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Articles by Nancy Vary
Colorado enacts law regulating use of AI in employment - Buck
by and Tags: Career, Conformité, Engagement, Health, Patrimoine – entreprise et gouvernement Signed into law on May 17, Senate Bill 24-205 imposes stringent requirements on employers using AI to prevent algorithmic discrimination.
California Supreme Court clarifies scope of “hours worked” - Buck
The California Supreme Court recently clarified whether time spent by employees in vehicular security checks and certain other activities are compensable “hours worked” under California law. Download this FYI as a printable PDF. Background CSI Electrical Contractors (CSI) provided procurement, installation, construction, and testing services at a solar power facility in California. A subcontractor hired George Huerta (Huerta) to assist CSI in providing on-site services.
FTC bans noncompete agreements - Buck
by and Tags: Career, Conformité, Engagement, Health, Patrimoine – entreprise et gouvernement On April 23, the Federal Trade Commission voted to ban new noncompete agreements nationwide and render most existing noncompetes unenforceable. The final rule is slated to go into effect September 4. Download this FYI as a printable PDF.
EEOC issues final regulations on the Pregnant Workers Fairness Act - Buck
by and Tags: Career, Conformité, Engagement, Health Last summer, the EEOC proposed regulations to implement the Pregnant Workers Fairness Act, which expanded employment protections to employees and applicants with known pregnancy-related limitations. Today, the EEOC issued the final rule and accompanying interpretive guidance to help employers understand their reasonable accommodation obligations under the law. Download this FYI Alert as a printable PDF.
Colorado employers: New pay transparency rules in effect - Buck
by and Tags: Career, Compliance, Engagement Colorado amended its Equal Pay for Equal Work Act to add new pay transparency requirements for job postings and promotional opportunities, starting January 1. Equal Pay Transparency Rules issued by the Colorado Department of Labor and Employment clarify new employer disclosure and notice obligations. Download this FYI as a printable PDF.
DOL’s new worker classification rules: Do you know who your employees are? - Buck
On January 10, the DOL’s Wage and Hour Division issued a final rule for determining whether a worker is classified as an employee or an independent contractor for purposes of the Fair Labor Standards Act. The new rule replaces more business-friendly regulations with a revised economic realities test that tips the scales toward finding employee status. Download this FYI as a printable PDF.
New pay transparency law on tap for Massachusetts employers - Buck
by and Tags: Career, Compliance, Engagement Massachusetts is poised to join the growing number of states aiming to promote pay equity through increased pay transparency. If, as expected, the Governor signs recently passed legislation into law, employers with 25 or more Massachusetts employees will be required to disclose pay ranges on job postings, and to provide pay range information to current employees.
District of Columbia enacts new pay transparency law - Buck
by and Tags: Career, Compliance, Engagement On January 12, Mayor Muriel Bowser signed the Wage Transparency Omnibus Amendment Act of 2023 into law, making D.C. the latest jurisdiction to require pay disclosures in job postings. Provided the law passes congressional review, D.C. employers will face new compliance obligations beginning June 30, 2024. Download this FYI as a printable PDF.
Leave it to California - Buck
by and Tags: Career, Compliance, Engagement, Wealth – Corporate and Government California employees will enjoy additional leave entitlements starting in 2024 thanks to two bills recently signed into law by Governor Gavin Newsom. Senate Bill 616 increases the amount of paid sick leave an employee is entitled to accrue and makes other changes with respect to accruals, frontloading, carryover and use caps.
New pregnancy accommodation rules coming soon - Buck
On August 11, the EEOC proposed regulations to implement the Pregnant Workers Fairness Act, which expanded employment protections to employees and applicants with pregnancy-related limitations. The proposed regulations, which provide a road map for compliance with broad new employer accommodation obligations, are expected to be finalized by year-end. Download this FYI as a printable PDF.
NYC clarifies employer obligations under paid safe and sick time law - Buck
by and Tags: Career, Compliance, Engagement, Health On September 15, the New York City Department of Consumer and Worker Protection adopted changes to its safe and sick time regulations under the city’s Earned Safe and Sick Time Act. The amended regulations, which take effect October 15, better align with the ordinance’s 2020 amendments and provide additional clarifications of employer obligations. Download this FYI as a printable PDF.
Illinois enacts broad protections for freelance workers - Buck
by and Tags: Career, Compliance, Engagement On August 4, Illinois became the first state in the nation to enact a freelance worker protection law. The Illinois Freelance Worker Protection Act will require businesses that retain the services of freelance workers to provide written contracts and timely compensate them for their services beginning July 1, 2024. Download this FYI as a printable PDF.
DOL proposes overtime pay for millions of workers - Buck
On September 8, the DOL officially released its long-awaited proposal to revise the FLSA’s so-called “white collar” overtime exemptions, raising the minimum weekly salary threshold to qualify for these exemptions by more than 50% from $684 to at least $1,059. Under the proposed rule, more than 3.5 million workers who are currently classified as exempt would become overtime eligible. Download this FYI Alert as a printable PDF.
Pay transparency in the Land of Lincoln - Buck
On August 11, Illinois became the latest state to require pay scale disclosures in job postings. The new law will impact employers with 15 or more employees beginning in 2025. Download this FYI as a printable PDF.
Re-thinking the Workplace Amid 'The Great Resignation'
The pandemic-fueled “Great Resignation” has reshaped the world of work. In today’s hyper-competitive job market, workers now enjoy more leverage to decide when and where they want to work, forcing many employers to make dramatic changes to their business models. A new norm—and new consequences Employee expectations have changed; remote work and flexible scheduling are no longer the exceptions.
Remote working: New legal risks and realities
Expert Opinion Two years into the pandemic, businesses are still getting tripped up over which laws govern their employees. With remote and hybrid workforces here to stay, employers have to grapple with new legal risks and realities. (Credit: fizkes/Adobe Stock) The pandemic-fueled “Great Resignation” has reshaped the world of work.
Remote Working: New Risks in the Big Shift
The pandemic-fueled “Great Resignation” has reshaped the world of work. In today’s hyper-competitive job market, workers now enjoy more leverage to decide when and where they want to work, forcing many employers to make dramatic changes to their business models. A New Norm—and New Consequences Employee expectations have changed; remote work and flexible scheduling are no longer the exceptions.
DOL Adjusts Penalties for FLSA, FMLA and OSH Act Violations
Effective Jan. 23, 2019, the U.S. Department of Labor (DOL) has increased the civil monetary penalties for violating federal minimum wage, overtime, posting and safety requirements. The higher penalty amounts apply to penalties assessed after that date for Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Occupational Safety and Health Act (OSH Act) violations that occurred after Nov. 2, 2015.
With the New Overtime Rule In Limbo, What Should You Do?
With the New Overtime Rule In Limbo, What Should You Do? The Department of Labor’s (DOL) new overtime rule didn’t take effect on December 1 as many thought it would. Instead, it was temporarily blocked by a federal judge and subsequently appealed by the DOL.
State and Local Minimum Wage Increases in 2016
While the federal minimum wage remains unchanged, a number of states and cities will be hiking local wage rates on Jan. 1. Other state and local increases are slated for later in the year. As minimum wage requirements continue to change, employers will have to adjust their payroll systems, overtime pay rates and, in some cases, employee exemptions from overtime requirements to ensure compliance with the laws in each of the locations where they operate.
State and Local Minimum Wage Increases in 2016
While the federal minimum wage remains unchanged, a number of states and cities will be hiking local wage rates on Jan. 1. Other state and local increases are slated for later in the year. As minimum wage requirements continue to change, employers will have to adjust their payroll systems, overtime pay rates and, in some cases, employee exemptions from overtime requirements to ensure compliance with the laws in each of the locations where they operate.
DOL Extends FMLA Rights to Same-Sex Spouses
On Feb. 25, 2015, the DOL issued a final rule that includes the broader definition of spouse under the federal Family and Medical Leave Act (FMLA) to ensure that legally married, same-sex couples enjoy the same status under federal law as legally married, opposite-sex couples. Employers affected by this change should update existing leave policies to ensure that they are in compliance when the new rules take effect on March 27, 2015.
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