Whether an employer can discipline or even fire an employee for postings on a personal social media account that convey a message inconsistent with the values of the organization may depend on states. Technically, employees working in the private sector have no First Amendment free speech rights because the Bill of Rights only applies to […]

In response to the various issues arising in connection with remote workers’ compensation claims, Ohio amended the definition of “injury”. The new law goes into effect on September 23, 2022. Frantz Ward LLP:Ohio House Bill 447 Limits Workers Compensation Coverage for Remote Employees

Because inflation in California rose above 7.0%, the state’s minimum hourly wage for non-exempt employees, scheduled for 1/1/2023, has been adjusted up to $15.50/hour for all employers regardless of headcount. Previously, California had announced the minimum wage would be $15.00/hour. This may cause employers to also adjust the minimum salary level for exempt employees. Baker […]

The US Equal Employment Opportunity Commission updated its guidance on employer COVID-19 testing programs. The update reinforces that, since COVID-19 continues to evolve, mandatory testing is only acceptable if an employer can show that it is job related and consistent with business necessity. Morgan Lewis:EEOC Updates Guidance on Employer COVID-19 Testing Programs

Illinois, Louisiana, Maine and Tennessee have joined 12 other states and numerous jurisdictions in enacting the CROWN Act (Creating a Respectful and Open Workplace for Natural Hair) to prohibit discrimination on the basis of natural hairstyle. Employers should review their policies and procedures to ensure they comply with changes to their state’s civil rights laws. […]

On July 19, 2022, New York State launched a new, confidential sexual harassment hotline number: 1-800-HARASS-3 (1-800-427-2773). New York employees will be able to receive free legal counseling regarding any complaint of workplace sexual harassment. Also, it is expected that New York State Department of Labor will soon require employers to modify their sexual harassment […]

Previously, we reported that the District of Columbia would begin implementing a new non-compete law on October 1, 2022. However, on July 12, 2022, the DC Council amended the ban which, among other things, places significant limits on employee non-competes, including only permitting non-competes for certain highly compensated employees earning $150,000 or more annually and […]

Starting on October 1, 2022, a new Public Health Emergency Leave Ordinance will become operative. The ordinance requires private employers with more than 100 employees worldwide to provide paid leave to employees for “public health emergencies”. The leave ordinance will be in addition to employer-provided paid leave, such as paid sick leave. Jackson Lewis:San Francisco […]

The Internal Revenue Service announced an increase in the optional standard mileage rate for the final six months of 2022 from 58.5 cents per mile to 62.5 cents per mile.  The new rate will be effective from July 1, 2022, through December 31, 2022.  IRS:IRS Increases Mileage Rate for Remainder of 2022

The US Department of Labor has published new Family and Medical Leave Act (FMLA) Guidance. The newly issued Fact Sheet explains when eligible employees may take FMLA leave to address mental health conditions and answers other leave issues. Epstein Becker Green:U.S. DOL Releases Guidance on FMLA Leave and Mental Health