Recent Blog Posts
- WA Governor Signs Salary History Ban – Effective 7/28/19 As we wrote last month, the state of Washington passed legislation barring most inquiries into salary history by employers, as well as requiring employers to divulge salary bands for posted jobs. On May 9, 2019, the governor of Washington, Jay Inslee, signed the bill, confirming the law statewide. The law will take effect on July 28, 2019, and prior to that date, Washington employers should plan to amend any employment applications and hiring practices to conform to the new law.... More
- Pre-Employment Drug Testing to be Banned Under New NYC Bill Our colleagues Nathaniel M. Glasser, Lauri F. Rasnick, Michael F. McGahan, Steven M. Swirsky, Amanda M. Gómez, and Anastasia A. Regne at Epstein Becker Green have recently published a post on the Health Employment and Labor Blog that will be of interest to our readers in the technology industry: “NYC Bill Banning Pre-Employment Marijuana Drug Testing Becomes Law.”
Following is an excerpt:
As we previously reported, on April 9, 2019, the New York City Council passed Int. 1445-A, which prohibits employers from pre-employment drug testing for marijuana and tetrahydrocannabinols (“THC,” the... More
- Summer Networking Events: Workplace Harassment Can Happen Outside the Workplace With warmer weather quickly approaching, many employers are beginning to schedule happy hours, parties, softball games, and other off-site events that employees (and interns) look forward to attending. However, at offsite work events, employees might forget—or might not realize in the first place—that they are still in a workplace setting. This could result in unwelcome behavior, such as sexual harassment, which could leave an employer open to liability.
Under federal law, as well as the law of many states, cities, and... More
- New Jersey Issues Updated Family Leave Act and Family Leave Insurance Act Posters On February 19, 2019, New Jersey Governor Phil Murphy signed into law A 3975 (“the Law”), which significantly expanded the state’s the Family Leave Act (“NJFLA”), Family Leave Insurance Act (“NJFLI”), and Security and Financial Empowerment Act (“SAFE Act”). We prepared an Act Now Advisory, summarizing the extensive changes made by the Law, including, among other things, the expanding and making uniform the definition of “family member” for all three laws, and, effective June 1, 2019, extending the NJFLA to employers that... More
- Washington State’s Paid Family and Medical Leave Law to Replace State’s Unpaid Family Leave Law; Premium Collections Begin Washington State has begun implementing its new Paid Family & Medical Leave program (“PFML”). Other states, such as New Jersey, New York, and Rhode Island already have paid family and medical leave programs in place, and now Washington, Massachusetts and Washington, D.C. are set to join them over the next few years. Although the benefits portion of Washington’s program does not kick in until 2020, employers’ reporting and remitting of premiums for Quarters 1 and 2 are due between July... More
- Washington State Poised to Enact Salary History Ban, Require Pay Bands In an attempt to reduce the gender wage gap, the Washington State Legislature passed HB 1696,(“the Bill”), legislation that will prevent all private employers in Washington State from inquiring into the salary history of prospective employees or requiring that an applicant’s prior wage or salary history meet certain criteria. Additionally, the Bill mandates that, upon an applicant’s request, an employer with 15 or more employees must provide the applicant with certain details about the pay rate or salary range for... More
- Don’t Be Caught Off Guard This Summer: How to Create a Legally Compliant Internship Program Webinar – Spring/Summer 2019
Internship programs can help employers source and develop talent, but they do not come without their pitfalls. If you are an employer at a tech startup, a large financial institution, a fashion house, or something else entirely, and you plan on having interns this summer, this webinar is for you. Learn the steps for creating a legally compliant internship program.
For many years, the U.S. Department of Labor (“DOL”) used the “six-factor test” when determining whether an employee was legally considered... More
- Stuart Gerson on How a Preemptive National Breach Law Can Protect Data Privacy Our colleague Stuart Gerson recently authored an article in the Washington Legal Foundation’s Legal Backgrounder that will be of particular interest to our readers focused on privacy and cybersecurity: “Federal Preemption: An Essential Component of an Effective National Data-Security and Privacy Regime.”
Following is an excerpt:
Significant data breaches at every level of national life have pushed the privacy and security of personally-identifiable information (PII) to the forefront of state and federal policymakers’ agendas. In the interests of efficiency and effectiveness, the... More
- Earned Sick Leave Poster Is Now Available for Westchester Employers As we recently reported, New York’s Westchester County has published on its website Employer and Employee FAQs, along with a Notice of Rights to Employees, concerning the county’s Earned Sick Leave Law, which became effective on April 10, 2019. The county has now issued the required poster. Covered employers can download the poster and display it in a conspicuous location at their office or facility.
Notably, the poster only references the obligation of employers with five or more employees to provide... More
- How Will New York City’s Sexual Harassment Act Affect Contractors? A Trending News video has been posted now that the Stop Sexual Harassment in NYC Act is in effect. New York employers must provide annual anti-harassment training for their workers, and there are specific rules that apply to independent contractors. Contractors shouldn’t be harassed, and they can also create exposure if they engage in harassment. As a reminder to NYC employers: Don’t forget your contractors!
What the full video below.