The Supreme Court's recent decision to overturn the Chevron deference doctrine marks a pivotal moment in administrative law, with far-reaching implications for various sectors, including employment law.
Read MoreMichigan has recently made a significant change by ending its "right-to-work" law, a policy that has been in place since 2013.
Read More2023 was a year of significant shifts and uncertainties in the landscape of employment law.
Read MoreOn February 6, 2024, Texas will see a significant shift in its employment landscape following Governor Greg Abbott's recent signing of Senate Bill 7 (SB 7), a law that effectively prohibits private employers, regardless of their size, from enforcing COVID-19 vaccine mandates as a condition of employment.
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The New York City Council recently enacted legislation prohibiting employment discrimination premised on an individual's weight or height, signifying a critical advancement in the sphere of employment law. The law contains a provision granting an exception to employers for whom an employee's height or weight is intrinsically tied to the execution of vital job functions, as well as to operators or providers of public accommodations.
This legislation positions New York City alongside a select number of other cities that have already instituted prohibitions against weight-based discrimination, including Urbana, Illinois; Madison, Wisconsin; Binghamton, New York; San Francisco; Santa Cruz, California; and Washington, D.C. Moreover, the states of Michigan and Washington have passed similar laws, according to a study by Vanderbilt University.
This development signals a potential new direction in the ongoing battle against workplace discrimination, with an increasing focus on size discrimination. Recent data illuminates the pervasiveness of size discrimination, with a ResumeBuilder survey indicating that over a quarter of respondents reported experiencing weight discrimination in the workplace. This percentage increases dramatically to 53% and 71% when focusing on self-identified overweight and obese respondents, respectively.
Supplementing these findings, recent May data from the Society for Human Resource Management (SHRM) suggest that these experiences are not anomalous. According to SHRM, half of people managers reported a preference for interactions with "healthy weight" employees, while 11% acknowledged that obese individuals in their organizations are not treated equitably.
The impact of such bias extends beyond fostering a respectful and inclusive workplace environment; it may also significantly influence employee retention. A substantial 75% of workers who reported experiencing such discrimination indicated that it fostered a desire to leave their current employment.
The new law takes into account necessary allowances for height and weight considerations integral to the performance of essential job functions. It also does not prohibit employers from providing incentives that promote weight management within the framework of a voluntary wellness program. This balanced approach seeks to promote fairness while acknowledging the realities of certain job requirements.
The Occupational Safety and Health Administration (“OSHA”) has again proposed increased injury and illness reporting for employers as well as a change that would make that data public. Business is pushing back against the proposal.
Read MoreYesterday, the Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (S. 2342).
Read MoreThe U.S. Department of Labor plans to rescind a Trump-era regulation on joint employment and an impending regulation on independent contractor use.
Read MoreThis week we celebrate the United States Constitution. 233 years ago today the delegates to the Constitutional Convention signed the U.S Constitution.
Read MoreAs we enjoy another Labor Day weekend, here are some quick facts about a holiday that is near and dear to our hearts here at the firm:
Read MoreCongress seeks to exploit the COVID-19 health and economic crises to gain passage of legislation that would provide broad immunity to businesses.
Read MoreAs states around the country pass non-compete reform and ban non-compete agreements for most employees, Texas remains a hotbed of non-compete abuse.
Read MorePhiladelphia’s city council unanimously approved a bill last week that will make it illegal for employers to fire, discipline, or otherwise retaliate against workers who speak up about unsafe coronavirus conditions.
Read MoreNELA - The National Employment Lawyers Association, in cooperation with the AARP, conducted a briefing last week in which experts in the field discussed the interplay of the ADA, Age Discrimination law, And Worker Health During The COVID-19 Pandemic.
Read MoreThe Department of Labor issued a new rule last week that essentially lets small businesses decide for themselves whether or not to give workers paid sick leave under the Congress's new law that sought to guarantee it. Essentially, they killed the new law.
Read MoreLast week, Congress passed several new laws to help citizens caught in the economic fallout caused by the Covid-19 Coronavirus outbreak.
Read MorePaid family leave is gaining traction across the country. Last month, President Donald Trump signed the National Defense Authorization Act that includes a provision that grants federal workers the right to take up to 12 weeks of paid leave for the birth or placement of a child. This month Tennessee’s governor signed an order that will provide paid family leave to that state’s employees starting March 1st.
Read MoreCalifornia employment lawyers are closely following what one commentator calls the new “Request Arbitration, Go to Jail” law.
Read MoreThe country's two million government employees will gain 12 weeks of paid parental leave as part of a defense bill that President Donald Trump signed into law on Friday. But it still leaves about 80% of U.S. workers in the private sector with no access to paid family leave.
Read MoreSenator Elizabeth Warren has proposed a bill that would expand the protections provided by the FMLA to certain part-time employees of large companies. According to a summary of the proposal, the law would require employers with more than 500 employees to offer available hours to current, available, qualified part-time employees before hiring new workers…..
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