Davis+Gilbert PERKS

A New York City councilman recently introduced a bill to amend New York City’s paid sick leave law to allow employees to take paid sick leave to care for pets and service animals. The proposed law would cover the care of a pet “that needs medical diagnosis, care or treatment of a physical illness, injury, or health condition or that needs preventative medical care.” The bill comes at a time when various states are considering paid sick leave laws and awareness of mental health is growing. The sponsor of the bill explained that the bill is intended to help address New Yorkers’ mental health by encouraging pet ownership which he says supports mental health. The bill is currently in committee. #paidsickpetleave #NYC #proposed #DGPERKS

Election season is underway, and Alaska, Missouri, and Nebraska have all put paid sick leave policies on the ballot. All three states’ proposed laws would require small employers to offer at least 40 hours of paid sick leave to their employees, and large employers to offer at least 56 hours of paid sick leave. Alaska and Missouri’s propositions would likewise gradually raise the states’ minimum wages to $15 per hour. If passed, these states would join several other states and Washington, D.C. in assuring workers paid sick leave. Employers in these states should monitor the polls to remain up to date on their states’ required leave policies and consult counsel to discuss potential obligations. #paidsickleave #DGPERKS

On October 7, 2024, the NLRB’s General Counsel, Jennifer Abruzzo, issued a new memorandum addressing the alleged “harmful effects of non-compete and ‘stay-or-pay’ provisions that violate the National Labor Relations Act.” The memo (availabe here: https://lnkd.in/eMR569QP) outlines Abruzzo’s intent to urge the NLRB to find certain non-competition provisions unlawful and to provide employees with monetary relief against employers who maintain unlawful non-competition restrictions. That relief can include the difference in compensation between their current position and one that they were unable to seek due to the non-compete, as well as any moving costs if the employee needed to relocate in order to obtain employment within the industry. The memo further outlines Abruzzo’s belief that “stay-or-pay” provisions, such as those that require employees to repay certain costs (e.g. educational costs, training costs, signing bonuses, etc.) if they resign from employment within a given timeframe violate Section 8(1)(1) of the National Labor Relations Act unless the benefit provided was optional, and the employer meets certain other requirements described in the memo. Employers who maintain non-competition or repayment agreements with their employees should continue to monitor NLRB enforcement actions and related case law. #NLRB #noncompetes #stayorpay #DGPERKS

New Jersey Employers: The New Jersey legislature recently passed a pay transparency law that, if signed by Governor Murphy, would go into effect 6 months thereafter (https://lnkd.in/eaYEu4Et). This law would require all employers with 10 or more employees, who have employees or do business in, or take applications from, New Jersey, to include compensation and benefits information in all new job postings.  This includes the hourly wage or salary for the role (or the applicable range), as well as a general description of benefits and other compensation programs for which the employee would be eligible. Notably, similar to the Colorado pay transparency law, the New Jersey law would also require employers to “make reasonable efforts to announce, post, or otherwise make known” similar information for opportunities for promotion that are advertised either externally or internally to all current employees in the affected department(s) prior to making a promotion decision. #NewJersey #paytransparency #DGPERKS

For World Mental Health Day 2024, the theme set by the World Federation of Mental Health, is: “It is Time to Prioritize Mental Health in the Workplace”. According to Mental Health America, mental illness is more common than cancer and lung and heart disease COMBINED. Given the negative impact mental health challenges can have on employee morale, workplace integration and participation, and work product, employers nationwide should take action to ensure they are offering adequate support for those who may be need mental health support, including providing reasonable accommodations at work. Employers should also implement and/or recirculate information about Employee Assistance Program (EAP) offerings, which provide employees with free, confidential counseling from trained professionals, consider offering wellness days to employees, and make sure managers are trained in how to recognize needs and requests for accommodations so that employers can timely and properly engage in the interactive process. #worldmentalhealthday #supportatwork #DGPERKS

Recent lawsuits are challenging how forfeitures are being used in defined contribution plans, such as 401(k) plans. Are you safeguarding your company from potential claims? In an article for Employee Relations Law Journal’s Autumn 2024 edition, Mark Bokert and Alan Hahn break down the key steps to mitigate risks and ensure compliance. Check it out here: https://lnkd.in/eSSWtZgQ #ERISACompliance #ForfeitureLitigation #EmployeeBenefits #DGPERKS

Are you up to speed on the latest legal issues around gender equity, identity and expression in the workplace? If you’re attending the 2024 PLI Employment Law Institute next week, don’t miss a lively panel featuring Davis+Gilbert partner Jessica Golden Cortes. The panel will explore topics including: ✔ New developments in sexual harassment claims and issues investigating and settling sexual harassment claims ✔Gender identity and expression cases over the last year, including claims of religious exemption ✔Pregnancy and lactation law updates ✔How broadly the Ending Forced Arbitration Act is being interpreted with regard to employment claims ✔The impact of AI on gender disparity in the workplace ✔The importance of intersectionality in the workplace Learn more about the 2024 PLI Employment Law Institute below. https://lnkd.in/ewiwac45 #Employmentlaw #Genderequity #PLI

The anniversary of the October 7th attack on Israel is an appropriate time for employers to review their anti-discrimination and anti-harassment policies, and to remind all employees of the resources their company may offer to support those in need, including those who may be going through a difficult time in aftermath of last year’s attack and the events that have transpired since then. Employers who tolerate any form of hate, including antisemitism, in the workplace, or lack adequate policies and procedures to effectively monitor and resolve issues as they may arise, not only face heightened legal exposure under applicable law, but also may encounter difficulty in attracting and retaining top-tier talent. Given today’s anniversary, employers should also consider circulating reminders to all employees of the resources they offer (e.g., Employee Assistance Programs etc.) to help employees cope with the ongoing turmoil both domestically and abroad.  #DGPERKS

Colorado Employers: Now is the time to review job applications for any required legal updates. Earlier this year, the Job Application Fairness Act was enacted in Colorado and prohibits employers from inquiring about a job candidate’s age, date of birth, and dates of attendance at or date of graduation from an educational institution on an initial employment application. Age verification is permitted if required by a bona fide occupational qualification pertaining to public or occupational safety or applicable federal, state or local laws or regulations. #CO #jobapplications #DGPERKS

Employers with workers in the unincorporated areas of Los Angeles County: You are now covered by the County’s fair chance hiring ordinance (available here: https://lnkd.in/eHHh_mXV). The ordinance covers applicants, employees and contractors and adds several compliance requirements for criminal background checks. New requirements include, but are not limited to, rules for language in job postings, prohibitions on inquiries about criminal history before a conditional job offer is made, and specific timing for when questions about criminal history can be asked. Employers with jobs in Los Angeles County are encouraged to reach out to legal counsel for guidance on the ordinance. #fairchance #LAcounty #DGPERKS