This week, we look at two significant court decisions for employers nationwide and bring you a practical update on new bereavement leave rules in Illinois.

SCOTUS: FAA Preempts California's PAGA Loophole

Last week, the U.S. Supreme Court ruled that an individual claim under California’s Private Attorneys General Act (PAGA) is subject to an arbitration agreement. This ruling will apply to all pending and future PAGA litigation involving otherwise enforceable arbitration agreements with class and representative action waivers. Read more - wagehourblog.com/2022/06/articles/california-wage-hour-law/u-s-supreme-courts-viking-river-cruises-decision-is-a-significant-victory-for-california-employers-at-least-for-now/

Fifth Circuit Rules COVID Is Not a Natural Disaster Under WARN

The U.S. Court of Appeals for the Fifth Circuit held last week that the onset of COVID-19 did not qualify as a “natural disaster” that would have exempted a drilling company from providing employees with Worker Adjustment and Retraining Notification (WARN) Act notices in March 2020. This is the first appellate court to rule on this issue.

Illinois Expands Bereavement Leave

Following a growing nationwide trend, Illinois recently enacted amendments to its Child Bereavement Leave Act, a law which previously permitted employees to take up to 10 unpaid work days to mourn the loss of a child. Read more - ebglaw.com/insights/illinois-expands-child-bereavement-leave-for-pregnancy-loss-unsuccessful-assisted-reproduction-and-failed-adoption/

Other Highlights

COVID-19 WORKFORCE (re)sources
Click here to see what the federal government and state and local governments have done recently to address the COVID-19 pandemic - ebglaw.com/government-resources-coronavirus-resource-center/

Employers, Are You Ready for a Possible Post-Roe Workplace?
Workforce Bulletin
Jennifer Barna, Sahar Shiralian, Gretchen Harders, Lucas Peterhans
workforcebulletin.com/2022/06/17/employers-are-you-ready-for-a-possible-post-roe-workplace/

New York’s Enactment of the Adult Survivors Act: What You Need to Know
Workforce Bulletin
Melissa Jampol, Lori Medley
workforcebulletin.com/2022/06/16/new-yorks-enactment-of-the-adult-survivors-act-what-you-need-to-know/

For Your Benefit … Understanding Machine-Readable Files
Audiocast
Tzvia Feiertag, Cassandra Labbees, Karen Mandelbaum, Steve Parente
ebglaw.com/insights/for-your-benefit-understanding-machine-readable-files/

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/

We invite you to view Employment Law This Week® – learn about the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday .

Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com

These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

A Trending News interview from Employment Law This Week®, featuring attorney Shira Blank, Member of the Firm:

The Department of Labor recently released guidance on FMLA leave for mental health conditions. Employers are seeing an increase in these and other mental health workplace issues right now. How can employers navigate them?

We invite you to view Employment Law This Week® – learn about significant developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

This week, we look at a range of recent anti-harassment and gender equity updates from across the country.

Return-to-Work Behavior Policies and Training

As employees across the United States have returned to the office, employers have seen an increased number of complaints about inappropriate behavior in the workplace. Not only are employers responding, but many municipalities and state governments are passing a slate of aggressive new workplace regulations. Read more about new required training and policy updates in Chicago - ebglaw.com/insights/chicago-enacts-new-sexual-harassment-prevention-requirements-effective-july-1/

U.S. Soccer's Landmark Equal Pay Agreement

Last month, the U.S. Soccer Federation and the Women's National Team reached a historic collective bargaining agreement, resolving a long-running, high-profile gender equity dispute between the women’s team and the league.

