The Seventh Circuit Court of Appeals recently issued an opinion clarifying when an employer may be held liable for interfering with its employees’ rights to take leave under the Family and Medical Leave Act of 1993 (“FMLA”). This opinion is a reminder of the importance of employers providing adequate and accurate information about the FMLA to their employees and making the process for obtaining FMLA leave as straightforward as possible. In Ziccarelli v. Dart, No. 19-3435, 2022 U.S. App. LEXIS 15032 (7th Cir. June 1, 2022), the Court held that an employer is not required to deny FMLA benefits to… Read more
The Chicago Human Rights Ordinance was amended recently to add significant sexual harassment prevention requirements for employers. By July 1, 2022, Chicago is requiring all employers with at least one employee working within the city’s boundaries to update their sexual harassment policies and display new posters. The required written policy on sexual harassment must include at least the following: A statement that sexual harassment is illegal in Chicago. The definition of sexual harassment: Sexual harassment” means any (i) unwelcome sexual advances or unwelcome conduct of a sexual nature; or (ii) requests for sexual favors or conduct of a sexual nature… Read more
On October 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) launched the Initiative on Artificial Intelligence and Algorithmic Fairness (the “Initiative”) to ensure that artificial intelligence (“AI”) and other emerging tools used in hiring and other employment decisions comply with federal civil rights laws. The Initiative’s goal is to examine more closely how technology is fundamentally changing the way employment decisions are made. It further aims to guide applicants, employees, employers, and technology vendors in ensuring that these technologies are used fairly, consistent with federal equal employment opportunity laws. The EEOC issued its first guidance regarding the Initiative on… Read more
On May 23, 2022, the California Supreme Court issued its opinion in Naranjo v. Spectrum Security Services, Inc., concluding that the one hour of additional compensation that is owed to an employee who does not receive a legally-compliant meal or rest period, constitutes a “wage.” As a wage, the penalty must be reflected on the employee’s wage statement, and also must be paid in a timely manner. California’s Wage Orders, as well as Labor Code § 226.7(c), provide that an employee who is denied a meal or rest period on a given day must be paid an additional hour of… Read more
Did you know that the FBI has an Internet Crime Complaint Center called IC3? And did you know that IC3 has a Recovery Asset Team called RAT that, in 2021 alone, used its Financial Fraud Kill Chain (FFKC) to successfully place money holds on approximately $329 million out of $443 million in potential losses from business email compromises, a 74% success rate? That’s a pretty decent mouse trap. Here’s how it works. A victim of cyber-crime fills out an online form at www.ic3.gov. The complaint is automatically triaged through the FBI’s Internet Crime Database. An IC3 analyst then reviews the… Read more
It is illegal to pay doctors for exclusive referrals. If you get caught, it will cost you. Such was the lesson for a Georgia-based anesthesia business and its two principal founders, who have agreed to pay $7.2 million to resolve kickback allegations made by a whistleblower, who will receive $1.3 million under the deal. According to the complaint filed in 2016 and partially unsealed April 13, John R. Morgan, M.D., and Paul Weir, through their anesthesia business Care Plus Management, LLC, and 18 other entities they controlled, paid kickbacks to physicians from outpatient surgical centers in exchange for exclusive referrals… Read more
It’s time to start preparing for the H-1B cap season. The H-1B cap registration period for Fiscal Year 2023 will open at noon Eastern on March 1, 2022, and run through noon on March 18, 2022. During the initial registration period, prospective petitioners or their authorized representatives must electronically register each foreign worker they intend to seek to file an H-1B cap subject petition and pay the associated $10 registration fee. What does this mean for your organization? If your organization is looking to hire qualified foreign professionals, now is the time to act. In addition to new hires, likely… Read more
President Biden signed into law a significant new piece of federal legislation that allows employees to avoid enforcement of any pre-dispute agreement that would require employees to arbitrate sexual assault or harassment claims. On March 3, 2022, the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” was signed into law. The new law amends the Federal Arbitration Act, Title 9 of the U.S. Code. The Act provides that arbitration agreements covering sexual assault and sexual harassment claims under state and federal law are unenforceable at the election of the person or class representative asserting the claim. … Read more
New York City passed a one-of-a-kind law that will require employers to audit automated decision-making tools used to evaluate job candidates and employees. AI and algorithm-based technologies used for hiring and promotions must be audited for bias that could lead to discrimination based on race, sex, age, or national origin. Employers will have all of 2022 to prepare, as the law is effective January 1, 2023. This law applies to employers with employees/applicants, whether those seeking to join the company or current employees seeking a different position with the company who resides in New York City. The law requires employers… Read more
New York City took the next step to expand its pay transparency laws. Effective May 15, 2022, job postings must include the minimum and maximum salary offered for any position located within New York City. This amendment to the New York City administrative code allows for employers to be held responsible for an unlawful discriminatory practice if the salary is not included in job listings. Employers will have to include the salary range in all announcements or postings regarding promotion or transfer opportunities as well. The stated salary range may be based on the highest and lowest salary that the… Read more
