GAO Says OSHA Should Sharpen Its Focus on Ergonomic Hazards in Warehouses and Delivery Companies

  • Post category:Ogletree Deakins
  • Reading time:6 mins read

Quick Hits A recent GAO report includes several recommendations for how OSHA should evaluate its national emphasis program on warehousing and distribution centers to “more fully protect workers” from ergonomic hazards. The GAO found that three major hazards—falls, slips, and trips; objects and equipment; and overexertion/bodily reaction—were the leading causes…

California Governor Signs Legislation Expanding Infertility and IVF Coverage

  • Post category:Ogletree Deakins
  • Reading time:6 mins read

Quick Hits Under SB 729, effective July 1, 2025, certain health insurance policies in California will be required to cover the diagnosis and treatment of infertility. Insured health plans with at least 101 participants will be required to provide coverage for the diagnosis and treatment of infertility; insured plans with…

3 States to Consider Paid Sick Leave Initiatives on the November 2024 Ballot

  • Post category:Ogletree Deakins
  • Reading time:7 mins read

Quick Hits Voters in three states—Alaska, Missouri, and Nebraska—will have a chance to vote on establishing paid sick leave in their states. The states could join the eighteen states and Washington, D.C., that already have paid sick leave laws. Election day is Tuesday, November 5, 2024. Each state has proposed…

Settlement Requiring Near-Contemporaneous Adjudication of Properly Bundled Forms I-539 and I-765 to Sunset in January 2025

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  • Reading time:5 mins read

Quick Hits A group of H-4 and L-2 visa holders filed a lawsuit against the secretary of homeland security in April 2021, alleging that USCIS unlawfully delayed adjudicating their I-539 and I-765 applications, resulting in loss of employment. A settlement was reached in January 2023 in which USCIS agreed to…

Federal Contractors: Your 2021 EEO-1s Might Be Disclosed by OFCCP if You Don’t Object!

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  • Reading time:5 mins read

Quick Hits New FOIA request noticed: A new FOIA request has been filed with OFCCP, seeking the release of federal contractors’ 2021 Type 2 Consolidated EEO-1 Reports in OFCCP’s possession. Deadline for objections: Contractors have forty days from the date of publication of OFCCP’s notice to object to the disclosure…

Construction Chronicles: The Not-So-New and OMB-Approved Monthly Construction Utilization Report

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  • Reading time:7 mins read

Quick Hits OFCCP recently released a new construction scheduling letter and itemized listing, corresponding frequently asked questions (FAQs), and a renewed and revised Form CC-314, for covered construction contractors to notify OFCCP of new federal or federally assisted contracts or subcontracts in excess of $10,000, also known as the Notification…

U.S. Virgin Islands Enacts Fair Chance for Employment Act

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  • Reading time:6 mins read

Quick Hits Employers may not inquire about an applicant’s conviction history before the applicant is determined to be otherwise qualified for a position, except when required by local and federal law. Employers are barred from asking, seeking from any source, or using as a factor in determining any condition of…

5 Key Multistate Considerations When Handling Reductions in Force

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  • Reading time:6 mins read

Quick Hits Documenting both the business reasons for a RIF and the objective criteria used to select employees for termination is crucial to mitigating the risk of discrimination claims and other legal challenges. Employers may want to note the various federal and state legal requirements, such as the WARN Act…

Female Employee Not Entitled to ‘All the Way to the Top’ Pay Gap Adjustment, German Regional Labor Court Rules

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  • Reading time:5 mins read

Quick Hits A female employee was not entitled to an “all the way to the top” compensation adjustment in a gender discrimination case, where the comparator was the highest-paid colleague worldwide, a German Regional Labor Court ruled. However, the female employee was awarded higher remuneration in accordance with the discrepancy…

Mastering Voting Leave Laws: Is Your Company Ready for Election Day? 

