Last year, California enacted SB 1343,¹ amending California’s Fair Employment and Housing Act (FEHA) to expand employers' sexual harassment training requirements.  Previously, employers with 50 or more employees had to provide their supervisory personnel with two hours of sexual harassment prevention training every two years.

On August 30, 2019, California Governor Gavin Newsom signed Senate Bill 778, revising mandatory anti-harassment training deadlines, and resolving confusion about retraining requirements for certain employees who already received training in 2018 or 2019.

Bradford Kelley comments on a case that he says shows several ways in which USERRA is more far-reaching than other employment anti-discrimination laws even though it gets less attention.

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The U.S. Court of Appeals for the Eleventh Circuit has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases.

In a favorable ruling for employers defending against wage statement compliance claims, the California Supreme Court in Naranjo v. Spectrum Services Inc. (Naranjo) settled an age-old dispute by determining that an employer that reasonably and in good faith believed it was providing a complete and accurate wage statement has a viable defense to a claim for penalties under the California wage statement statute.

Background

On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA) that contains a new, temporary COBRA subsidy.

On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA) that contains a new, temporary COBRA subsidy. The ARPA COBRA subsidy requires employers to cover 100% of an employee’s cost of continuing group health coverage under COBRA from April 1, 2021 through September 30, 2021 for those who lost their health care coverage on account of a reduction of hours or an involuntary termination.

In the first such decision from a federal appellate court, the U.S. Court of Appeals for the Fifth Circuit has ruled the COVID-19 pandemic is not a “natural disaster” that exempts employers from providing advance notice of mass layoffs and plant closures under the WARN Act. The court also opined that the natural-disaster exception requires proof of proximate causation, not but-for causation.¹

Stephen T. Melnick discusses the Massachusetts Department of Industrial Accidents (DIA)’s revised workers’ compensation notice for employees, which Massachusetts employers will start using Sept. 16, 2024.

SHRM

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Sarah Bryan Fask shares her insight about the future of pension plans for unionized employees.

Bloomberg Law

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On Monday, January 24, 2022, the U.S. Supreme Court issued an opinion in a case of critical interest to employers offering 401(k) or other defined-contribution retirement plans.  In Hughes v. Northwestern University, Case No. 19-1401, the Court voted unanimously to vacate a decision from the U.S. Court of Appeals for the Seventh Circuit, temporarily reinstating allegations by employees of Northwestern University that the fiduciaries of Northwestern’s retirement plans had violated the duty of prudence required by ERISA.

On January 27, 2022, in New York State Teamsters Conference Pension and Retirement Fund v. C&S Wholesale Grocers, Inc., the Second Circuit joined the Third, Seventh, and Ninth Circuits in applying the doctrine of successor liability to claims for withdrawal liability under the Employee Retirement Income Security Act (ERISA). The court did not, however, find successor liability in this case because the acquiring company specifically did not acquire the facility or employees that triggered the liability.

On March 10, 2022, the Department of Labor issued guidance on the use of cryptocurrency in plans governed by ERISA.  The announcement applies to cryptocurrencies as well as digital assets, which include “tokens,” “coins,” “crypto assets” and any derivates thereof.

On Friday, July 8, 2022, the U.S. Court of Appeals for the D.C. Circuit issued its decision in United Mine Workers of America 1974 Pension Plan v. Energy West Mining Company, joining the Sixth Circuit in holding that the assumptions used by a multiemployer defined benefit pension plan in calculating the amount of withdrawal liability owed by an exiting employer must reflect the actual and projected experience of the plan.

A recent federal appeals court case clarifies that, under ERISA, the regulations governing disability plans’ claims review procedures apply to claims that predate the 2018 changes to the regulations. The decision also serves as a reminder for plan administrators to review their claims review procedures to ensure compliance with the current requirements for a “full and fair review” benefits appeal process.

The Claims Review Regulations

On February 9, 2024, the U.S. Court of Appeals for the D.C. Circuit issued its decision in Trustees of IAM Nat'l Pension Fund v. M & K Emp. Sols., LLC, No. 22-7157 (D.C. Cir. Feb. 9, 2024), affirming the district court’s decision to vacate an arbitration award for the employer in a pension fund withdrawal liability case.  The D.C.

Golf is one of the most significant informal business networks and approximately half of all women feel like their exclusion from these gateways is among the key challenges to reaching the highest echelons of corporate leadership. As a prelude to the 2022 edition of the “Masters Season,” Littler Principal Cindy-Ann Thomas explores how enduring barriers in recreational golf impact meaningful access and equity gains for women in corporate America.

Employers are under the microscope from internal and external stakeholders to weigh in on myriad social issues and current events. To publish, or not to publish in each instance? That is the question. In this brief “podcast-ette,” Alyesha Asghar Dotson highlights the self-assessment that an employer ought to engage in before pressing that publish or print button.
 

In celebration of Disability Pride Month, Jennifer Duke, Littler Learning Group Director and attorney, talks with Anna Curry Gualano, Littler Principal and co-chair of the firm’s Individuals with Disabilities affinity group, about the importance of disability inclusion and its impact in the workplace for both employers and employees.
  

Trent Sutton and Thelma Akpan explore key reasons why employers in the APAC region should begin to think about pay equity and wage transparency or prepare to implement their own wage transparency initiatives.
 

The Massachusetts Department of Industrial Accidents (DIA) has published a revised workers’ compensation Notice to Employees, which Massachusetts employers should use starting September 16, 2024.

Back in June, we highlighted that, from October 26, 2024, all employers in the UK will have a mandatory duty to take “reasonable steps” to prevent sexual harassment of their employees in the course of their employment.

New York Governor Kathy Hochul signed a bill on September 4, 2024 that requires retail employers to develop and implement workplace violence prevention training and policies, among other measures.  The law becomes effective 180 days after her signature, or March 3, 2025.

In June 2023, the Georgia Court of Appeals held in North American Senior Benefits, LLC v. Wimmer that an employee non-solicitation covenant must contain an express geographic limitation to be enforceable.

This article was originally posted in International Employment Lawyer.

The Chicago Department of Business Affairs and Consumer Protection (BACP) Office of Labor Standards (COLS) recently posted updates to its website regarding minimum wage obligations, paid leave and paid sick and safe leave, new fair work week thresholds, and updated required labor notices. The compliance deadline for these obligations is July 1, 2024.

Effective June 19, 2024, New York employers will be required to provide up to 30 minutes of paid lactation breaks to employees each time an employee has a reasonable need to express breast milk at work. This change to New York Labor Law Section 206-c is set forth in Bill No. A08806C, part of the New York State budget bill, which Governor Kathy Hochul signed into law on April 19, 2024. Specifically, amended Section 206-c provides:

Ole Kristian Olsby and Nina Elisabeth Thjømøe explain the regulations around gender equality and discrimination in the workplace.

International Law Office (ILO)

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As more and more employers take steps to improve Diversity, Equity, and Inclusion in the workplace, there’s an increasing demand to know if those measures are successful. In this podcast, Alyesha Dotson, Littler Shareholder, discusses ways in which employers can track progress in their DE&I efforts without tripping over legal hazards, and gauge individual and organizational change.
  

Erin Webber shares her experience of being a woman in the legal profession and how her firm, Littler, is a leader in gender diversity.

Law360 Pulse

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Jennifer Youpa and Nina Markey discuss the importance of advancing gender equity in the workplace, how access and representation are critical to creating opportunities for women, and how women can help each other achieve their professional goals.
  

An effective way to increase diversity hiring is to require diverse candidate slates for interviewing. Such slates include at least two diverse or women candidates in the pool of finalists. Employers should take heed, however, because there are limits to which a recruiter or a staffing agency can go in building such a slate. Alyesha Dotson discusses the avenues to intentionally recruit for diversity in a fair and smart manner to avoid violating antidiscrimination laws.
  

Barry Hartstein explains his view of the EEOC’s vaccination incentives.

HR Dive

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