Businesses subject to the CCPA and that have California employees or deal with other California companies will need to engage in substantial efforts to update their privacy programs. We outline some of the necessary steps on Husch Blackwell’s Byte Back blog: https://www.bytebacklaw.com/2022/09/california-legislature-fails-to-extend-ccpa-employee-and-b2b-data-exemptions/#more-4025
Key Point
In a recent decision, the United States Court of Appeals for the Seventh Circuit clarified that an employer can violate the Family and Medical Leave Act (“FMLA”) by discouraging an employee from taking FMLA leave, even without actually denying an FMLA leave request.
On July 19, 2022, in the decision, Mothering Justice et al., v. Dana Nessel et al. (Nessel), the Michigan Court of Claims (Court) held that in 2018 the Michigan Legislature unconstitutionally amended two voter-initiatives, the Earned Sick Time Act, PA 338, and the Improved Workforce Opportunity Wage Act (IWOWA), PA 337, by amending the proposals in the same legislative session that the Legislature enacted the two initiatives. The Legislature’s tactic of adopting and amending the voter initiatives subverted the constitutional protections against “legislative interference with the People’s constitutional right of initiative.” The Court’s holding nullified the amendments to the initiatives, 2018 Public Act (PA) 368 (IWOWA) and 2018 PA 369 (renamed as the Paid Medical Leave Act), and reinstated the original, more expansive terms of PA 338 and PA 337.
Workplace violence has become a hot topic in today’s discourse; however, workplace violence is not just headline fodder for media outlets. The trend is well-documented and especially felt by the healthcare industry which continues to experience the brunt after the onslaught of COVID-19. In 2018, 73% of all nonfatal workplace violence incidents involved healthcare workers. A late 2020 survey reported that 20% of nurses reported they were facing an increase in workplace violence after the COVID-19 pandemic began. Another study reported a 14.6% increase in workplace violence at New Jersey hospitals over the prior three years.
In light of the wave of substantial changes to Colorado’s employment laws, a recent less significant change may have escaped the attention of your human resources team. Recently passed Senate Bill 22-234 reshapes how unemployment benefits are administered and funded in Colorado. One of the new law’s provisions requires employers to provide employees with additional information for unemployment benefits upon separation, including identifying the reason for separation.
In a world radically changed by the COVID-19 pandemic, the way we communicate in the workplace has been permanently altered with the integration of online communication platforms. Effective communication is essential to human functioning, including within the context of organizations and business entities. But the common workplace communication method changed swiftly when communication technologies replaced in-person communication that once typified office settings. While the integration of online communication platforms was a major contributor to the survival of many businesses, is it possible that these same communication platforms have the potential to exacerbate underlying differences among a diverse and remote workforce leading to increased employment litigation?
On June 10, 2022, Illinois amended its Child Bereavement Leave Act (“CBLA”) to include unpaid leave for employees following an “unexpected lack of parenthood,” and deaths of other family members, including stepchildren, spouses, domestic partners, siblings, parents or stepparents, parents-in-law, grandchildren, or grandparents. The new legislation is known as the Family Bereavement Leave Act (“FBLA”).
For some, the gym is a sanctuary – an oasis. For others, the gym can be a nightmare, and an emotionally draining experience. Sexual harassment in fitness facilities is a rapidly growing problem, and one that can leave a lot of gym members feeling uncomfortable and frightened. How do we combat this? Do we encourage people to switch gyms? Do we tell people to just “ignore” the harassment? What obligations do gym-owners have to address such conduct?
On May 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) released a new technical assistance document to address concerns over the use of algorithmic software and AI in the hiring process. In this document, the EEOC warned employers who are using this type of software that they may be violating the American with Disabilities Act (“ADA”) and provided some examples best practices. The following summary will help you navigate this new and exciting field of employment software.