U.S. DOL Issues Proposed Rules on Classification of Independent Contractors
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The U.S. Department of Labor (“U.S. DOL”) recently released proposed rules intended to clarify when workers are classified as employees as opposed to independent contractors under the Fair Labor Standards Act (“FLSA”). The proposed rules would abandon the current regulations which expanded the use of independent contractors and return to the position that the economic […]
EEOC Releases Updated “Know Your Rights” Poster
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On October 19, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) released an updated “Know Your Rights” poster to be prominently displayed in the workplace by all employers with 15 or more employees. The new poster updates and replaces the previous “EEO is the Law” poster. The posters should be placed in a conspicuous location […]
Form I-9 Remote Review Flexibility Extended Until July 31, 2023
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The Department of Homeland Security (“DHS”) and U.S. Immigration and Customs Enforcement (“ICE”) has announced another extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification. The policy, which was originally announced on March 19, 2020, was previously set to expire on October 31, 2022. With this new extension, the policy […]
The National Labor Relations Board Issues Proposed Rule on Joint Employer Status
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On September 7, 2022, the National Labor Relations Board (“NLRB”) issued a proposed rule on the standard for determining whether an entity is a joint employer under the National Labor Relations Act (“NLRA”). Under the proposed rule, entities may be deemed joint employers if they “share or codetermine those matters governing employees’ essential terms and conditions of […]
New York City Passes Ordinance Restricting the Use of Artificial Intelligence in Employment Applicant Screening
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As you may recall, we previously reported about the Equal Employment Opportunity Commission’s guidance addressing how employers’ use of artificial intelligence (“AI”), algorithms, and software in hiring and employment practices may be at risk for violating the Americans with Disabilities Act (“ADA”). The document also provides practical tips to employers on how to comply with […]
OSHA Implements National Emphasis Program on Heat Inspections
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The Occupational Safety and Health Administration (“OSHA”) has issued a new National Emphasis Program (the “program”) on heat inspections and is launching a rulemaking process to develop a workplace heat standard. In addition, OSHA is forming a National Advisory Committee on Occupational Safety and Health Heat Injury and Illness Prevention Work Group to provide better […]
COVID-19 Vaccination Paid Leave Extended through December 31, 2023
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New York Governor Kathy Hochul has signed into law a bill that extends New York State’s COVID-19 vaccine paid leave law for an additional year, through December 31, 2023. The law requires New York employers to provide employees with “a sufficient period of time, not to exceed four hours” of paid leave per dose (including […]
Updated CDC COVID-19 Guidelines – Recommendations for Employers
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The U. S. Centers for Disease Control and Prevention (“CDC”) released updated COVID-19 guidelines on August 11, 2022. While the CDC is currently in the process of updating its “Workplaces and Businesses” webpage to align its updated guidance, at this juncture, based on the updated guidelines, employers can revise their COVID-19 guidelines to address the […]
New York State and New York City Declare Monkeypox a Public Health Emergency
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On July 29, 2022, New York State declared a state of disaster emergency in response to the ongoing monkeypox outbreak. The Executive Order enables the state to respond more swiftly to the outbreak and allows health care professionals to take additional steps that will help get more New Yorkers vaccinated. In addition, on Saturday, July […]
New York State Legislature Passes Freelance Isn’t Free Act
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The New York State Legislature recently passed the Freelance Isn’t Free Act (the “Act”). If signed into law, the Act, which mirrors New York City’s Freelance Isn’t Free Act, would provide protections to freelance workers/independent contractors. Specifically, the Act would amend the New York Labor Law to establish protections for covered freelance workers, including the […]
New York State Launches Hotline For Complaints of Workplace Sexual Harassment
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On July 19, 2022, the New York State Division of Human Rights (“NYSDHR”) established a confidential hotline at 1-800-HARASS-3 which allows individuals to report complaints of sexual harassment in the workplace and provide legal assistance to New York employees. Specifically, employees in New York State may now call 1-800-HARASS-3 (1-800-427-2773) for issues relating to workplace […]
EEOC Updates Guidance on Screening, Testing and Mandatory Vaccine Policies
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On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 FAQs, revising earlier guidance regarding permissible COVID-19 testing, workplace screening, and mandatory vaccine policies. We recommend that employers review the updated guidance in its entirety, which can be found at www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws