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Articles by Kyle Platt
It Is Possible to Be a Digital Nomad and an Entrepreneur—Here's How
By Kyle Platt There is a new breed of worker emerging today: the digital nomad. This is someone who works online and can do their job from anywhere in the world. They are able to take advantage of technology to stay connected with their team and clients, no matter where they are. Thanks to advances in communication and collaboration tools, there has never been a better time than now to be a digital nomad. But what if you also want to start your own business?
Federal Agencies Issue Joint Statement on Artificial Intelligence in the Workplace | JD Supra
The United States Equal Employment Opportunity Commission (EEOC) and three other federal agencies issued a joint statement vowing to use existing laws to protect employees and the general public from discrimination and bias arising from the use of artificial intelligence (AI). The agencies joining the EEOC in the April 25, 2023, statement include the Consumer Financial Protection Bureau (CFPB), the Department of Justice’s Civil Rights Division (Division), and the Federal Trade Commission (FTC).
Federal Agencies Issue Joint Statement on Artificial Intelligence in the Workplace
The United States Equal Employment Opportunity Commission (EEOC) and three other federal agencies issued a joint statement vowing to use existing laws to protect employees and the general public from discrimination and bias arising from the use of artificial intelligence (AI). The agencies joining the EEOC in the April 25, 2023, statement include the Consumer Financial Protection Bureau (CFPB), the Department of Justice’s Civil Rights Division (Division), and the Federal Trade Commission (FTC).
Federal Agencies Issue Joint Statement on Artificial Intelligence in the Workplace
The United States Equal Employment Opportunity Commission (EEOC) and three other federal agencies issued a joint statement vowing to use existing laws to protect employees and the general public from discrimination and bias arising from the use of artificial intelligence (AI). The agencies joining the EEOC in the April 25, 2023, statement include the Consumer Financial Protection Bureau (CFPB), the Department of Justice’s Civil Rights Division (Division), and the Federal Trade Commission (FTC).
NLRB General Counsel Issues Guidance Regarding Restrictions on Severance Agreements | JD Supra
Last month, the National Labor Relations Board (NLRB) ruled that an employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA or Act) when the employer offers employee severance agreements with provisions restricting employees’ Section 7 rights under the Act, such as with overly broad confidentiality and non-disparagement provisions. McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023) (read about the decision here).
NLRB General Counsel Issues Guidance Regarding Restrictions on Severance Agreements
Last month, the National Labor Relations Board (NLRB) ruled that an employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA or Act) when the employer offers employee severance agreements with provisions restricting employees’ Section 7 rights under the Act, such as with overly broad confidentiality and non-disparagement provisions. McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023) (read about the decision here).
Southern District of New York Finds Employment Arbitration Agreement Unenforceable | JD Supra
On February 24, 2023 the United States District Court for the Southern District of New York held that a former employee’s arbitration agreement with his former employer was unenforceable under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) because the former employee’s amended lawsuit included plausible sexual harassment claims.
Southern District of New York Finds Employment Arbitration Agreement Unenforceable
On February 24, 2023 the United States District Court for the Southern District of New York held that a former employee’s arbitration agreement with his former employer was unenforceable under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) because the former employee’s amended lawsuit included plausible sexual harassment claims.
Southern District of New York Finds Employment Arbitration Agreement Unenforceable
On February 24, 2023 the United States District Court for the Southern District of New York held that a former employee’s arbitration agreement with his former employer was unenforceable under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) because the former employee’s amended lawsuit included plausible sexual harassment claims.
Impact of May 11, 2023 End of COVID-19 Emergency Declarations | JD Supra
On January 30, 2023, the Biden Administration said that it will end COVID-19 emergency declarations on May 11, 2023. The federal government has been paying for COVID-19 vaccines, some tests, and certain treatments under the public health emergency declaration. Many of those costs now will be transferred to private insurance and government health plans. For example, people with private insurance or Medicare coverage have been eligible for eight free over-the-counter COVID-19 tests per month.
Impact of May 11, 2023 End of COVID-19 Emergency Declarations
On January 30, 2023, the Biden Administration said that it will end COVID-19 emergency declarations on May 11, 2023. The federal government has been paying for COVID-19 vaccines, some tests, and certain treatments under the public health emergency declaration. Many of those costs now will be transferred to private insurance and government health plans. For example, people with private insurance or Medicare coverage have been eligible for eight free over-the-counter COVID-19 tests per month.
NLRB Adds Consequential Damages to Standard Remedy for Unfair Labor Practices | JD Supra
Employers that violate the National Labor Relations Act (NLRA) will have to pay workers additional damages under a recently issued precedential decision from the National Labor Relations Board (NLRB or Board). In Thryv, Inc., the NLRB ruled 3-2 that the Board’s standard remedy for make-whole relief should include consequential damages.
NLRB Adds Consequential Damages to Standard Remedy for Unfair Labor Practices
Employers that violate the National Labor Relations Act (NLRA) will have to pay workers additional damages under a recently issued precedential decision from the National Labor Relations Board (NLRB or Board). In Thryv, Inc., the NLRB ruled 3-2 that the Board’s standard remedy for make-whole relief should include consequential damages.
U.S. Department of Labor Issues Proposed Rule on Independent Contractor Status | JD Supra
On October, 11, 2022, the U.S. Department of Labor (DOL) released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor. The proposal would significantly broaden the classification of workers as employees under the FLSA.
U.S. Department of Labor Issues Proposed Rule on Independent Contractor Status
On October, 11, 2022, the U.S. Department of Labor (DOL) released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor. The proposal would significantly broaden the classification of workers as employees under the FLSA.
New Jersey Cannabis Regulatory Commission Issues Interim Guidance on Workplace Impairment and Reasonable Suspicion Determinations | JD Supra
On September 9, 2022, the New Jersey Cannabis Regulatory Commission (Commission) released interim Guidance (Guidance) on the workplace drug testing provisions of the state’s recreational marijuana law, known as the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (Act).
FTC and NLRB Announce New Coordination Efforts | JD Supra
The Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) recently announced a Memorandum of Understanding (MOU) resolving to enhance the enforcement of federal laws and regulations administered by these agencies, and to promote interagency collaboration through information sharing, cross-agency training, and coordinated outreach.
FTC and NLRB Announce New Coordination Efforts
The Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) recently announced a Memorandum of Understanding (MOU) resolving to enhance the enforcement of federal laws and regulations administered by these agencies, and to promote interagency collaboration through information sharing, cross-agency training, and coordinated outreach.
New York Minute – April Edition | JD Supra
Welcome back to Ballard Spahr’s New York Minute. Below are some of the latest developments impacting employers in the fast-paced and ever-evolving New York market. Please contact us with questions regarding the topics below or for any other guidance related employment laws covering New York employers.
New York Minute - April Edition
Welcome back to Ballard Spahr’s New York Minute. Below are some of the latest developments impacting employers in the fast-paced and ever-evolving New York market. Please contact us with questions regarding the topics below or for any other guidance related employment laws covering New York employers.
Philadelphia Reinstates Indoor Mask Mandate
On April 11, 2022, citing the rising numbers of COVID-19 cases, the Philadelphia Department of Public Health announced that it has moved into the “Mask Precautions” pandemic response level and will reinstate the City’s indoor mask mandate for most indoor spaces. Masks will be required beginning Monday, April 18, after a one-week education period. While masks will be required in indoor public places, there is no vaccine requirement for places that serve food or drink.
NLRB General Counsel Opines that ‘Captive Audience’ and Other Mandatory Meetings Violate Federal Labor Law | JD Supra
On April 7, 2022, in a move that could dramatically alter long-established employer tactics in union organizing campaigns, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum announcing that she will ask the Board to find what are commonly known as “captive audience” meetings to constitute an unfair labor practice (ULP) under the National Labor Relations Act (NLRA).
NLRB General Counsel Opines that ‘Captive Audience’ and Other Mandatory Meetings Violate Federal Labor Law
On April 7, 2022, in a move that could dramatically alter long-established employer tactics in union organizing campaigns, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum announcing that she will ask the Board to find what are commonly known as “captive audience” meetings to constitute an unfair labor practice (ULP) under the National Labor Relations Act (NLRA).
New York Minute: Latest Developments for Employers
A quick update on key legal developments for employers with employees in New York. Whistleblower Protections. Expanded whistleblower protections under New York Labor Law Section 740 are now in place. Effective January 26, 2022, the amendments to Section 740 expand private-sector whistleblower protections beyond reports of public health and safety concerns and health care fraud.
Philadelphia Drops Mask Mandate | JD Supra
In response to dropping cases of COVID-19 in the City, on March 2, 2022, Philadelphia announced that it has moved into the “All Clear COVID Response Level,” and, as a result, will no longer enforce its indoor mask mandate. The change is effective immediately for businesses and institutions. The Philadelphia Department of Public Health also stressed that businesses may still require masks, and that the City may reinstate the mask mandate if COVID-19 cases rise, or a new variant develops.
Philadelphia Drops Mask Mandate
In response to dropping cases of COVID-19 in the City, on March 2, 2022, Philadelphia announced that it has moved into the “All Clear COVID Response Level,” and, as a result, will no longer enforce its indoor mask mandate. The change is effective immediately for businesses and institutions. The Philadelphia Department of Public Health also stressed that businesses may still require masks, and that the City may reinstate the mask mandate if COVID-19 cases rise, or a new variant develops.
Status Update: Federal Contractor Vaccine Mandate Still Enjoined | JD Supra
President Biden’s vaccination mandate for federal contractors remains under a nationwide injunction. In September 2021, President Biden issued Executive Order 14042, which directed federal agencies to require certain federal contractors and subcontractors to implement a vaccine mandate and COVID-19 workplace safety measures.
Federal Vaccine Mandate: Scorecard (UPDATED) | JD Supra
The following dashboard provides an at-a-glance summary of the federal vaccine mandates and their current legal status. To learn more about each mandate, follow the links to HR Law Watch articles. Mandate Requirements of Mandate Current Status Federal OSHA Emergency Temporary Standard (“ETS”) Requires all covered employers to ensure that employees are fully vaccinated by January 4 or test weekly, among other requirements.
Federal Vaccine Mandate: Scorecard (UPDATED) | JD Supra
The following dashboard provides an at-a-glance summary of the federal vaccine mandates and their current legal status. To learn more about each mandate, follow the links to HR Law Watch articles. Mandate Requirements of Mandate Current Status Federal OSHA Emergency Temporary Standard (“ETS”) Requires all covered employers to ensure that employees are fully vaccinated by January 4 or test weekly, among other requirements.
Federal Vaccine Mandate: Scorecard (UPDATED) | JD Supra
The following dashboard provides an at-a-glance summary of the federal vaccine mandates and their current legal status. To learn more about each mandate, follow the links to HR Law Watch articles. Mandate Requirements of Mandate Current Status Federal OSHA Emergency Temporary Standard (“ETS) Requires all covered employers to ensure that employees are fully vaccinated by January 4 or test weekly, among other requirements.
Federal Vaccine Mandate: Scorecard | JD Supra
The following dashboard provides an at-a-glance summary of the federal vaccine mandates and their current legal status. To learn more about each mandate, follow the links to HR Law Watch articles. Mandate Requirements of Mandate Current Status Federal OSHA Emergency Temporary Standard (“ETS) Requires all covered employers to ensure that employees are fully vaccinated by January 4 or test weekly, among other requirements.
Federal Contractor Vaccine Mandate Blocked Nationwide | JD Supra
On December 7, 2021, the U.S. District Court for the Southern District of Georgia issued an order enjoining the COVID-19 vaccine mandate for federal contractors and subcontractors pursuant to Executive Order 14042 (Executive Order) from going into effect nationwide.
Federal Vaccine Mandate: Scorecard
The following dashboard provides an at-a-glance summary of the federal vaccine mandates and their current legal status. To learn more about each mandate, follow the links to HR Law Watch articles. PODCAST: Catch our podcast on The Patchwork of Federal Vaccine Mandates. Mandate Requirements of Mandate Current Status Federal OSHA Emergency Temporary Standard (“ETS) Requires all covered employers to ensure that employees are fully vaccinated by January 4 or test weekly, among other requirements.
Federal Contractor Vaccine Mandate Blocked Nationwide
On December 7, 2021, the U.S. District Court for the Southern District of Georgia issued an order enjoining the COVID-19 vaccine mandate for federal contractors and subcontractors pursuant to Executive Order 14042 (Executive Order) from going into effect nationwide.
NLRB Outlines Employers’ Duty to Bargain Over Implementation of OSHA ETS | JD Supra
On November 10, 2021, the National Labor Relations Board (NLRB or Board) issued a Memorandum outlining employers’ duty to bargain with unions over the implementation of the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS). The Memo provides that employers have bargaining obligations regarding aspects of the ETS that affect terms and conditions of employment, to the extent the ETS provides employers with choices regarding implementation.
Philadelphia: Public Health Emergency Leave; Healthcare Worker Pandemic Pay, Benefits
Philadelphia workers who are not covered by federal sick leave laws, such as the Families First Coronavirus Response Act (FFCRA), are entitled to paid sick leave benefits under the new public health emergency leave bill (amending Chapter 9-4100 of the Philadelphia Code) signed by Mayor Jim Kenney. The new leave requirements remain in effect until December 31, 2020, unless renewed. Read our full article here.
Philadelphia: Public Health Emergency Leave; Healthcare Worker Pandemic Pay, Benefits | JD Supra
Philadelphia workers who are not covered by federal sick leave laws, such as the Families First Coronavirus Response Act (FFCRA), are entitled to paid sick leave benefits under the new public health emergency leave bill (amending Chapter 9-4100 of the Philadelphia Code) signed by Mayor Jim Kenney. The new leave requirements remain in effect until December 31, 2020, unless renewed.
Fast Facts From the New York, London, Milan, Paris Fashion Weeks in
Flight Tracker: New York to London, 3,459 miles; 6.5 hours London to Milan, 597 miles; 1 hour 45 minutes Milan to Paris, 400 miles; 90 minutes Paris to New York, 3,625 miles; 8.5 hours NEW YORK New York Fashion Week generates almost $900 million for the greater metropolitan area — more than the U.S. Open, the New York City Marathon or the 2014 Super Bowl. 3 weeks: The time it takes to build out NYFW show venues, with numerous crews working around the clock.
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