On July 9, 2021, President Biden signed the sweeping Executive Order on Promoting Competition in the American Economy, which outlined over 70 wide-ranging initiatives aimed at promoting competition and workers’ interests. One of these initiatives “encouraged” the Federal Trade Commission (“FTC”) to use its statutory rulemaking authority “to curtail the unfair use of non-compete clauses […]
Institutional investors and other stakeholders are seeking better information from public companies on workforce diversity. Company executives and boards are discussing how and what to disclose, and many observers believe the SEC will mandate further disclosures. Auditors are even mapping out attestation services for ESG reporting. But when it comes to disclosing Human Capital information, straightforward […]
On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA) of 2021. Within this $1.9 trillion relief Bill, Congress extended certain previously enacted COVID-19 stimulus package provisions and expanded on previous measures, providing more relief and creating new obligations. Here, we highlight a few key provisions of the Act relevant to employers.
A recent survey conducted by the Society of Human Resource Managers revealed that one of the top employment issues businesses face today is how best to train supervisors to effectively manage a remote workforce. Close behind supervisory training is the need for a formal, written telework policy. The workplace strains brought about by the sudden […]
Employers may recall that, in the final days of the Trump Administration, the EEOC issued proposed regulations addressing incentives related to wellness programs and their lawfulness under the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”). Under the ADA and GINA, employers are generally permitted to request employee medical or genetic […]
Employers with 100 or more employees nationally and at least one employee in California are required to submit a pay data report to the Department of Fair Employment and Housing no later than March 31, 2021. Similar to the Federal EEO-1 reporting requirements, in September 2020, California passed Senate Bill 973 which requires employers with […]
A complaint filed in Massachusetts federal court earlier this week highlights a blind spot for many employers. When thinking about parental leave issues, employers often focus on their women. But men have the same rights as women when it comes to taking time off after the birth or placement of a child, or to care […]
2020 brought employment law practitioners several federal court decisions that proved to be interesting, instructive and, at times, entertaining. Some decisions were victories for employees, and others were victories for employers. No matter the outcome, however, all the opinions continue to shape the employment landscape. Here are summaries of nine of these key cases, along with […]
COVID-19 has altered the way nearly every employee performs their work. Videoconferencing and phone calls have largely replaced in-person visits and face-to-face meetings in many workplaces. By extension, many sales employees who used to visit customers in person now do so remotely. While convenient, this practice may compromise their status as exempt employees under federal […]
Colorado’s Equal Pay for Equal Work Act (the “Act”) goes into effect January 1, 2021. To implement the Act, the Colorado Department of Labor and Employment recently adopted the Equal Pay Transparency (“EPT”) Rules. Here, we summarize certain notable features of the Act and the EPT Rules to help employers with Colorado employees ensure that hiring, […]
