Latest Legal News

Mental illness can cause problems at work, and keep…
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OFCCP Director heads to White House.

The absence of job dissatisfaction is not job satisfaction.

The Illinois Biometric Information Privacy Act…
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Bad news, but at least employers know where they stand.

On Friday, March 10, the Federal Deposit Insurance…
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It’s never dull moment in California. If you have gone…
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The Nigerian prince seems almost quaint.

Gone are the…
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Contractors, mark your calendars!

You won't go wrong.

Where does the case go from here?

With waits for green cards of up to 10 years, many foreign…
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Recent amendments to Pennsylvania’s data breach law…
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People, it doesn't work.

There is a better option.

President Biden has announced that he will nominate…
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The life cycle of a data security incident begins and…
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This is a G-rated post. PG at worst.

The California legislature has expressed a steady…
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The data are not as supportive as claimed.

A significant HIPAA reporting deadline is fast…
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Fight back against this major cyber threat.

Business…
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Two cents from an employment lawyer.

On Tuesday, the National Labor Relations Board issued…
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On Wednesday, the U.S. Supreme Court issued its…
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This month, the Illinois Supreme Court has issued two…
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What does that mean for hockey?

The U.S. Department of State has indicated that it will…
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Proposed regulations have been submitted for review.

In other words, which presidents can we -- ahem -- blame?

How can employers be prepared?

An updated version of the NIST Cybersecurity Framework…
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The USDOL has issued a handy little guide.

Yesterday New Jersey Governor Phil Murphy (D) signed…
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In Jones v. Google, LLC, a three-judge panel of the U.S…
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The U.S. Citizenship and Immigration Services has…
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Even if the employee doesn't qualify.

Penalties for OSHA violations in 2023 have the…
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On January 25, the Office of the Attorney General for the…
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This year’s deadline for filing individual tax…
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MOST EMPLOYEES IN ILLINOIS WILL SOON BE ABLE TO TAKE UP TO…
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Now, no. Someday, probably.

"Undue hardship" defense is likely to become tougher.

The annual H-1B cap season has begun for Fiscal Year…
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Welcome to the Constangy Cyber Advisor! Our 44-member…
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The importance of certifying compliance becomes evident.

Nothing, but here is my stab at it.

Last week, the U.S. Department of Homeland Security…
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Woo-hoo!

Here are the new penalties for OSHA violations in 2023.

January 15, 1929-April 4, 1968

Inquiring minds want to know!

The U.S. Citizenship and Immigration Services has…
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The non-statutory labor exemption might help some employers.

Pregnancy and lactation accommodation.

The new year is off to a roaring start in the field of…
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Another win for behavioral economics.

Effective 12:01 a.m. Eastern Time on Thursday, most air…
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Thank you for reading our blog.

On Friday, the National Labor Relations Board, in a 3-2…
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The impact on most employers should be minimal.

On Wednesday, the National Labor Relations Board…
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On Tuesday, the National Labor Relations Board, in a 3-2…
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In December 2020, the New York City Council passed the…
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Booze, wage-hour, workers' comp . . . we have it all!

The Biden Administration’s efforts at adjusting the…
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The court punted.

The right to bore, and not to be bored.

Remember faxes? I don't.

It appears that DACA is on life support and can be saved…
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Bad news for contractors.

Notices have gone to some contractors who objected to…
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I'm thankful for my family, friends, colleagues, and…
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Employers, don't be too rigid about employee notice…
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The precedents conflict.

And the Commission will lose its GOP majority.

Here's a handy summary of the federal employment laws…
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Minimum wage, unions, right to work, and legal weed.

Comments being accepted thru Dec. 5.

Last Monday, the U.S. Supreme Court heard oral argument…
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The National Labor Relations Board may soon be coming…
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Fictional, but based on a true story.

The California Privacy Rights Act will go into full…
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One of the most common types of employment-based green…
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Replacing the “EEO is the Law” poster is not optional.  

Not if I have anything to say about it.

At one time or another, one of your employees may have had…
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Two recent court decisions shed some light.

Be the first employer on the block to have one!

The U.S. Supreme Court will soon decide whether a…
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As we previously wrote here and here, New York City…
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The lawsuit that transformed Title VII is over.

I-9 flexibility for remote workers is being extended…
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On Tuesday, we published a bulletin noting that the U.S…
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Employers, know your limits.

