Creative Representation | Expert Litigation

Multi-State Wage Transparency Laws Relating to Job Postings

Currently, Colorado is the only state that requires an employer who employs at least one employee in Colorado and posts an electronic job advertisement in Colorado (remote or otherwise) to also post a hyperlink on the advertisement that clearly provides (1) the hourly rate or salary, (2) general description of bonuses or other compensation, and (3) general description of benefits.

Impacts and Analysis of NFIB v. Department of Labor, Occupational Safety and Health Administration

Today, on January 13, 2022, the U.S. Supreme Court issued a stay on the enforcement of OSHA’s Emergency Temporary Standards (“ETS”), which required employers with 100 or more employees to ensure each worker is fully vaccinated or tests for COVID-19 on at least a weekly basis. The majority opinion held that OSHA “likely exceeded [its] statutory authority” to effectuate this rule, especially since it was done through the rarely invoked emergency rulemaking process. As explained by the Court, the Secretary of Labor is empowered to act by its statutory powers conferred by Congress to set workplace safety standards. In the Court’s view, COVID-19 is not an “occupational hazard,” within the meaning of the statute, as it also spreads in homes, schools, and other gatherings. OSHA does not have the authority to enact broad public health measures to regulate the “hazards of daily life.”

NEW Covid-19 Paid Sick Leave Starting March 29, 2021

The State of California just enacted legislation that will go into effect on March 29, 2021 requiring all businesses with more than 25 employees to provide a new bank of up to 10 days (80 hours) of supplemental paid sick leave for any employee who is unable to work or telework.

New Pay Data Reporting Requirements for California Employers

California employers take note. Beginning this March, larger California employers must file an annual Pay Data Report that provides a breakdown by race, ethnicity, and sex for employees in different job categories and pay ranges.

COVID-19 Laws and Regulations Update For 2021 – by Kerry Duffy and Elizabeth Ferguson

As 2020 comes to a close, there has been a lot of uncertainty as to whether the Families First Coronavirus Response Act (“FFCRA”) would extend into 2021. Surprisingly, Congress has decided not to extend the FFCRA’s expiration date of December 31, 2020, which means that employers will not be required to provide emergency paid sick leave or emergency paid family medical leave after this date. However, on a voluntary basis, employers may choose to continue to provide FFCRA leave and receive employer tax credits for that leave through March 31, 2021. This change also impacts COVID-19 paid sick leave provided under California’s Supplemental Paid Sick Leave Act, whose duration aligns with the FFCRA timeframe, and thus is likewise set to expire as of December 31, 2020. However, other COVID-19 related laws and regulations continue to be in effect, and it is important for employers to be aware of their ongoing obligations in these areas.