Legislative (Federal and State) Developments

On February 15, 2024, California lawmakers introduced the bill AB 2930. AB 2930 seeks to regulate use of artificial intelligence (“AI”) in various industries to combat “algorithmic discrimination.” The proposed bill defines “algorithmic discrimination” as a “condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people” based on various protected characteristics including actual or perceived race, color, ethnicity, sex, national origin, disability, and veteran status.
Continue Reading California Seeks to Regulate Employer Use of AI

A few months ago, we wrote about the National Labor Relations Board (“NLRB” or “Board”) publishing its widely anticipated final joint-employer rule (the “Final Rule”). The Final Rule overrules the NLRB’s 2020 joint-employer rule and broadly expands the definition of joint-employer under the National Labor Relations Act (“NLRA” or “Act”). See Standard for Determining Joint Employer Status, 88 Fed. Reg. 73946 (October 27, 2023) (to be codified at 29 C.F.R. pt. 103).
Continue Reading NLRB’s Final Joint Employer Rule Takes Effect This Month

Washington, D.C. is the latest in a growing list of jurisdictions to require employers to have “pay transparency” in job postings. Starting in June of 2024, Washington, D.C. will require all employers with at least one employee in the District to post the minimum and maximum projected salary in all job listings or advertisements. The salary projections must be the lowest and highest salary or hourly pay the employer “in good faith believes” it would pay for the role.
Continue Reading D.C. to Require Pay Transparency, Prohibit Inquiry into Wage History

Starting January 1, 2024, eligible California employees are entitled to protected leave following a reproductive loss. This law, California Senate Bill 848, codified at California Government Code section 12945.6, builds on California’s 2023 bereavement leave law, which provided five days of unpaid bereavement leave to eligible employees following the death of a covered family member.
Continue Reading California Mandates New Leave for Reproductive Loss

If you are a New Jersey employer with remote employees in New York, Alabama, Delaware, or Nebraska, you should review New Jersey’s newly introduced Convenience of the Employer Rule to ensure you are properly withholding state income and payroll taxes for those remote employees.
Continue Reading End of Year Consideration: Withholding Requirements Under New Jersey’s New Convenience of the Employer Rule

In the wake of the #MeToo movement, New York, like other states, enacted legislation aimed at limiting employers’ use of non-disclosure provisions in settlement agreements to resolve claims of workplace discrimination. Recently, Governor Kathy Hochul signed legislation that amends those existing laws to further strengthen the restrictions on non-disclosure provisions in settlement agreements for discrimination, harassment, and retaliation claims. The legislation also extends the statute of limitations for filing such claims with the state enforcement agency.
Continue Reading New York Enacts (More) New Restrictions on Settlement Agreements, Extends Statute of Limitations for Employment Claims

On September 30, 2023, California Governor Gavin Newsom signed Senate Bill 553 creating new workplace violence prevention standards in California. The law consists of the first general industry workplace violence prevention requirement in the United States.
Continue Reading Employees’ Rights to Workplace Violence TRO’s Expanded in California

California employers must revamp their sick leave policies ahead of the New Year. On October 4, 2023, Governor Newsom signed SB 616 into law, thereby amending the Healthy Workplaces, Healthy Families Act of 2014. The new law goes into effect January 1, 2024.
Continue Reading Significant Paid Sick Leave Increases for California Employers

On June 14, 2023, Texas Governor Greg Abbott signed HB 2127, the Texas Regulatory Consistency Act (“TRCA”), into law. Once the TRCA goes into effect on September 1, 2023, it will preclude all municipalities and counties in Texas from adopting or enforcing ordinances regulating conduct with respect to certain subject matters, including labor.
Continue Reading Texas Legislation Provides Employers Regulatory Uniformity

California employers: take notice. On July 24, 2023, the Office of Administrative Law approved changes to the Fair Employment and Housing Act (FEHA) regulations governing how California employers can use and consider criminal history in employment decisions. These new changes, modifying Cal. Code Regs. Tit. 2, § 11017.1, go into effect on October 1, 2023.
Continue Reading California Employers: Updated Regulations for Use of Criminal History in Hiring Decisions Go into Effect October 1, 2023