Employment Law Alerts

The Families First Coronavirus Response Act Updated to Include Coronavirus Aid, Relief, and Economic Security Act Provisions

by Roberta Watson, Barry Salkin and Virginia Peabody This Law Alert serves as an update to the Law Alert sent out on March 19, 2020 concerning the paid leave and group health plan provisions of The Families First Coronavirus Response Act. Effective April 1, 2020, the Emergency Paid Sick Leave Act (the “Sick Leave Act”) and the Emergency Family and Medical Leave Expansion Act (the “FMLA Expansion ...

Planning and Implementing a Temporary Layoff in the Age of COVID-19

During these uncertain times, layoffs, both long term and temporary, are on the rise. Naturally, it is very important for employers to plan layoffs carefully, even when they must be implemented quickly. 1.  Identifying Employees. The list of employees selected for a temporary layoff should be carefully reviewed to ensure that there is no unnecessary adverse impact on employees in a protected ...

The Families First Coronavirus Response Act

by Roberta Watson, Barry Salkin and Virginia Peabody Effective no later than April 2, 2020, the Emergency Paid Sick Leave Act (the “Sick Leave Act”) and the Emergency Family and Medical Leave Expansion Act (the “FMLA Expansion Act”), two of the divisions of the Families First Coronavirus Response Act (the “Families First Act”), provide paid sick leave and paid family and medical leave to ...

Five Steps to Help Avoid Mistakes in Light of COVID-19

Allowing employees to telecommute is an excellent accommodation. While this option supports continued business productivity, be sure to properly track the time worked so that you do not expose your business to claims for unpaid wages or overtime. Be sure to centralize and communicate decisions regarding who can and who cannot telecommute. This will limit the risk of claims for discriminatory ...

The Change in the Equal Pay Landscape and its Impact on Employers

On December 6, 2019, the Second Circuit held that an employee does not have to show that she received less pay for equal work in order to prevail in an unequal pay claim. Instead, she only has to prove that the employer discriminated against her because of her gender. She does not have to prove that a member of the opposite sex held an equal but higher paying job. Essentially, employees do not ...

EEO-1 Component 2 Data Collection Reinstated, Again

In yet another turn of events in the ongoing EEO-1 Component 2 data collection saga, the EEOC’s self-declared cessation to collect the Component 2 data has been overturned by Judge Tanya Chutkan of the District of Columbia.  The Court ordered that the EEOC continue to collect pay data. As a refresher, covered employers were required to provide pay data for 2017 and 2018 broken down by job ...

DOL Finalizes Overtime Rule

The U.S. Department of Labor finalized its overtime rule which will become effective on January 1, 2020. Notably, the DOL increased the threshold for the FLSA overtime exemption from $23,660 to $35,568 per year, or $684 per week. The DOL also increased the "highly compensated worker" threshold from $100,000 to $107,432. This seemingly brought an end to a period of uncertainty which began on ...

EEO-1 Report Update - Component 2 Data Filing Deadline Quickly Approaching

Earlier this year the EEOC announced it would reinstate the collection of EEO-1 Component 2 data, thus requiring employers to submit pay data broken own by job category, sex, race, and ethnicity. The deadline for employers to submit Component 2 data for 2017 and 2018 remains September 30, 2019. The Component 2 EEO-1 Pay Data online filing system is available on the EEOC's website along with a ...

Sweeping Changes to Connecticut's Sexual Harassment Laws Will Have a National Impact

Connecticut recently made several noteworthy changes to its sexual harassment laws designed to help eliminate harassment, prevent retaliation against claimants and expand protection when claims are made. Eliminate Harassment Prior to the enactment of the new law, Connecticut employers were required to post in the workplace information regarding sexual harassment and available remedies. Under the ...

Dramatic Changes to New York's Harassment Prevention Law

It is now much easier for employees in New York to assert claims of workplace harassment. In the past, in order to bring a claim of workplace harassment in New York, employees were required to demonstrate that the alleged harassment was either severe or pervasive. Employees no longer have to satisfy that burden. In addition, New York's new statute allows a prevailing plaintiff to recover punitive ...