This week, we’re recapping major items shifting at the state, local, and federal levels, including whistleblower retaliation case law, pay transparency rules, and federal labor policies.
California Supreme Court Specifies Framework for Retaliation Cases
The California Supreme Court has picked a test for whistleblower retaliation cases in the state. After almost two decades of uncertainty around the question, the Court has directed lower courts to use state statutory law as the framework for deciding this type of retaliation case, rather than the federal burden-shifting McDonnell Douglas framework used in discrimination cases.
New York City Employers Prepare for Pay Transparency Law
Starting May 15, New York City employers must include a minimum and maximum salary on all New York City job postings. Read more - workforcebulletin.com/2022/01/18/nyc-job-postings-must-include-salary-ranges-effective-may-15-2022/
Agencies Ramp Up Support for Biden’s Labor Agenda
The U.S. Department of Labor (DOL) recently announced that its Wage and Hour Division will hire 100 new investigators to step up compliance enforcement, with more hiring planned later this year. The DOL also released a 45-page report with nearly 70 recommendations for increasing union membership in both the public and private sectors. Learn more about the report - dol.gov/newsroom/releases/osec/osec20220207
Other Highlights
COVID-19 WORKFORCE (re)sources
Click here to see what state and local governments have done to address the COVID-19 pandemic this week - ebglaw.com/government-resources-coronavirus-resource-center/
Employee Protections from Retaliation Have Grown During Breyer’s Tenure
SHRM
Stuart Gerson Quoted
shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/employee-protections-from-retaliation-breyer.aspx
The Legal Pitfalls of Hybrid and Remote Work
TLNT
Adam Tomiak, Jeff Kramer
tlnt.com/the-legal-pitfalls-of-hybrid-and-remote-work/
2022 Mental Health Parity Report to Congress Highlights Increased Enforcement Efforts
Insights
Helaine Fingold, Kevin Malone, David Shillcutt, Bailey Wendzel
ebglaw.com/insights/2022-mental-health-parity-report-to-congress-highlights-increased-enforcement-efforts/
Avoiding and Defending Wage and Hour Class Actions
Click here to view more on the next steps if your company is hit with a wage and hour class or collective action - explore.ebglaw.com/wage-hour-class-actions/home/
WORKFORCE (re)imagined.TM
Click here to find out how we can help with return-to-work or hybrid workforce issues - ebglaw.com/return-to-work/
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