• Posts by Sara M. Rose
    Associate

    As a firm believer that every problem can be solved, Sara goes the extra mile to obtain the best resolutions for her clients, who appreciate her dedication, creativity and  quick turnaround. 

    Having studied business in college, Sara ...

Certain states are prohibiting employers from entering into settlement agreements, while others have reduced family-leave insurance rates and prohibited employers from cooperating in any inquiry or investigation into an employee and abortion-related services. Read the full article to determine whether any of these laws apply to you.

CALIFORNIA

Under A.B. 352, employers are prohibited from disclosing certain information to any person, agency, or department from another state, if the disclosure would identify or is related to a person seeking or obtaining an abortion (or ...

On September 30, 2023, California enacted Senate Bill No. 553 (“S.B. 553”), which requires covered California employers to adopt a comprehensive workplace violence prevention plan by July 1, 2024.  These plans may be stand-alone documents or incorporated as new sections of the employer’s Injury and Illness Prevention Program (IIPP). 

Many states are prohibiting employers from entering into non-competes with their employees.  Read the full article to determine whether any of these new laws apply to you!

Florida recently enacted significant legislation relating to employee immigration verification. Senate Bill 1718 (the “Bill”), which Gov. Ron DeSantis signed into law on May 10, 2023, makes using E-Verify mandatory for any private employer with 25 or more employees, imposes penalties for those employing undocumented individuals, and enhances penalties for human trafficking. Previously, only Florida’s public sector employers were required to use E-Verify. Effective July 1, 2023, all private sector employers in Florida with 25 or more employees must use E-Verify to confirm the work authorization status of newly hired employees.

Several recent changes impacting employers in jurisdictions across the nation are summarized below. Many states and municipalities have increased their hourly minimum wage rates, some to as high as $18.07 per hour. Read the full article to determine whether any of these changes apply to you! 

Check out some of the most recent local employment law updates in Illinois, Colorado, Maryland, Michigan, New York and Pennsylvania regarding wages and paid leave.

Check out some of the most recent state law updates on employee rights, leave and minimum wage.

On December 29, 2022, President Biden signed an omnibus appropriations bill into law that includes expanded protections for pregnant and nursing employees through two new acts: The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP).

As labor unions continue to target banks and credit unions – employers that, as mentioned in our previous blog, unions historically avoided – employers in the financial industry must be aware of labor law developments.  It is critical that employers know and understand the rules of engagement in traditional labor law --- particularly as the law develops under the current administration.  What now will trigger an unfair labor practice charge or the ire of the National Labor Relations Board (NLRB) is much different than a few years ago.  Additionally, the rules and procedures surrounding a union organizing drive is changing dramatically and evolving into a very pro-union process.

On August 25, 2022, the U.S. Securities and Exchange Commission (SEC) voted to adopt the “pay-versus-performance” rule, requiring publicly traded companies (except foreign private issuers, registered investment companies, and Emerging Growth Companies) to provide clear disclosure to shareholders on the relationship between companies’ executive compensation and financial performance. The adoption finally implements Section 14(i) of the Securities and Exchange Act of 1934 (the “Exchange Act”), as added by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.

Check out some of the most recent state law updates on COVID-19, employee rights, minimum wage and paid leave.

States are becoming more focused on labor relations! Check out some of the most recent state law updates on employer-employee relationships, minimum wage and paid leave.

Check out some of the recent updates in COVID-19 regulations, discrimination policies, minimum wage and more!

Learn about some of the most recent updates made to various state COVID-19 regulations!

Many states are updating their laws surrounding workplace rights and paid leave. This blog touches on some of the most recent and crucial updates made to local laws involving paid leave and worker rights.

Find out how some states have amended their state fair employment practices laws by redefining various key terms that have previously been consistent across the United States. 

Mayor Lori Lightfoot and the Commission on Human Relations (the “Commission”) recently amended and expanded the sexual harassment prohibitions set forth by the City of Chicago.  The Ordinance provides for many changes—it (i) expands the definition of “sexual harassment;” (ii) expands the requirement for written policy documents; (iii) increases the statute of limitations for reporting discrimination; (iv) increases the monetary penalty for discrimination; and (v) has caused additional “safety measures” to be implemented by employers. 

Here are some of the latest state and local employment law updates for May 13, 2022. 

Below are some of the latest state updates –

INDIANA

Indiana Code 24-4.9-3-3, which addresses “reasonable” delays in reporting data security breaches, was amended by H.B. 1351 to impose a forty-five (45) day limit on reporting breaches of certain personal information.  Effective July 1, 2022, employers must notify Indiana residents, including employees and applicants, no later than forty-five (45) days after discovering a breach of certain personal information.

