Alan J. Marcuis

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On August 1, 2019, Dallas joined a host of states, cities and counties across the country when it implemented the City of Dallas’s Paid Sick Leave Ordinance No. 31181. Under the Ordinance, employers were required to provide paid sick leave to all full-time and part-time employees. While legal challenges effectively stopped the enactment of other cities’ ordinances, the Dallas Sick Leave Ordinance remained unchallenged – until recently, that is. …
Continue Reading Texas Federal Court Rules Dallas’s Paid Sick Leave Ordinance Unconstitutional

Although the World Health Organization has declared the coronavirus outbreak a “public health emergency of international concern,” it has not yet declared the outbreak as a pandemic. Nevertheless, the emergence of the latest coronavirus is an opportunity for employers, as it reminds them to consider policies and procedures related to pandemic planning.
Continue Reading Coronavirus: A Reminder for Employers Without a Pandemic Plan

In the last days of 2019, New Jersey Governor Phil Murphy signed a law that bans employers from discriminating against employees based on hairstyles that are associated with race. In doing so, New Jersey joined New York and California—both of which enacted similar legislation earlier in 2019—in prohibiting hair discrimination in the workplace.
Continue Reading New Jersey Joins New York and California’s Bans on Hair Discrimination

Earlier this year, a U.S. District Court in Washington, D.C. ordered the EEOC to collect two years’ worth of EEO-1 Component 2 pay data from mid-size and large employers by a deadline of September 30, 2019.  In its most recent status report on the subject, however, the agency revealed it did not collect enough data to satisfy the judge’s response criteria, having received submissions from only 39.7% of eligible employers.
Continue Reading EEO-1 Component 2 Pay Data Update

Illinois joined a handful of other states when its prohibition on employer inquiries into applicants’ prior wage or salary information took effect this week. Under the law, no employers in Illinois can ask about the wage or salary histories of job applicants.
Continue Reading Illinois Bans Employer Inquiries on Salary History, Continues Trend

The EEOC recently published guidance under its FAQ page regarding the question of how to report nonbinary gender employees on the annual EEO-1 report.  The EEO-1 report is a yearly survey that employers must complete and submit to the agency which requires the employer to identify characteristics of its workforce such as race/ethnicity and sex.  This survey does not allow the employer or the affected employee to abstain from responding, which creates difficult decisions for the employer who must fill-in-the-blank when an employee declines to self-identify. …
Continue Reading New Guidance Issued by the EEOC as to Nonbinary Gender Employees

Earlier this year, Dallas passed an ordinance requiring all private employers to provide paid sick leave to employees. The Dallas ordinance follows similar laws passed recently in both Austin and San Antonio.
Continue Reading Dallas Employers, Get Ready for the City’s New Paid Sick Leave Ordinance