  • Post category:Ogletree Deakins
  • Reading time:5 mins read

Quick Hits As Election Day—Tuesday, November 5, 2024—draws near, employers are considering their leave obligations. Various state, local, and municipal election-related laws have implications for multistate employers’ compliance plans. Notice posting and political speech laws also have implications for employers’ compliance plans. Leave Obligations There are three key issues employers…

Human Resources’ Role in Data Privacy and Cybersecurity, Part III: Five Tips for Responding to Confidentiality Incidents

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  • Reading time:5 mins read

Quick Hits Key steps for managing a data breach incident include understanding what constitutes an incident, applying the organization’s framework and policies, and effectively communicating with the organization’s privacy officer and employees. Additional measures include promptly and proactively managing data breaches and reviewing and updating policies. The effectiveness of HR’s…

November 2024 Visa Bulletin Shows No Advancement for Most Employment-Based Immigrant Visa Categories

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  • Reading time:4 mins read

Quick Hits The November 2024 Visa Bulletin shows no change from last month’s bulletin for employment-based categories for both final action dates and dates for filing, except for fourth preference for Certain Religious Workers. USCIS will honor dates for filing for I-485 Adjustment of Status applications filed in November 2024.…

Maryland Releases FAQs in Relation to Wage Range Transparency Act

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  • Reading time:5 mins read

Quick Hits The Maryland Department of Labor released FAQs regarding the state’s Wage Range Transparency Act, which took effect on October 1, 2024. The law applies to remote jobs for companies headquartered elsewhere if the employer seeks workers based in Maryland. Employers that do not handle their own job postings…

San Diego County Adopts Fair Chance Ordinance for Unincorporated Areas: What Employers Need to Know

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  • Reading time:5 mins read

Quick Hits Effective October 10, 2024, private employers must comply with the county’s Fair Chance Ordinance, which restricts the timing and use of criminal history in employment decisions. The ordinance applies to positions that involve performing at least two hours of work on average each week within the unincorporated areas…

New York State Cybersecurity Regulations Take Effect on November 1, 2024

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  • Reading time:4 mins read

Quick Hits Certain requirements of the amended NYDFS cybersecurity regulations will take effect on November 1, 2024. Covered entities may need to update their policies and procedures, including with respect to corporate governance, encryption, incident response and business continuity plans, system testing, and employee training. On March 1, 2017, the…

Construction Chronicles: OFCCP’s Updated Scheduling Letter Brings New Compliance Challenges

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  • Reading time:8 mins read

Construction contractors undergoing compliance reviews after October 1, 2024, will be required to comply with expanded initial data and document requests contained in the revised letter. Contractors on a recent Corporate Scheduling Announcement List (CSAL)—a courtesy notification from OFCCP listing contractors selected for compliance evaluation—that have not yet been scheduled…

Travelling to the UK Using an Electronic Travel Authorisation (ETA)

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  • Reading time:3 mins read

Quick Hits The UK’s electronic travel authorisation (ETA) will soon apply to all nationals who do not currently require a visa to travel to the UK and who do not hold any other UK immigration status. From 27 November 2024, the scheme will initially be applicable to a number of…

Human Resources’ Role in Data Privacy and Cybersecurity, Part II: Assessing Five Key Areas of Risk

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  • Reading time:5 mins read

Quick Hits Five critical areas HR may want to assess for potential risks related to data breaches include inadequate privacy frameworks, training for employees regarding their data privacy duties, data flowing out of the organization, internal data transfers, and key employee life cycle moments. Even organizations with established policies may…

Employers in England, Scotland, and Wales Have New Obligation to Prevent Sexual Harassment

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  • Reading time:5 mins read

Quick Hits The Equality and Human Rights Commission (EHRC) published technical guidance for employers on 26 September 2024, after a short consultation on a draft version earlier this year. Alongside the full guidance, the EHRC produced the Employer 8-step guide: Preventing sexual harassment at work. Under the act, employers will…

Human Resources’ Role in Data Privacy and Cybersecurity, Part I: The Basics

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  • Reading time:7 mins read

AccessDefinition: The ability and means to communicate with or otherwise interact with a system, to use system resources to handle information, to gain knowledge of the information the system contains, or to control system components and functions.Air GapDefinition: To physically separate or isolate a system from other systems or networks…

California Governor Signs Freelance Worker Protection Act

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  • Reading time:5 mins read

Quick Hits Contracts for freelance work of $250 or more must be in writing and contain certain specific information regarding services to be provided and dates for contract completion, among other things. Payment for freelance work must be made on time or within thirty days after the completion of the…

OSH Law Primer, Part X: Voluntary Safety and Health Self-Audits

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  • Reading time:7 mins read