MASSACHUSETTS

The COVID-19 Massachusetts Emergency Paid Sick Leave Program ended on March 15 ...

Below are some of the latest state updates and posters —

CALIFORNIA

Minimum Wage Poster

The City of Pasadena has updated its Minimum Wage Poster to reflect a $16.11 hourly minimum wage rate, effective July 1, 2022 through June 30, 2023.  The minimum wage requirement set forth in the Pasadena Minimum Wage Ordinance applies to adult and minor employees who work two (2) or more hours per week in Pasadena.

Employers must (1) display this poster in the workplace where it can be easily read by employees, and (2) translate its contents into languages spoken by five percent (5%) or more of their ...

See some of the latest state updates and posters – Fair Employment, Paid Leave and Minimum Wage Rates

Although labor unions have historically not targeted  banks and credit unions for organizing, desperate times call for desperate measures as union membership continues to fall in the United States with only 6.1% of the private sector workforce belonging to a labor organization. While just over 1% of all financial services employees are unionized, there has been an uptick in unionization hitting the financial industry since 2020; with signs of more aggressive action on the part of labor organizations not slowing down. 

Recent Union Organizing of Financial Institutions

Recent ...

Below are some of the latest state updates and posters –

NEW JERSEY

The State of New Jersey has issued a new Wage and Hour Law Abstract in connection with its amendment of the statutory minimum wage rate. Accordingly, employees are not to be paid less than the state minimum wage schedule provided.

Overtime is payable at a rate of 1.5 times the employee’s regular hourly rate for hours worked in excess of 40 hours per week. The following employees are exempt from overtime: (i) executive, administrative and professional; (ii) farm workers; and (iii) limousine drivers.

Employees ...

Below are some of the latest state updates and posters –

CALIFORNIA

The State of California has released various information on Covid-19 related paid sick leave for 2022:

  • According to the Supplemental Paid Sick Leave Poster, which became effective on February 19, 2022, covered employees in the public or private sectors who work for employers with at least 26 employees are entitled to up to 80 hours of 2022 COVID-19 related paid sick leave from January 1, 2022 through September 30, 2022. This leave is to be issued immediately upon any form of request to employers, and 40 of ...

Below are some of the latest state updates –

CALIFORNIA

The State of California has updated the following:

  • According to a Notice issued by the Los Angeles Office of Wage Standards on February 1, 2022, the city’s hourly minimum wage will rise from $15.00 to $16.04 as of July 1, 2022.
  1. Supplemental paid sick leave is now provided to covered employees under Senate Bill No. 114.  Such employees must be unable to work, in person or remotely, for reasons related to COVID-19.  The paid sick leave will be retroactive from January 1, 2022 until September 30, 2022.  The same provisions apply to ...

Within the last week, the State of Illinois issued two new workplace posters and the District of Columbia issued a revised COVID-19 poster.  The State of Minnesota and the State of Colorado also updated their legislation on pregnancy accommodations and sentencing reform, respectively.

All posters are required postings and must be displayed in the workplace—including, to the extent applicable, employees’ remote workplaces.

ILLINOIS

The Illinois Department of Labor (IDOL) has issued the following posters:

This poster details the ...

As of January 2022, the State of California and the State of Oregon have issued new workplace posters and updated certification forms related to various labor laws. The materials addressed below are mandatory postings for all employers, whether that be in the workplace or provided in employee handbooks. Businesses that fail to comply may be subject to fines or sanctions.

CALIFORNIA

The California Department of Fair Employment and Housing (DFEH) has issued multiple new posters and certification forms in connection with the expansion of the California Family Rights Act (CFRA) and ...

On January 6, 2022, the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) released a signed Memorandum of Understanding (MOU) detailing the agencies’ most recent pact to enforce federal labor and employment laws.

The partnership intends to ensure that workers receive proper wages and are able to take collective action to improve working conditions without fear of retaliation. The MOU outlines several procedures on information-sharing, joint investigations and enforcement activity, and training meant to strengthen the agencies’ ...

The executive compensation clawback rule mandated by Congress in Section 954 of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), is back.  In the event of corporate misconduct, it will enable the SEC to recoup executive compensation (i.e., bonuses or other incentive-based pay), regardless of whether the executive was directly involved in or accused of any wrongdoing.

Section 954 of the Dodd-Frank Act

The U.S. Securities and Exchange Commission (SEC) proposed an initial draft of Section 954 in 2015. Under Section 954, the SEC was to issue rules ...

Welcome to the Labor and Employment Law Update where attorneys from Amundsen Davis blog about management side labor and employment issues. 

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