prosecuted as felony sex offenses and certain sex offenses against…
The National Labor Relations Board has made good on its recent promise to move forward with rulemaking to re-establish the decades-old joint employer standard in place prior to the Board’s 2015 decision in Browning-Ferris Industries of California, Inc., d/b/a BFI Newby Island Recyclery, 362 NLRB No. 186 (2015) (Browning-Ferris or BFI), petition for review docketed Browning-Ferris Indus. of Cal. v. NLRB, No.16-1028 (D.C. Cir. filed Jan. 20, 2016).  On Sept. 13, the Board announced that…
On Thursday, August 23, 2018, New York State released draft model sexual harassment materials in preparation for October 9, 2018 employer compliance with its new sexual harassment laws, discussed in detail in a previous blog article. New Materials: New York State published the following draft materials on August 23, 2018: A new informational webpage A model sexual harassment prevention policy A model complaint form Model sexual harassment training materials A frequently asked questions guide…
As previously reported in a prior article, in May 2018, New York City Mayor Bill de Blasio signed into law the Stop Sexual Harassment in NYC Act (the “Act”). The Act provides, among other things, starting September 6, 2018, all New York City employers must display the New York City Commission on Human Right’s (“NYCCHR”) new anti-sexual harassment poster in a conspicuous place in the workplace and provide the information to employees at the…
On August 10, 2018, Massachusetts Governor Baker signed into law a bill regulating non-competes, limiting their enforceability and codifying express requirements they must meet. The law goes into effect on October 1, 2018, and Massachusetts now joins the likes of states such as Utah and Idaho who have also recently passed laws regulating employee non-compete agreements. The new law, which applies to both employees and independent contractors, generally bans employment-related non-compete agreements in Massachusetts…
Last October, we wrote about a Chicago ordinance requiring hotel employers to, among other things, equip hotel employees assigned to work in guestrooms or restrooms with portable emergency contact devices. The ordinance took effect July 1, 2018. Hotel employers in Chicago should ensure compliance with the mandates of the ordinance as penalties may reach $500 for each offense. Each day a violation continues is deemed a new offense.…
On August 1, 2018, the National Labor Relations Board (“Board”) issued a Notice and Invitation to File Briefs, inviting the public to file briefs on whether the Board should overrule its 2014 decision in Purple Communications, Inc., 361 NLRB 1050 (2014), in which the Board held, absent special circumstances, employees who have been given access to their employer’s e-mail system have a right to use that e-mail system during non-working time for union…