Posted June 6, 2022
A recent amendment to Washington law will require employers to disclose information about pay and other benefits in postings for jobs in the state. This new affirmative disclosure requirement, which applies to employers with 15 or more employees, becomes effective on January 1, 2023.
Posted June 6, 2022
Federal contractors will soon be facing new pay equity disclosure requirements under a directive issued by the Office of Federal Contracts Compliance Programs (OFCCP). The OFCCP announced that it will require contractors to conduct pay equity analyses of their workforce and share those results with the OFCCP, even if the attorney-client privilege would otherwise protect the analyses. The OFCCP’s initiative signals an aggressive new focus on pay equity and a willingness to press the bounds of the government’s regulatory authority.
Posted May 2, 2022 with Tags Nonprofits, Foundations, Private Foundations
On Friday, April 29, 2022, Ramsey County District Court Judge Awsumb issued a decision in the highly publicized case brought by the Minnesota Attorney General’s Office seeking removal of the three Otto Bremer Trust Trustees. Here we outline the decisions of the case and provide key takeaways for foundatio
Posted April 1, 2022 with Tags Nonprofits
A bill making its way through the Minnesota Legislature would be terribly damaging to Minnesota nonprofits. And, unfortunately, it looks like it has legs.
Posted March 29, 2022 with Tags Corporate Immigration, Immigration Law
Following the Shergill, et al. v. Mayorkas settlement, U.S. Customs & Border Protection (CBP) started issuing I-94 forms on January 30, 2022, with new Class of Admission (COA) codes for certain E and L spouses as evidence of their employment authorization incident to status. The term incident to status means that employment authorization is granted with the underlying immigration status (instead of having to first apply and be approved for work authorization in order to accept employment in the United States). The new COA designations were intended to distinguish E and L spouses from E and L children who are not employment authorized.
Posted March 18, 2022 with Tags Corporate Immigration, Immigration Law
In 2020, the Department of Homeland Security (DHS) issued a temporary policy that allowed employers to accept certain expired List B documents and treat them as valid, acceptable receipts for Form I-9 purposes. DHS announced on March 12, 2022, that it is now ending this temporary policy.
Posted March 2, 2022 with Tags The Equal Pay Advisor
There’s no time like the present to conduct a pay equity audit. This year, employers face historic competition to recruit and retain talent. With continued pressure to increase DE&I efforts and a wave of new pay equity laws, a pay …
Posted March 2, 2022 with Tags The Equal Pay Advisor
New York City will soon be joining the growing list of jurisdictions that have passed pay transparency laws. Effective May 15, 2022, employers with at least four employees in New York City will be required to disclose the minimum and …
Posted March 2, 2022 with Tags The Equal Pay Advisor
Basic Reporting Requirements in Each State Illinois Who is a covered employer? For purposes of the new requirement to report pay data to the Illinois Secretary of State, covered employers are Illinois corporations or foreign corporations authorized to transact …
Posted February 17, 2022 with Tags Labor and Employment, Employment law
The Minnesota legislature is currently considering HF999, which would ban all non-compete agreements with all Minnesota employees making less than a certain salary threshold, and would require garden leave payments for employees making higher incomes. The bill is being heard …
Posted January 13, 2022 with Tags COVID-19, COVID-19 for Employers
Today, the U.S. Supreme Court upheld the Centers for Medicare and Medicaid Services (CMS) vaccine mandate by a vote of 5 in favor and 4 dissenting. The Supreme Court held that CMS did have statutory authority to issue its Interim …
Posted January 13, 2022 with Tags COVID-19, COVID-19 for Employers
UPDATE: In an order issued Jan. 13, 2022, the United States Supreme Court stayed enforcement of federal OSHA’s COVID-19 Vaccination and Testing ETS pending the disposition of the petitions for review in the Court of Appeals for the Sixth Circuit. …
Posted January 7, 2022 with Tags Labor and Employment, COVID-19, COVID-19 for Employers
On January 7, 2022, the U.S. Supreme Court heard oral arguments over whether two sets of vaccine and testing mandates should go into effect: (1) the OSHA ETS, applying to private employers with 100 or more employees; and (2) the …
Posted December 1, 2021 with Tags Labor and Employment, Employment law, COVID-19, COVID-19 for Employers
Originally published 11/08/21. Updated 12/01/21. As expected, the OSHA Emergency Temporary Standard (ETS) faced immediate legal challenge, and on Saturday, the Fifth Circuit Court of Appeals issued a stay blocking the law from going into effect. Below, we outline the …
Posted November 29, 2021 with Tags COVID-19 for Employers
Work-For-Hire Doctrine Under copyright law, artists generally own the rights to the work they create. However, an exception exists when an artist’s work qualifies as a “work made for hire” under Section 101 of the Copyright Act. A work made …
Posted November 16, 2021 with Tags The Equal Pay Advisor
Over the last few years, employers across the United States have become accustomed to dealing with a patchwork of state pay equity requirements, including some that give employees the right to request and openly discuss and disclose their wages. A handful of states and municipalities have gone farther, enacting pay transparency schemes under which employers must affirmatively disclose the pay ranges for a position. States that impose some kind of pay transparency requirement include California, Colorado, Connecticut, Maryland, Nevada, Rhode Island, Washington. These states, and others, have recently adopted new or revised pay equity statutes imposing additional requirements upon employers.
Posted November 16, 2021 with Tags The Equal Pay Advisor
Employers in the not-to-distant past constructed pay scales based in part on the location of the employees. Employers routinely paid employees in New York City, San Francisco, and Los Angeles a premium. By 2021, however, the concept of a worksite has been exploded, and employees work virtually from across the country. This change has dramatic implications for employers analyzing whether to structure pay scales tailored to geographic locales.
Posted November 16, 2021 with Tags The Equal Pay Advisor
The COVID-19 pandemic has impacted many areas of the employment landscape. Job descriptions, essential functions, ADA accommodations, undue hardship, and Title VII religious accommodations are all areas that have been substantially impacted by the virtual work environment and the availability of mechanisms such as Zoom to substitute for physical attendance. Pay equity analyses are just the latest area to be impacted by the virtual environment. Employers may need to rethink how they conduct their pay equity analyses going forward.
Posted November 14, 2021 with Tags Corporate Immigration, Immigration Law
On November 10, 2021, the parties in Shergill, et al v Mayorkas reached an important settlement that now affords an automatic extension of employment authorization for up to 180 days in narrowly defined circumstances for H-4 and L-2 dependent spouses. In addition, …
Posted November 10, 2021 with Tags Corporate Immigration, Immigration Law
Spouses of H-1B and L-1 workers have long faced protracted delays by the U.S. Citizenship & Immigration Services (USCIS) in processing their work authorization (EAD) renewals. The wait has sometimes exceeded more than a year, resulting in the existing EAD …
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