Law and the Workplace

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As the Department of Family and Medical Leave (“DFML”) prepares to issue final regulations in coming months, the Commonwealth has begun posting a number of documents to assist employers and workers prepare for the new Paid Family and Medical Leave (“PFML” Law), including summary guides of the PFML law (one directed at employers and one directed at workers) and a workplace poster that the Commonwealth will require employers to display in a conspicuous spot…
Yesterday, US District Judge Tanya Chutkan held a hearing on the pay data component of the EEO-1 form (“Component 2”). In March, Judge Chutkan lifted the stay on collection of Component 2 data that had been imposed by the Office of Management and Budget, leading to much uncertainty about when employers would be expected to submit the data to the EEOC. The EEOC states that it could, at considerable expense, establish a portal to collect…
On April 11, 2019, the Illinois state Senate voted to pass Senate Bill 1829, also known as the Workplace Transparency Act (the “Act”).  If passed by the House of Representatives, the Act would impose new requirements and limitations on Illinois employers with respect to harassment and discrimination claims.  The following are the Act’s key features. Limitations on Nondisclosure, Non-disparagement and Arbitration clauses The Act would prevent employers from including in employment contracts nondisclosure and…
On Friday April 12, 2019, the Massachusetts Supreme Judicial Court confirmed that plaintiffs seeking to bring class actions asserting Massachusetts Wage Act (“Wage Act”) violations must meet the certification standards set by Massachusetts Rule of Civil Procedure 23 (“Rule 23”), and cannot avail themselves of a lower bar to class certification. In Gammella v. P.F. Chang’s China Bistro, Inc., plaintiff Felice Gammella argued that the Commonwealth’s Wage Act (Mass. Gen. L. ch. 149, §§ 148, 150) provides its…
The New York City Council overwhelmingly passed legislation which would prohibit most City employers from requiring job applicants to submit to drug tests for marijuana use. Specifically, the bill would amend the City’s Fair Chance Act to make it an unlawful discriminatory practice for an employer (including employment agencies and their agents) to require a prospective employee to submit to testing for the presence of marijuana as a condition of employment. Several categories of applicants,…
Even at a gathering of employment lawyers, HR professionals, and compensation veterans, one of the easiest ways to clear the room is to begin a discussion on the regular rate of pay. Few other topics, even within the general subject of wage and hour law, evoke such a universal sense of bewilderment, if not unbridled disdain. On March 29, 2019, the U.S. Department of Labor published a notice of proposed rulemaking to update—for the first…
Paid Family and Medical Leave is on its way to Massachusetts.  In its latest update, the Commonwealth’s Department of Family and Medical Leave (“DFML”) published proposed regulations on March 29, 2019 for public comment.  After the next round of revisions, the final Paid Family Medical Leave (“PFML”) regulations will become effective July 1, 2019.  The Commonwealth also recently published summary guides of the PFML law, one directed at employers and one directed at workers,…
Quick Hit: In a court filing, the EEOC announced that “that it is able to undertake and close the collection of 2018 EEO-1 Component 2 [pay] data by September 30, 2019.” To do so, EEOC would have to engage a third-party contractor at a cost of over $3 million. The filing came in response to a federal judge’s order requiring the EEOC to provide guidance regarding if, when and how it will collect Component 2
On March 26 – 28, 2019, Harris Mufson, Danielle Moss, and Samantha Regenbogen attended the second annual HR Transform conference in Las Vegas, Nevada.  Proskauer was the exclusive legal sponsor of the conference. The HR Transform conference brought together business leaders and HR executives to discuss cutting edge issues regarding human resources and employee workplace issues. On March 27, Harris, Danielle and Samantha hosted “office hours” during which they answered attendees’ employment law questions and…
As we previously reported, New York City has enacted the Stop Sexual Harassment in NYC Act, which is a package of bills aimed at addressing and preventing sexual harassment in the workplace. Effective April 1, 2019, all New York City employers with 15 or more employees (including interns) are required to conduct annual anti-sexual harassment training for all employees, including supervisory and managerial employees, as well as part-time employees, seasonal employees and independent contractors…