The U.S. Department of Labor has announced that the Occupational Safety and Health Administration (OSHA) has initiated a National Emphasis Program (NEP) to prevent falls in the workplace, which OSHA states is the leading cause of workplace injuries and fatalities, ahead of violations of OSHA’s respiratory protection standard. Although most of the citations involving fall
New York City Council Passes Law Regulating Use of Artificial Intelligence in Employment Decisions
The New York City Council recently enacted an ordinance banning artificial intelligence (“AI”) in employment decisions unless the technology has been subject to an independent bias audit within a year of use.
Many employers have been using AI in employment decisions for years without regulation. This technology can range from algorithms finding ideal candidates to software used to asses a candidate’s performance during screening interviews. While AI tools promote efficiency, reduce costs, and can help employers make informed decisions, technology can run afoul of discrimination laws by reinforcing bias or screening out candidates of protected classes.
Continue Reading New York City Council Passes Law Regulating Use of Artificial Intelligence in Employment Decisions
New York Workplace Sexual Harassment Hotline Now Operational
In March 2022, Governor Kathy Hochul signed legislation amending the New York State Human Rights Law to establish a sexual harassment hotline directly to the New York State Division of Human Rights (NYSDHR). The hotline (800-HARASS-3), which is now active, is intended to be staffed by pro bono lawyers experienced in counseling individuals on sexual harassment. Contact with the hotline does not constitute the filing of a harassment complaint, and individuals intending to file a complaint with the NYSDHR would still be required to follow existing procedures for doing so.
Continue Reading New York Workplace Sexual Harassment Hotline Now Operational
Department of Labor Revises “Health Care Provider” Exemption to COVID-19-Related Paid Sick Leave and Enhanced Family Medical Leave
The Families First Coronavirus Response Act (“FFCRA”) became law on March 18, 2020 in response to the COVID-19 pandemic. As we previously blogged on several (okay, numerous) occasions, the FFCRA comprises the Emergency Paid Sick Leave Act (“EPSLA”) and Emergency Family and Medical Leave Expansion Act (“EFMLA”), which provide paid leave in connection with certain COVID-19 related absences from work. Rather than go into each of those circumstances, you can click on any of the above links to our previous blogs. Although most employers are required to offer EPSLA and EFMLA leave to employees, employers are not required to extend leave eligibility to a “health care provider.”
Continue Reading Department of Labor Revises “Health Care Provider” Exemption to COVID-19-Related Paid Sick Leave and Enhanced Family Medical Leave
Department of Labor Updates Families First Coronavirus Response Act Q&A Guidance on Calculating Leave Entitlements
For the last several weeks, the Department of Labor has periodically updated its Families First Coronavirus Response Act: (FFCRA) “Questions and Answers” page by illustrating real-world applications of the FFCRA. We covered previous updates on March 31, 2020 and March 25, 2020. The most recent updates – questions 80-88 – illustrate common issues in computing employee hour and pay entitlements under the FFCRA, among others.
Continue Reading Department of Labor Updates Families First Coronavirus Response Act Q&A Guidance on Calculating Leave Entitlements
DOL Issues Temporary Regulations Detailing FFCRA Paid Leave Rules
The Families First Coronavirus Relief Act’s (“FFCRA”) swift enactment left employers scrambling to interpret its provisions. Fortunately, the Department of Labor has issued temporary regulations that resolve many common questions and scenarios. Final regulations are expected on April 6th.
The FFCRA provides two types of paid leave: the Emergency Paid Sick Leave Act (“EPSLA”) and Emergency Family and Medical Leave Expansion Act (“EFMLEA”). You can read about the basic provisions of FFCRA here. This post summarizes some critical issues concerning FFCRA implementation.
Continue Reading DOL Issues Temporary Regulations Detailing FFCRA Paid Leave Rules
Department of Labor Continues to Update FAQ Concerning Families First Coronavirus Response Act
The federal Department of Labor (DOL) continues to update its Families First Coronavirus Response Act (FFCRA) FAQ leading up to the April 1, 2020 implementation. Over the past week, the DOL has supplemented the FFCRA FAQ several times to provide guidance and clarifications concerning lingering questions. Some of the recent clarifications we find helpful are below.
Continue Reading Department of Labor Continues to Update FAQ Concerning Families First Coronavirus Response Act
DOL Issues FFCRA Rights and Responsibilities Poster
Updating our prior Families First Coronavirus Response Act (FFCRA) guidance, today the Department of Labor issued a model poster concerning FFCRA rights and responsibilities. The poster is accessible at: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf
The FFCRA requires covered employers post in a conspicuous place on its premises a notice of FFCRA requirements. For covered employers with remote work forces,
IRS and DOL Preview How Employers Can Recoup Costs of Providing Paid Leave to Employees for Coronavirus-Related Absences
Last week, President Trump signed into law the Families First Coronavirus Response Act (“FFCRA”), which requires employers with fewer than 500 employees to provide employees expanded family and medical leave and paid sick leave benefits for Coronavirus-related reasons. The FFCRA creates for certain private employers a refundable paid sick leave credit and paid child care leave credit that are intended to immediately and fully reimburse these employers, dollar-for-dollar, for the cost of providing Coronavirus-related leave to their employees.
Continue Reading IRS and DOL Preview How Employers Can Recoup Costs of Providing Paid Leave to Employees for Coronavirus-Related Absences
Department of Labor Releases First Three Opinion Letters of 2020
The Department of Labor announced its return from winter vacation this week by issuing three new opinion letters. Two of the letters address Fair Labor Standards Act (“FLSA”) payment calculation issues; the other deals with the applicability of the Family and Medical Leave Act (“FMLA”) to a special health district.
Continue Reading Department of Labor Releases First Three Opinion Letters of 2020