You DO want to be "with it," don't you?

A recent opinion from the U.S. Court of Appeals for the…
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This morning, the U.S. Department of Labor issued…
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If so, what will that mean for employers?

And opens up a can of worms.

*Not a parody.

It is a happy day when a foreign national becomes a Lawful…
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Sheesh. I would think so!

The game has changed.

This would be a great law school problem.

So misunderstood!

The new deadline is October 19.

The U.S. Citizenship and Immigration Services has been…
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Before the festivities begin, test your knowledge!

But no need to start rolling up sleeves just yet.  

The requirement is not new, but the process is.  

Probably. Employers, get ready.

The Social Security Administration has discontinued

We are monitoring any developments regarding the…
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It’s been three years since California followed the…
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I'm not sure I agree. With all due respect.

The deadline to object is September 19.

Some relatively good news from the OFCCP. 

The deadline to object is September 19.  

In July 2019, Maryland banned non-compete clauses for…
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Non-union employers, this goes for you, too!

The league failed to address bad precedent.

Everybody's favorite subject.

Even if “somnambulism” is a disability, an…
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File this under “Be careful what you wish for.”  

It’s a stick, not a carrot.  

Late summer odds and ends.

I hope that moment of satisfaction was worth it.

Settle with staffing agency, go on to sue its client.

The leagues are not necessarily of one mind.

The U.S. Citizenship and Immigration Services reports…
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And, for that, we should be grateful.

Second of two on the FLSA.

The players drive the League.

Even though the court was right, this stinks.

Next week: Overtime!

Will a federal judge in New York reach a different…
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And happy 246th birthday to our nation!

Did the NFL drop the ball with Jon Gruden?

As Pride Month draws to a close, employers should focus…
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What should employers consider in light of the Supreme…
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Many California employers can breathe more easily…
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NFL says it will appeal.

California employers, take heed of July 1.

Yesterday, my son and his friends were talking through a…
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Wishing you all a happy Juneteenth.

SCOTUS gives California employers a break.

As a result of a new Order from the Centers for Disease…
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As we wrote here and here, the New York City Council…
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Join host Leigh Tyson as she interviews Kim Seten of our…
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The court is right, I think.

This week, the U.S. Citizenship and Immigration…
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In December 2021, the U.S. Department of State extended…
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I still think an emoji would have helped.

A federal court recently ruled that an employee working…
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While still complying with the ADA.

A pleasant surprise for employers.

Will this catch on in the States?

As we wrote here and here, the New York City Council…
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On Wednesday, the U.S. Citizenship and Immigration…
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Enjoy!

Third post in our series.

In March 2020, the U.S. Department of Homeland Security…
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You bet!

Are customers who use self-checkout entitled to be paid…
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Most companies invest time, energy, and money in…
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There was this disability discrimination issue . . . 

Second post in our series.

Starting today.

Supreme Court considers arbitration waivers of PAGA claims.

(It's possible that you heard this already.)

Plans for the "new" EEOC.

Delays in the processing of petitions and applications…
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As we wrote here and as you probably have seen all…
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“CERT” is now in the history books.  

Join host Leigh Tyson as she interviews Lara de…
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In 2020, the U.S. Department of Homeland Security…
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This spring Gov. Kathy Hochul (D) has signed into law…
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A new series.

This is a public service announcement.

So much for transparency!  

President Biden’s nominee for the United States…
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This week, a federal judge in Texas issued an order that…
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With emphasis on the pandemic.

Of course it is!

Don't be surprised.

Comp analyses are not privileged, OFCCP says.  

Employers can't require arbitration of sexual…
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The questions that people send to advice columns! 

February marked our nation’s annual celebration of…
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Over the past several years, employment authorization…
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Supplemental Paid Sick Leave for COVID is back!

UPDATE: It's Judge Ketanji Brown Jackson, says the NYT.

Some new employment laws are taking effect in New Jersey…
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In determining what counts as harassment in the…
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Host Leigh Tyson interviews Jon Yarbrough about what…
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How could something so convenient be so risky?

Next Thursday!

As we wrote about here, Gov. Kathy Hochul (D) imposed a…
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Building a diverse workforce has become a key business…
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Yesterday, the U.S. Senate passed by voice vote…
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And on to President Biden, who is expected to sign.

