Labor & Employment Law Update

Employers with 100 or more employees in Illinois have begun receiving notice that it is time for their business to comply with obtaining their Equal Pay Act Registration Certificate (“EPRC”). In order to obtain the EPRC from the Illinois Department of Labor (“IDOL”) a business must complete an EPRC Compliance Statement, submit their Federal EEO-1 disclosure and provide pay data regarding their Illinois employees. 

Below are some of the latest state updates –

INDIANA

Indiana Code 24-4.9-3-3, which addresses “reasonable” delays in reporting data security breaches, was amended by H.B. 1351 to impose a forty-five (45) day limit on reporting breaches of certain personal information.  Effective July 1, 2022, employers must notify Indiana residents, including employees and applicants, no later than forty-five (45) days after discovering a breach of certain personal information.

MASSACHUSETTS

The COVID-19 Massachusetts Emergency Paid Sick Leave Program ended on March 15 ...

Board diversity requirements have hit the headlines again due to a recent ruling by a California Superior Court judge who struck down a 2020 California law (AB 979) that required companies headquartered in California to have from one to three board members who self-identify as a member of an “underrepresented community,” which includes Asian, Black, Latino, Native American, and Pacific Islander individuals, as well as those who are gay, lesbian, bisexual or transgender. It allowed the Secretary of State to fine companies who did not comply. The court found for the plaintiff ...

On April 11, 2022, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, filed a brief in a case pending before the NLRB, Cemex Construction Materials Pacific, seeking a return to the NLRB’s long-abandoned Joy Silk doctrine. Under that doctrine, unions may obtain representational status, simply by claiming to have the support of a majority of a private employer’s employees (typically through union card signing)—and putting the burden on the employer to affirmatively demonstrate a good-faith doubt as to that majority status in order to lawfully ...

Below are some of the latest state updates and posters —

CALIFORNIA

Minimum Wage Poster

The City of Pasadena has updated its Minimum Wage Poster to reflect a $16.11 hourly minimum wage rate, effective July 1, 2022 through June 30, 2023.  The minimum wage requirement set forth in the Pasadena Minimum Wage Ordinance applies to adult and minor employees who work two (2) or more hours per week in Pasadena.

Employers must (1) display this poster in the workplace where it can be easily read by employees, and (2) translate its contents into languages spoken by five percent (5%) or more of their ...

Treat ‘em like mushrooms is an expression that is never actually uttered out loud by union organizers, but it’s certainly implied when it comes to organizing a workforce.  Keeping the worker in the dark concerning key facts and the fine print before casting an official vote for or against union representation is something organized labor tries to ensure. In fact, under the National Labor Relations Act (NLRA), unions not only don’t have an obligation to share key information to prospects, they can also lawfully mislead workers and provide them with false ...

A recent case provides a refresher step-by-step guide on the  requirements of a lawfully administered disability accommodation policy under the Missouri Human Right Act.

See some of the latest state updates and posters – Fair Employment, Paid Leave and Minimum Wage Rates