EEOC Updates COVID-19 Workplace Testing Rules: What Employers Need to Know
8/9/22
By: Tia Combs
On July 12, 2022, the EEOC updated its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws: Technical Assistance Questions and Answers” by updating its guidance on when employers can …
Massachusetts Supreme Judicial Court Holds that Food Delivery App May Enforce Arbitration Agreement Against Drivers
7/29/22
By: R. Victoria Fuller and Sean Andrés Rapela
On July 27, 2022, the Massachusetts Supreme Judicial Court of (“SJC”) held that food delivery app drivers do not fall within the narrow category of employees who are exempt from arbitration under …
New York’s New Sexual Harassment Hotline Could Lead To A Surge In Claims For Employers
7/26/22
By: Kaitlyn Grajek
New York employers should brace for a prospective uptick in sexual harassment claims as a statewide toll-free confidential hotline became active on July 14, 2022. According to a Press Release by the New York State Senate Democratic …
Supreme Court Clarifies Scope Of The “Transportation Worker Exemption” In The Federal Arbitration Act
7/6/22
By: John M. Badagliacca
In a continuing trend toward the limitation of the enforcement of arbitration clauses in employment contracts, in Southwest Airlines Co. v. Saxon, the Supreme Court of the United States unanimously held that an airport ramp supervisor …
A month into recreational cannabis sales, NJ Employers still lack guidance on drugfree workplace enforcement
6/3/22
By: Courtney Knight
New Jersey recreational cannabis sales began April 21, 2022 and have since amounted $24 million in sales. But what happens when all of those legal users show up to work and/or apply for a new job? The …
You Can’t Find Me Anymore: New Jersey Cracks Down on Employer Tracking
5/16/22
By: Stephanie L. Greenfield, Esq.
Employers take notice, effective on April 19, 2022, a new law prohibits New Jersey employers from tracking vehicles driven by employees without first providing written notice. The law is designed to further protect employee privacy …
No more tears: Supreme Court rules damages for emotional distress are not recoverable under Title VI, Title IX, the Rehabilitation Act, or the Affordable Care Act
5/4/22
By: Michael M. Hill
In a sea change for antidiscrimination laws, the Supreme Court ruled in Cummings v. Premier Rehab Keller, P.L.L.C. that, under certain federal statutes, plaintiffs cannot obtain damages for mental or emotional distress. The statutes implicated by …
Employer overcomes religious-based challenge to vaccine mandate
5/2/22
By: Janet R. Barringer
On April 27, 2022, the United States Court of Appeals for the First Circuit Court ruled in Together Employees, by Individual Representatives v. Mass. Gen. Brigham Inc. (2022 U.S. App. LEXIS 11379), that a hospital system …
Massachusetts High Court Issues Two Important Wage and Hour Decisions
4/22/22
By: Jennifer Markowski, R. Victoria Fuller and Chris Redd
The Massachusetts Supreme Judicial Court (“SJC”) recently issued a pair of decisions clarifying potential damages under Massachusetts’ wage and hour laws. Reuter v. City of Methuen addressed the appropriate measure …
PAGA Manageability Requirement: A Split of Authority in California
4/15/22
By: Adam G. Khan
On March 23, 2022, the California Court of Appeal based in Orange County held in Estrada v. Royalty Carpet Mills, Inc., 2022 Cal. App. LEXIS 237 a trial court “cannot dismiss a PAGA claim based …
California court holds that board diversity law violates equal protection
4/13/22
By: John Rubiner
On September 30, 2020, California Governor Gavin Newsom signed into a law a bill (SB 979) that required publicly held companies headquartered in California to include board members from underrepresented communities. The law further required that, by …
Updating Your California Employee Handbooks in 2022
4/4/22
By: Eileen P. Darroll
Employee Handbooks protect employers from potential litigation. California has notoriously strict laws protecting employees; all businesses should regularly review handbooks for updates. If your business is based outside California, you should consider creating an addendum for …