In January 2020, New Jersey Governor Phil Murphy signed into law Senate Bill 3170, which amended and significantly expanded employer obligations under the Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ WARN”).  In the midst of the COVID-19 pandemic, however, the State delayed the amendments’ effective date until 90 days after the termination of the Governor’s Declaration of a State of Emergency related to COVID-19.  While business has largely returned to normal across…
Part two of our “Back to School” webinar series will take a look at looming issues for employers as they face an uncertain economic forecast while still dealing with novel challenges created by the COVID-19 pandemic. Despite unemployment rates remaining steady, a changing economy has many employers anticipating the need to reduce their workforce and re-thinking workforce management. This discussion will focus on key considerations for employers when planning a reduction in workforce, including: The…
As COVID lingers and the economy remains uncertain, employers face a host of issues. Recently, a group of Ballard Spahr attorneys hosted part one of a two part webinar series to revisit the basics, as well as novel issues, related to aligning your workforce to your business needs. Many businesses do not have enough workers and are focused on attracting and retaining necessary talent, while others, due to rising costs and stubborn supply chain problems,…
On October 11, 2022, the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), citing continued safety precautions related to COVID-19, extended through July 2023 the flexibility rule for the Form I-9 Employment Eligibility Verification, which has been in place since March 2020. Employers are required to inspect employees I-9 identify and corresponding eligibility documentation in-person for those employees who “who physically report to work at a company location on any regular, consistent,…
On August 26, 2022, the United States Court of Appeals for the Eleventh Circuit narrowed the nationwide injunction of Executive Order 14042, which requires federal contractors and employees who work on or in connection with a covered federal contract, or share a workplace with another employee who works on or in connection with such contracts, to be fully vaccinated against COVID-19. The Eleventh Circuit held that the nationwide injunction issued by a federal district…
On August 26, 2022, the U.S. Court of Appeals for the District of Columbia Circuit turned back efforts by a group of unions seeking to force the Occupational Safety and Health Administration (OSHA) to quickly issue a permanent rule establishing protections for healthcare workers from COVID-19.   A unanimous three-judge panel in In re: National Nurses United, et al. held that the court lacks jurisdiction to compel OSHA to retain the now-expired Healthcare Emergency Temporary Standard…
On July 12, 2022, the EEOC again revised its technical assistance questions and answers related to the COVID-19 pandemic and the application of the Americans with Disabilities Act (ADA) and other federal equal employment opportunity laws. In addition, the EEOC updated its publication for employees, Federal Laws Protect You Against Employment Discrimination During the COVID-19 Pandemic. Employers across all industries will find relevant material in the new updates. Notably, the technical assistance revisions make clear…
More Pay Transparency Laws Our last edition focused on the new pay transparency law in New York City.  The New York State Legislature passed Senate Bill 9427A, which would impose salary disclosure requirements similar to those issued in New York City.  The bill would require employers to disclose the compensation or a range of compensation (i.e., the minimum and maximum annual salary or hourly range of compensation) for each job, promotion, or transfer opportunity…
Welcome back to Ballard Spahr’s New York Minute.  Below are some of the latest developments impacting employers in the fast-paced and ever-evolving New York market.  Please contact us with questions regarding the topics below or for any other guidance related employment laws covering New York employers. Electronic Employee Monitoring Law Effective May 7, 2022 Beginning May 7, 2022, New York employers that electronically monitor phones, emails, and/or internet usage (among other sources) will be required…
On April 11, 2022, citing the rising numbers of COVID-19 cases, the Philadelphia Department of Public Health announced that it has moved into the “Mask Precautions” pandemic response level and will reinstate the City’s indoor mask mandate for most indoor spaces.  Masks will be required beginning Monday, April 18, after a one-week education period.  While masks will be required in indoor public places, there is no vaccine requirement for places that serve food or drink. …