I heard a story recently where a (very well intentioned…
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The H-1B cap season is here for Fiscal Year 2023. Once…
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California employers, be aware!

First black woman to be nominated to the Supreme Court.

Reminder: Certify compliance by June 30.  

The Biden Administration has announced that it is…
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Biden promises a nominee by end of February.

The Occupational Safety and Health…
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Where does OSHA go now?

Well, not yet, but possibly soon.

The Centers for Medicare & Medicaid Services has…
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If you weren’t already concerned about the rate of…
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The health care vaccine mandate is here to stay.

January 15, 1939-April 4, 1968.

As almost everyone knows, the U.S. Supreme Court…
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After operating in limbo for a little over two months…
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I won't be as giddy as I was yesterday.

Two justices flip to the other side.

This JUST in.

On December 28, the Centers for Medicare & Medicaid…
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As we find ourselves facing a new year, here is a rundown…
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While we wait.

Here's what employers need to heed in 2022.

New York City will be the latest jurisdiction to…
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The New York City Council has just…
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On December 22, the California Department of Public…
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Supreme Court argument on OSHA ETS starts at 10 a.m. ET.

President Joe Biden has rescinded COVID-19-related…
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Effective January 1, Massachusetts laws have changed…
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On Friday, January 7, the U.S. Supreme Court will hear…
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Let's start off 2022 with a bang!

The deadline is December 30.

For at least a month.

As we reported here, New York City has imposed a vaccine…
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In a decision issued Friday night, the majority of a…
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Opponents of the ETS have requested Supreme Court review.

On Wednesday, the U.S. Court of Appeals for the Fifth…
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This week in Vaccine Mandate/Injunction Land.

New York City parents working in the private sector will…
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From my blog inbox . . .

On December 10, Gov. Kathy Hochul (D) announced that any…
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In response to the Omicron variant of COVID-19, the…
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A federal judge in Georgia issued today a nationwide…
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Contractors collectively breathe sigh of relief.  

Outgoing Mayor Bill de Blasio (D) announced today…
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As most of our readers know, the Occupational Safety and…
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This week's vaccine wisdom (subject to change at any time).

Contractor Portal will soon be live!  

A federal judge has issued a preliminary…
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On Monday, a federal judge in Missouri issued…
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Just a few weeks ago, President Biden rescinded the…
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Are they a good idea?

The new floor is $15 an hour.  

Last Thursday, Gov. Ron DeSantis (R) signed sweeping…
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The U.S. Department of Homeland Security has agreed to…
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The “idiopathic defense” to workers’…
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Wild times.

Mark your calendars.  

This post may become obsolete in the next five minutes.

The Centers for Medicare & Medicaid Services has issued…
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Well, that was fast.

This morning the Occupational Safety and Health…
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Gov. Kathy Hochul (D) has just signed a bill that…
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Substantively moderate, but logistically? Ugh.

Administration is pushing back deadline.

Affiliated entities may now be covered. 

Somebody say "Amen."

So many questions, only a few more answered.

Zoom Video Communications, Inc., has been sued for…
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Employer backlash stopped it . . . for now.

The Biden Administration is ending worksite raids to…
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What a difference a few months makes.

In an effort to increase child support payment…
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Oh, what a difference a few months makes.

I'm not sure the ADA will let you do that.

Massachusetts Gov. Charlie Baker (R) has signed into…
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As we  reported on Friday, the Safer Federal…
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Thanks for waiting. Here's the scoop.

As we wrote about here, the New York HERO Act requires…
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Vaccine mandate for many contractors is now imminent.

The White House has announced that, effective early…
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Missouri employers with at least 20 employees must now…
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And in California, yet!

As a result of COVID-19 outbreaks related to…
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Idle speculation as employers await the actual guidance.

Who knows?

You can lead a horse to water, but you can’t make him get…
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Federal contractor employees, roll up your sleeves!  

New population stats released by U.S. Census Bureau.

This might help employers figure it out.

Contractors’ comp data will soon be in the OFCCP’s…
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Effective October 1, COVID-19 vaccination will be…
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We recently commented that the U.S. Citizenship and…
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The U.S. Citizenship and Immigration…
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The Occupational Safety and Health Administration…
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And I'm not even talking about sexual harassment.

Not the best news for employers.

This is Part 2 of a two-part series.

In Part 1 of this…
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What should employers be watching for?