Board Diversity in California

California's statute requiring businesses in the state to include a minimum number of women on their boards was recently found to violate the California Constitution. Learn more: workforcebulletin.com/2022/06/08/another-california-board-diversity-statute-struck-down-in-court-appeal-to-be-filed/

Other Highlights

COVID-19 WORKFORCE (re)sources
Click here to see what the federal government and state and local governments have done recently to address the COVID-19 pandemic - ebglaw.com/government-resources-coronavirus-resource-center/

DOL Urges Employers to Prioritize Safety for Young, Summer Hires
HR Dive
Paul DeCamp featured
hrdive.com/news/dol-urges-employers-to-prioritize-safety-for-young-summer-hires/624441/

How to Protect Health Care Trade Secrets with Covenants
Law360
Erik Weibust, Kate Rigby
ebglaw.com/insights/how-to-protect-health-care-trade-secrets-with-covenants/

EEOC Issues Guidance on the ADA & Employer Use of AI Screening Tools
Workforce Bulletin
Nathaniel Glasser, Adam Forman, Frank Morris, Bob O’Hara, Sahar Shiralian
workforcebulletin.com/2022/06/02/eeoc-issues-guidance-on-the-ada-employer-use-of-ai-screening-tools/

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/

We invite you to view Employment Law This Week® – learn about the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday .

Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com

These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

A Trending News interview from Employment Law This Week®, featuring Epstein Becker Green attorneys Sahar Shiralian and Nathaniel Glasser:

Regulations and enforcement are tightening for the use of AI technology for employment decisions, on both the state and federal level. What can employers do to ensure compliance?

We invite you to view Employment Law This Week® – learn about significant developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

This week, we look at updated regulations in California and New York City and at the U.S. Department of Labor (DOL).

California Employers Update COVID-19 Policies

California employers are implementing updated COVID-19 policies to comply with new standards in the California Division of Occupational Safety and Health’s recently readopted Emergency Temporary Standard.

NYC Mayor Signs Pay Transparency Amendment

Last week, New York City Mayor Eric Adams signed an amendment postponing the effective date of the city's new salary range disclosure law until November 1. Learn more - workforcebulletin.com/2022/05/13/nyc-mayor-signs-off-amended-nyc-pay-range-disclosure-law-will-take-effect-november-1-2022/

DOL Targets Worker Retaliation

The DOL recently issued a press release offering tools and resources to combat employer retaliation. Read more - wagehourblog.com/2022/05/articles/dol-enforcement/u-s-department-of-labor-issues-field-assistance-bulletin-on-protecting-workers-from-retaliation/

Other Highlights

COVID-19 WORKFORCE (re)sources
Click here to see what the federal government and state and local governments have done to address the COVID-19 pandemic this week - ebglaw.com/government-resources-coronavirus-resource-center/

Expect More Web Accessibility Claims, Despite DOJ Guidance
Law360
Shira Blank, Josh Stein
2ec2b246x45d31849pmcrgzb-wpengine.netdna-ssl.com/wp-content/uploads/2022/05/Law360-Stein-Blank-May2022-Expect-More-Web-Accessibility-Claims-Despite-DOJ-Guidance.pdf

Historic First Day of Personal Adult-Use Sales and Preservation of Medicinal Cannabis Market
New Jersey Law Journal (subscription required)
Lisa Gora
ebglaw.com/insights/historic-first-day-of-personal-adult-use-sales-and-preservation-of-medicinal-cannabis-market/

Superior Court of California Attorneys’ Fees Award Punishes Plaintiff’s Bad-Faith Litigation for Alleged Misappropriation of Trade Secrets
Trade Secrets & Employee Mobility
Edward Loya, Daniel Green, Phillip Antablin
tradesecretsandemployeemobility.com/2022/05/articles/trade-secrets-and-confidential-information/superior-court-of-california-attorneys-fees-award-punishes-plaintiffs-bad-faith-litigation-for-alleged-misappropriation-of-trade-secrets/

New York’s Anti-Discrimination Laws Do Not Protect Out-of-State Remote Workers
Workforce Bulletin
Elizabeth Houghton LaGreca, Adam Tomiak
workforcebulletin.com/2022/05/12/new-yorks-anti-discrimination-laws-do-not-protect-out-of-state-remote-workers/

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/

We invite you to view Employment Law This Week® – learn about the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday .

Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com

These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.