The COVID-19 pandemic presented numerous challenges for employers and workplaces across the globe. While COVID is not gone, the federal government did recently end the federal public health emergency. Shortly thereafter, on May 15, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued “capstone” technical guidance that aggregates more than 20 updates the EEOC made
Labor & Employment Law Perspectives
Latest from Labor & Employment Law Perspectives
DHS Grants Additional Time for Full Form I-9 Compliance after Temporary Flexibility Procedures End and Provides Update on Future Remove Verification Rule
In a May 4, 2023, announcement, the U.S. Department of Homeland Security (DHS) granted employers through August 30, 2023, to complete the physical document inspection required for Form I-9, Employment Eligibility Verification, after relying on the COVID-19 temporary I-9 flexibility procedures. This is an extension of about thirty days from the previous deadline.…
Supreme Court hears Arguments on Case Poised to Alter Employers’ Religious Accommodation Obligations
On April 18, 2023, the U.S. Supreme Court heard arguments in a high-profile case seeking to alter employers’ obligations to accommodate workers’ religious observances. Federal law currently requires covered employers to reasonably accommodate employees’ sincerely held religious beliefs — unless doing so would create an “undue hardship” for the employer. Examples of religious accommodations include…
FMLA Developments Regarding Telework and Retaliation Claims You Should Know About
As our readers might expect, new guidance from the Department of Labor and recent case law continue to shape how human resources professionals should be thinking about administering leave under the Family and Medical Leave Act (FMLA).
Regarding teleworking and remote work, the Department of Labor (DOL) recently issued a Field Assistance Bulletin (FAB No.
EEOC Reminds Employers How to Handle Applicants and Employees With Hearing Disabilities
There is no doubt that the COVID-19 pandemic continues to have a lasting impact on our society. Of the various changes we have experienced so far, the prevalence of remote or hybrid workplaces has had — and will continue to have — a profound impact on how employers approach their workforces.
While remote work certainly…
Employee Right to Sue for OSHA Violations has Strict Time Limit
Timing really does matter. In a “first of its kind” decision arising from a Pennsylvania meatpacking plant and its COVID response, a federal appeals court has severely limited when a private person may sue for alleged OSHA violations. Specifically, on January 31, 2023, in Jane Doe v. OSHA, the U.S Court of Appeals for the…
New Jersey’s Expanded WARN Obligation to Take Effect in April 2023
It has been three years since we updated you on New Jersey’s law that proposed to amend the state’s mini-WARN Act (Millville Dallas Airmotive Plant Job Loss Notification Act).
As we reported at the time, the law was supposed to go into effect on July 19, 2020. However, as with so many things, the pandemic…
Fa-La-La Laws: Employer Liability Issues for Office Holiday Parties
With the holiday season approaching, employers should be mindful that office holiday parties can create HR headaches. As pandemic restrictions have declined, employers are eager to host, and employees are eager to attend, in-person social events.
However, a number of employment laws could be implicated from a holiday party gone wrong. Consequently, employers should keep…
COVID-related Form I-9 Remote Verification Flexibilities Extended Through July 31, 2023
On October 11, 2022, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension through July 31, 2023 of Form I-9 remote verification flexibilities first announced in March 2020 and later updated in March 2021.
The March 2020-announcement, issued in response to COVID-19 public health guidance and precautions,…
“No-Fault” Attendance Policies Now Unlawful in New York: What Should Employers Do?
Last week, New York State enacted legislation that bans “no-fault” attendance policies. The new law, which will take effect in 90 days, prohibits employers from penalizing workers based on “use of any legally protected absence pursuant to federal, local, or state law,” and clarifies that assessing attendance points (or taking similar actions such as issuing…