DC Joins the Wage Transparency Movement
Labor & Employment Law Blog » Discrimination
by Christopher Williams
2M ago
The District of Columbia will soon require employers to disclose pay ranges in job postings after Mayor Muriel Bowser signed the Wage Transparency Omnibus Amendment Act of 2023 into law on Friday January 12, 2024. When it goes into effect on June 30, 2024, the District will join a growing number of states with wage transparency laws, including Illinois, California, New York, Colorado, Massachusetts, and Washington State. New Obligations for D.C. Employers The Act applies to employers of at least one employee in the District and imposes several new employee-friendly requirements, including the ..read more
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Looking Ahead: New California Employment Laws for 2024
Labor & Employment Law Blog » Discrimination
by Carina Novell
3M ago
In the past few months, California Governor Newsom has signed numerous new employment laws affecting California employers of all sizes. Below is a summary of some of the laws going into effect in 2024. Workplace Violence Prevention Safety Plan California will become the first state to demand employers to create an “effective” workplace violence prevention plan, train employees, and prepare/maintain records regarding workplace violence, starting July 1, 2024. SB 553 covers virtually all employers. “Workplace violence” is defined as “any act of violence or threat of violence that occurs in a pla ..read more
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New York Amends Its Release Agreement Law for the Third Time
Labor & Employment Law Blog » Discrimination
by Sean Kirby and Wolfram Ott*
4M ago
On November 17, 2023, New York Governor Kathy Hochul signed a new law that further limits the terms employers may include in release agreements relating to claims of harassment, discrimination, and retaliation. The law took effect immediately and further broadens the restrictions on release agreements already contained in New York General Obligations Law Section 5-336 (“Section 5-336”). History Enacted as a part of New York’s 2018-2019 budget bill, Section 5-336 was one of the first state laws targeting confidentiality provisions contained in release agreements passed in the wake of the #MeToo ..read more
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New California Law Makes It Easier for Employees to Establish Retaliation Claims for Alleged Labor Code Violations
Labor & Employment Law Blog » Discrimination
by Adam Rosenthal and Rachel Schuster*
4M ago
On October 8, 2023, California Governor Gavin Newsom signed into law Senate Bill No. 497, the “Equal Pay and Anti-Retaliation Protection Act.” The new law amends California Labor Code sections 98.6, 1102.5, and 1197.5 to create a “rebuttable presumption of retaliation” if an employee experiences an adverse employment action within 90 days of engaging in any protected activity covered by the specified sections. This new law, which will become effective on January 1, 2024, also entitles a prevailing plaintiff civil penalties for each violation. Section 98.6 concerns the exercise of employee ..read more
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High Protections on Information Relating to Employees’ Cannabis Use
Labor & Employment Law Blog » Discrimination
by Swaja Khanna and Tyler Bernstein
5M ago
On October 7, 2023, Governor Gavin Newsom signed SB 700 into law, amending the California Fair Employment and Housing Act (FEHA). SB 700, effective January 1, 2024, expressly prohibits employers from requesting information from job applicants relating to their prior cannabis use. This latest amendment to the FEHA follows prior changes to the law that were enacted last year. As we noted in our initial post, on September 18, 2022, California enacted Assembly Bill 2188 (AB 2188), which established Section 12954, prohibiting employers from penalizing employees or applicants for off-duty canna ..read more
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Beyond Appearances: New York City Enacts Legislation Prohibiting Discrimination Based on Height and/or Weight
Labor & Employment Law Blog » Discrimination
by Sean Kirby and Jamie Moelis
7M ago
On May 26, 2023, New York City Mayor Eric Adams signed into law an amendment to the New York City Human Rights Law (NYCHRL) that bans employment discrimination on the basis of an individual’s height and/or weight. The amendment thus further expands the comprehensive list of characteristics already protected under the NYCHRL. The law will become effective November 22, 2023. Prohibitions Under the amendment, the NYCHRL will generally prevent employers in New York City from denying an employment opportunity or taking an adverse employment action based on the actual or perceived height or wei ..read more
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California Supreme Court Finds That an Employer’s Third Party Agents May Be Held Directly Liable for Violations of California’s Fair Employment and Housing Act
Labor & Employment Law Blog » Discrimination
by Lauren Blaes
7M ago
On August 21, 2023, the California Supreme Court held in Raines v. U.S. Healthworks Medical Group that a business entity acting as an employer’s agent can be held directly liable under California’s Fair Employment and Housing Act (FEHA) for claims of employment discrimination.  In Raines, the two plaintiffs received offers of employment that were conditioned on the completion of preemployment medical screening. The medical screening was conducted by third party occupational health providers. As part of the medical screening, the third party providers required the plaintiffs to c ..read more
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Fifth Circuit Upends 30 Years of Title VII Precedent, Making it Easier for Employees to Bring Discrimination Claims
Labor & Employment Law Blog » Discrimination
by Stephen Fox, Jonathan Clark and Alexandria Amerine
7M ago
Last week, the Fifth Circuit Court of Appeals upended longstanding, employer-friendly precedent in cases brought under Title VII of the Civil Rights Act. For decades, an employment discrimination plaintiff in the Fifth Circuit had to demonstrate the “adverse employment action” forming the basis of their complaint constituted an “ultimate employment decision”—which the Court of Appeals effectively limited to hiring, firing, promotion, or compensation. No longer. In a move sure to surprise some, the traditionally employer-friendly Court broadened the scope of cognizable discrimination claims in ..read more
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Illinois is the Latest State to Enact a Salary Transparency Law
Labor & Employment Law Blog » Discrimination
by Katherine Oblak, Victoria Hubona and Shawn D. Fabian
7M ago
Illinois is the latest in a growing trend among states and cities throughout the country to enact salary transparency laws. Illinois joins the ranks of California, Washington and Colorado, among others, requiring employers to disclose pay scale and benefits in job postings. On August 11, 2023, Governor J.B. Pritzker signed House Bill 3129 into law. Like its California, Washington and Colorado counterparts, the Illinois law is rooted in historic pay inequity among marginalized groups. The law amends Illinois’ Equal Pay Act and, beginning January 1, 2025, requires employers with 15 or more ..read more
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DHS Releases New Form I-9 and Video Verification Procedure: Guidance and Checklists for Busy Employers
Labor & Employment Law Blog » Discrimination
by Greg Berk, Lisa Harris, Andrew Desposito and Christine Doyle
8M ago
On August 1, 2023, the Department of Homeland Security (“DHS”) released a new Form I-9. The previous one was issued in 2019 and expires on October 31, 2023.  In addition, DHS recently announced enhanced remote verification flexibility using video for E-Verify employers, both for clean-up of I-9s created during the pandemic and going forward. While the Government is well intended, the new I-9 and the remote verification process are still fraught with confusion and challenges for employers across the U.S. Below is some clarity for busy employers to help them remain in compliance. Quick ..read more
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