The U.S. Department of Labor (DOL) has issued a Final Rule on the standards for determining independent contractor status for purposes of minimum wage and overtime pay issues under the Fair Labor Standards Act (FLSA). Although the Final Rule is considered “new,” it is based on the standard that was applied prior to the 2021

The National Labor Relations Board (NLRB) and Occupational Safety and Health Administration (OSHA) have agreed to team up to investigate and enforce protections for workers who raise safety concerns and suffer retaliation as a result.
Continue Reading NLRB and OSHA Enter Into Collaboration Agreement To Pursue Violations Implicating Both NLRA and OSH Act

On January 1, 2023, Connecticut Public Act No. 21-32[1] the “Clean Slate” law expanded protections for applicants and employees with criminal records. Employers are prohibited from requesting information about, making hiring decisions based on, or discriminating or discharging employees based on criminal records that have been erased.

The new law allows for erasure of

On November 4, 2021, the Occupational Safety and Health Administration of the U.S. Department of Labor (“OSHA”), issued its long-awaited Emergency Temporary Standard (“ETS”), applicable to employers with at least 100 employees.  The ETS was issued by OSHA pursuant to President Biden’s COVID-19 Action Plan, announced last month, and provides minimum requirements in the implementation of mandatory vaccination policies.  The 490 page ETS is effective immediately, and preempts or supersedes any state or municipal law that conflicts with its requirements.
Continue Reading OSHA Issues Long-Awaited Emergency Temporary Standard for Employers

In response to COVID-19 vaccination mandates and employer-mandated vaccination policies, federal agencies continue to issue guidance.  The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Health and Human Services’ Office for Civil Rights (OCR) have released additional guidance addressing common employer concerns regarding vaccination status, discrimination, and reasonable accommodations.
Continue Reading Handling COVID-19 Vaccination Mandates: Federal Agencies Continue to Issue Guidance

On January 21, 2021, President Biden issued an Executive Order on Protecting Worker Health and Safety. The order directed the Occupational Safety and Health Administration (OSHA) to take action to reduce the risk that workers may contract COVID-19 in the workplace. On June 10, 2021, OSHA announced a highly-anticipated Emergency Temporary Standard (ETS) setting forth steps that employers in the healthcare industry must take to protect workers from COVID-19 risks while the pandemic is ongoing. The ETS will become effective 14 days after it is formally published in the Federal Register.
Continue Reading OSHA Announces COVID-19 Emergency Temporary Standard for Healthcare Industry

On Friday, April 17, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance on COVID-19 issues and equal employment opportunity (EEO) laws.  The easy to read Q&A format is necessary reading for essential employers whose physical workspaces remain open, and for employers contemplating re-opening plans or personnel changes.  The EEOC’s guidance clarifies that EEO laws, such as the Americans with Disabilities Act (ADA), continue to apply during the pandemic, while recognizing that these laws should not interfere with applicable safety guidelines issued by the CDC and other agencies.  Recent guidance addresses the following issues:
Continue Reading EEOC Releases Updated COVID-19 Guidance (Updated as of April 23, 2020)

On October 17, 2018, the New York City Council passed several bills, referred to as a parental empowerment package, which will likely be signed by the mayor. These bills require employers with 15 or more employees to provide a “lactation space” and “lactation accommodation” for employees who need to express and store breast milk.  Specifically, employers will be required to designate a private sanitary place that is not a restroom for purposes of expressing milk. Although since 2008 New York State law has required employers to allow nursing mothers with breaks to express milk, New York City will require a dedicated room for this purpose. In addition to providing a lactation space, which must be in reasonable proximity to the employee’s work area, the law will also require that employers provide a refrigerator that is suitable for breast milk storage.
Continue Reading NYC Council Votes to Require Lactation Room and Accommodation Policy