Recent Blog Posts
- New Maryland Law Requires Applicant Consent Prior to Using Facial Recognition Technology in Job Interviews In a recent Bloomberg Law article, we reported on legislative developments regulating the use of artificial intelligence (“AI”) in employment law decisions. On May 11, 2020, one of the pieces of proposed legislation we discussed, Maryland’s H.B. 1202, became law without Governor Larry Hogan’s signature. As we reported, H.B. 1202 prohibits employers from using facial recognition technology during pre-employment job interviews without the applicant’s consent. To use facial recognition services in interviewing employees, an employer must obtain an applicant’s written... More
- New Jersey Governor Extends Public Health Emergency Until Early August 2020 On July 2, 2020, New Jersey Governor Phil Murphy signed Executive Order 162 (“EO 162”) extending the state’s Public Health Emergency by thirty days, i.e., until approximately August 2, 2020. Pursuant to EO 162, all Executive Orders and actions taken by any Executive Branch departments and agencies (including Administrative Orders) that were adopted in whole or in part based on the current Public Health Emergency will remain in full force and effect. A declared public health emergency gives Gov. Murphy... More
- New Jersey: Rules for Re-Opening Indoor Retail, Recreational and Entertainment Businesses and Individual Instruction at Gyms On June 26, 2020, New Governor Phil Murphy issued Executive Order 157 (“EO 157”), which details rules for the reopening of indoor retail, recreational and entertainment businesses (including casinos) and individual instruction at gyms. Initially, EO 157 also permitted indoor dining (with restrictions) to begin on July 2, 2020, but Gov. Murphy reversed that decision three days later via Executive Order 158 (“EO 158”) and has said that indoor dining in New Jersey will continue to be prohibited indefinitely. Gov.... More
- Connecticut’s Plan to Reopen Businesses – Rules for Phase 2 Businesses On June 7, 2020, Governor Lamont issued Sector Rules that Connecticut businesses must follow in order to open during Phase 2 of the state’s reopening plan.
Phase 2 (which began on June 17, 2020) includes the following sectors:
Museums, zoos and aquariums
Indoor recreation (e.g. bowling, movie theaters etc.)
Personal services (e.g. nail salons, tattoo parlors, etc.)
Sports and fitness facilities (e.g. gyms, fitness centers, pools, etc.)
Film, television and digital media production
Each Phase 2 Business is required to self-certify that it... More
- July 2020 Immigration Alert Trump Administration Amends Presidential Proclamation That Temporarily Suspends New H-1B, H2B, J-1, and L-1 Visa and Travel from Abroad
On June 29, 2020, the Trump administration issued an amendment to Section 3(a)(ii) of Proclamation 10052 (“Proclamation”) to suspend and limit foreign nationals attempting to enter the United States in H-1B/H-2B/H-4, L-1/L-2, or J-1/J-2 employment-based nonimmigrant visa categories.
The original language in the Proclamation read as follows:
Sec. 3. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section... More
- Video: OSHA’s Three-Phase Plan, COVID-19 Workplace Training, Virginia’s Seismic Shift – Employment Law This Week As featured on #WorkforceWednesday: This week, we finally have some guidance from the Occupational Safety and Health Administration (OSHA), and big employment law changes in Virginia go into effect.
Video: YouTube, Vimeo, MP4, Instagram.... More
- Sweeping Changes for Virginia Employers Take Effect July 1, 2020 represents a milestone for Virginia employers. As we previously reported, nearly two dozen new employment laws take effect, including the Virginia Values Act. In addition, all of Virginia enters Phase Three of Governor Ralph Northam’s Safer at Home plan to reopen the economy in light of the COVID-19 pandemic.
Changes to Virginia Employment Law
Employers with Virginia operations should take note of the following important changes:
Sexual Orientation, Gender Identity, Military Status, and Pregnancy: The Virginia Values Act amended the... More
- The Latest COVID-19 Reopening Guidance for Illinois and Chicago Employers Last week, Illinois moved in to “Phase 4” of the state’s five-stage Restore Illinois Plan (the “Plan”). As part of this transition, the Illinois Department of Commerce and Economic Opportunity issued updated, industry-specific Phase 4 Guidelines (the “Guidelines”).
From an employer compliance standpoint, the transition from Phase 3 to 4 is not a radical change. Rather, the transition primarily involves loosened restrictions for already open businesses, and the reopening of additional industries (such as indoor recreation facilities like bowling alleys and... More
- Video: Health Care Employers Face Reopening Challenges – Employment Law This Week Featured in #WorkforceWednesday: Attorney Denise Dadika examines the unique challenges health care employers face as they ramp business back up and reopen for both patients and employees.
Video: YouTube, Vimeo, MP4, Instagram.... More
- NJ Governor Again Increases Permissible Size of Gatherings and Clarifies the Meaning of “Outdoor Area” for Purposes of Outdoor Dining On June 22, 2020, New Jersey Governor Phil Murphy issued Executive Order 156 (“EO 156”), which, effective immediately, increases the permissible number of attendees at indoor and outdoor gatherings from the limits he established in Executive Order 152 (“EO 152”) (which we wrote about here).
Specifically, pursuant to EO 156:
For indoor gatherings, the number of individuals shall be limited to 25% of the capacity of the room in which it takes place, “but regardless of the capacity of the room, such... More