The first article in this series provided a general overview of the OSH Act and OSHA; the second article examined OSHA’s rulemaking process; the third article reviewed an employer’s duty to comply with standards; the fourth article discussed the general duty clause; the fifth article addressed OSHA’s recordkeeping requirements; the…

California Governor Vetoes AI Safety Bill With Whistleblower Protections for Employees Who Report Dangers of the Technology

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  • Reading time:7 mins read

Quick Hits The bill would have required developers of large AI models made available to the public to take specific steps to ensure that they did not cause critical harm. It would have imposed employment protections for developers’ employees who blew the whistle about potential dangers. The legislation was one…

New California Law Directs Cal/OSHA Standards Board to Adopt Standards for Hospital Weapons Detection Screening by 2027

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  • Reading time:4 mins read

Quick Hits Governor Newsom recently signed into law legislation directing the California Occupational Safety and Health Standards Board, by March 1, 2027, to amend existing standards to require hospitals to implement weapons detection screening policies. The standards will also require hospitals to implement policies addressing personnel education and training, alternative…

FTC to Appeal Florida Court’s Preliminary Injunction of Noncompete Ban Following Texas Court’s Block

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  • Reading time:4 mins read

Quick Hits The FTC is appealing a Florida federal court’s preliminary injunction blocking its noncompete ban. The appeal comes after a Texas federal court, in a separate case, blocked the FTC’s rule on a nationwide basis, while a Pennsylvania federal court has backed the rule. The FTC’s final rule, published…

With New Record and Transcribe Tools, Should Employers Be Concerned?

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  • Reading time:8 mins read

Quick Hits Employers have legitimate and substantial business interests in restricting employee use of recording devices in the workplace to protect privacy and trade secrets. Employers may want to consider policies that prohibit or restrict making recordings in the workplace. Such policies may need to account for potential issues under…

Michigan’s Supreme Court Clarifies Its Mothering Justice Opinion and Sets State’s Minimum Wage Increases and Tip Credit Phaseout

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  • Reading time:4 mins read

Quick Hits The Michigan Supreme Court issued an order mandating specific wage increases and gradually eliminating the tip credit by 2030. The new wage and tip credit adjustments take effect on February 21, 2025. The Michigan Legislature has introduced a bill that, if enacted, will scale back the scheduled wage…

New Portability Right Applies to Employers with Employees in Québec

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  • Reading time:7 mins read

Quick Hits Effective September 22, 2024, Law 25 provides employees and consumers in Québec in both the public and private sectors with the right to data portability. The purpose of this new right is to allow individuals to access their data and transfer it to another legally authorized organization of…

California Legislature Sends ‘Driver’s License Discrimination’ Bill to Governor

  • Post category:Ogletree Deakins
  • Reading time:3 mins read

Quick Hits If Governor Newsom signs SB 1100, FEHA will prohibit employers from requiring job applicants to have a driver’s license, with limited exceptions. California already makes it a violation for an employer or other entity to discriminate against individuals with driver’s licenses issued to undocumented workers. SB 1100 would…

UK Retail Workers Win Landmark Equal Pay Case

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  • Reading time:5 mins read

Quick Hits In 2018, in-store sales consultants, who are predominantly female, argued that their work was of equal value to Next’s predominantly male warehouse-based workers. Next argued that the difference in pay rates was in response to market forces driven by the wider labour market. The Employment Tribunal ruled that…

Three Key Considerations in Crafting Effective Multistate Separation Agreements

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  • Reading time:5 mins read

Quick Hits Crafting effective multistate separation agreements can be challenging for employers amid an increasing number of state-specific requirements and restrictions. Employers may want to consider updating their template release agreements, confirming their agreements state sufficient and proper consideration for employees to release claims, and whether their separation agreements properly…

Maine Paid Family and Medical Leave Start Date for Payroll Withholdings and Quarterly Wage Reports Is January 1, 2025

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  • Reading time:5 mins read

Quick Hits January 1, 2025, is the start date for payroll withholdings and submission of quarterly wage reports under the Maine Paid Family and Medical Leave Program. Employers may not apply for private plan substitutions until after April 1, 2025, and will be responsible for payroll contributions until their plans…