Legislative (Federal and State) Developments

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The Consolidated Appropriations Act of 2021 (the CAA) requires group health plans and health insurance carriers to attest on an annual basis that they are in compliance with the CAA’s gag clause prohibition. While the prohibition of gag clauses was effective December 27, 2020, the first annual attestation is due December 31, 2023. Group health plan sponsors should begin taking steps now to prepare.
Continue Reading First Gag Clause Attestations Due December 31, 2023 – What Group Health Plan Sponsors Need to Know

As pay equity has drawn more attention in recent years, employers need to stay abreast of the patchwork of federal, state, and local laws related to pay equity issues. Importantly, employers should understand the varying standards for protected characteristics, appropriate comparators, and accepted defenses under the varying laws of different jurisdictions. At a high level, this post summarizes the federal and state legal frameworks for pay equity claims and highlights the important differences in analyzing such claims.
Continue Reading Pay Equity – A Patchwork Legal Landscape

As pay equity and transparency continues to trend in the news, states and localities have passed pay disclosure and transparency laws to further assist employees in evaluating whether they are being paid fairly. These laws vary in scope – some require the disclosure of pay ranges on job postings, others require employers to provide the pay scale for a position upon an applicant or employee’s request, and others require employers to automatically provide pay scale information at the time of hire. Despite their differences, all of these pay disclosure laws are aimed at adding transparency to conversations about pay. …
Continue Reading Pay Disclosure and Transparency Efforts Across the Country

Pay equity and transparency have become hot topics across the country as states and the federal government seek to ensure pay equity for employees, regardless of protected class. Federal anti-discrimination laws like the Equal Pay Act and Title VII provide legal recourse for employees who have experienced pay discrimination. As many employers know, federal law prohibits employers from demanding pay confidentiality from employees. Pay transparency laws go a step further and require employers to publish ranges for open positions, adding transparency to the conversations about pay. A new tool in lawmaker’s pay equity toolbox is pay reporting – requiring employers to submit pay data to state agencies. …
Continue Reading States Push Pay Reporting Requirements in Effort to Ensure Pay Equity

On December 21, 2022, New York Governor Kathy Hochul signed New York State’s pay transparency bill into law. Effective September 17, 2023, the new law will require employers to disclose the anticipated compensation range for any advertised job posting. …
Continue Reading New York State Enacts Wage Transparency Law

As part of the bill funding the federal government, President Biden signed into law the Pregnancy Workers Fairness Act (PWFA) and the PUMP for Nursing Mothers Act (PUMP Act). These relatively unknown laws are important pieces of legislation carrying with them significant changes to the workplace for pregnant employees.
Continue Reading Under the Radar Laws Expand Protections for Pregnant Employees in the Workplace

On December 7, 2022, New York City Council Member Tiffany Cabán along with three other co-sponsors introduced a proposed bill that would prohibit all employers from terminating employees without (1) “just cause” or (2) a bona fide economic reason.  The bill would amend current law which protects “fast food” employees from being terminated without just cause.
Continue Reading New York City Bill Could Fundamentally Change Employer-Employee Relationship for NYC Employers

Voters in the District of Columbia, Nebraska, and Nevada overwhelmingly approved minimum wage-related ballot initiatives during this year’s midterm elections. The political movement to establish a $15.00 minimum wage started in 2012 when 200 New York City fast food workers walked off the job demanding better pay and union rights. Despite inaction by the federal government in the subsequent decade, there continues to be bipartisan support for minimum wage increases, particularly at the state level, as illustrated by the success of these three ballot measures. …
Continue Reading D.C., Nebraska, and Nevada Voters Approve Minimum Wage Increases

It is no secret that legislators and regulatory agencies have taken note of companies’ increasing reliance on artificial intelligence (“AI”).  In the employment context, vendors market AI as an efficiency tool that can streamline HR processes and guard against human bias and discrimination.  But as we have previously blogged, undisciplined use of AI may accelerate or introduce discrimination into the workplace.
Continue Reading A Bill of Rights for the Information Age: White House Outlines Principles for Artificial Intelligence Design & Use

We previously posted about Washington, D.C.’s new law governing non-competes, which became effective on October 1, 2022. D.C. employers, however, should be aware of a provision buried in the law that has nothing to do with non-competes and requires action by the end of this month. …
Continue Reading What Most Employers in Washington D.C. Need to Do Before October 31