The FBI has reported a 400 percent increase in…
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Common sense suggests that once the discipline train…
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Gov. Roy Cooper (D) has signed into law important…
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On July 30, the U.S. Department of Labor published…
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When was the last time you assessed the depth and…
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The Virginia Department of Labor and Industry recently…
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On July 16, a federal judge in Texas vacated the…
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Déjà vu!

For many decades, the Fair Labor Standards Act has…
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Although the motivation behind the Illinois Biometric…
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With the consent of the U.S. Department of Labor, a…
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Here's what's been going on this week.

EEOC takes a stand on bathrooms and gender identity.

Don't rely on it too much -- yet.

Because of a recent U.S. Supreme Court decision, the…
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The U.S. Supreme Court has unanimously ruled that…
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UPDATE: (6/17/21) The SCOTUS ruled in the Fulton v…
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Improving diversity -- what's okay and what isn’t?

Happy days are here again!

On May 28, Gov. Charlie Baker (R) signed…
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Mere "misuse" of information is not enough.

... and have been asking about for months.

Just before the Memorial Day holiday, we had a…
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Yes, you read that correctly. We are all implicitly…
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Employers, don't get played.

EDITORS' NOTE: At Constangy, we like to say that DEI is in…
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Can employers breathe easy now?

The federal Occupational Safety and Health…
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Miss Manners should stick to writing about ice cream forks.

When you think about diversity, equity, and inclusion…
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Last week Gov. Andrew Cuomo (D) signed the New York…
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Test your knowledge about FMLA, pregnancy, and more!

Mother’s Day is a day to celebrate all the moms…
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On January 7, the outgoing Trump…
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More than one-third of new global cases of COVID-19 have…
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Welcome to our blog! I had something completely…
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And here are the details, such that they are.

President Joe Biden issued an Executive Order on…
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SB 93 applies to employers in the hospitality, event…
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For two years: 2019 and 2020.

Some employees will be getting a raise.

The first quarter of 2021 yielded some key rulings from…
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And then you go and make it worse.

Daaahling, these set-ups may make you want to come to…
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Before the coming crackdown.

Good news!

Bless this employer's heart.

May an employer require its California employees to be…
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The U.S. State Department recently issued new…
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Here are some suggestions for making it painless.

A welcome clarification.

EDITOR'S NOTE (4/9/21): Since Zan wrote this post, the…
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With the number of on-site inspections and citations…
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And it's lower once again.  

For 2019 and 2020.

UPDATED 4/9/21.

Ditch those pens and Dictaphones!

Science!

In a pair of proposed rules published in this…
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This is not a repeat blog post. It just seems like one.

On March 10, Congress passed the American Rescue Plan…
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Yesterday the U.S. Senate voted 68-29 to confirm…
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He'll be sworn in tonight.

Here's the "carrot," after last week's "stick."

The Protecting the Right to Organize Act of 2021 (also…
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For the last year, the fate of the Public Charge Rule

The Occupational Safety and Health Administration did…
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There's a new sheriff in town . . .

And that's not all!

That which is old is new again.

Vaccines, unemployment, and more!

This is an update to what we reported in December on…
Read More

Greg Giangrande of the New York Post nailed it this week.

The latest.

The new version applies to employers of any size.

Last year, the U.S. Citizenship and Immigration…
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Just because you can, should you?

Marty moves ahead!

Before his inauguration, President Biden expressed…
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And more!

Happy new year . . .?

In what it is referring to as “stronger worker safety…
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Tougher EEOC and OFCCP, a legal challenge at NLRB, and more.

Last March, almost from the beginning of the COVID-19…
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We have written about this before and made our…
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He's not letting the grass grow under his feet.

Don't worry - the rest of this post is in English.

Labor law, along with other employment-related policy…
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The rumor mill was correct!

A quick move, but not a surprising one.

In filing an H-1B petition, employers must select one of…
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Some Q and A.

The EEOC is extending its mediation program until…
Read More

Yippee.

A groundbreaking ruling from the U.S. Court of Appeals…
Read More

The U.S. Department of Labor has again issued a final…
Read More

With everyone trying to predict what the Occupational…
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On January 7, President-elect Joe Biden, a…
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On January 7, 2021, the U.S. Department of Labor Wage and…
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In response to the nationwide injunction issued December 22.