With today’s publication of the final guidance and regulations implementing the “Fair Pay and Safe Workplaces” Executive Order (also known as the “Blacklisting” or “Bad Actors” Executive Order), mistakes that violate the FMLA or ADA (along with many other employment laws) could block an employer from lucrative federal contracts or subcontracts. Federal contractors and those
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PSL: How Does the Patchwork Grow?
However many patches it takes to make a paid sick leave patchwork, we are there…and adding more. Here are the patches added in 2016, thus far:
Alabama is now a kibosh state, joining about a dozen others that prohibit municipalities from passing a law requiring employers to provide employees with paid or unpaid leave. The…
New New York City PSL FAQs; Pittsburgh PSL Law Not Dead Yet
The New York City Department of Consumer Affairs, the agency that enforces New York City’s Earned Sick Time Law, has issued new and updated FAQs concerning that law. For additional information on the Department’s FAQ action, click here.
Meanwhile, Pittsburgh’s Paid Sick Days Act is not dead yet. A Court of Common Pleas struck…
Spokane PSL on the Way
Spokane may soon be the first 2016 PSL jurisdiction. Just 11 days into the New Year, its City Council passed a PSL ordinance. (Ordinance No. C35300). The mayor has vowed to veto it but the Council passed the ordinance by a wider margin than needed to override that veto.
The rhythm of the ordinance…
Train Agent’s Lilly Ledbetter Argument in ADA Demotion Claim Left on Platform
A plaintiff may not salvage her untimely ADA demotion claim by alleging that the statute of limitations began anew with each paycheck pursuant to the Lilly Ledbetter Fair Pay Act, according to the Second Circuit Court of Appeals. Davis v. Bombardier Transportation Holdings (USA) Inc. (Second Circuit, July 25, 2015).
The Lilly Ledbetter Fair Pay…
Stroke Victim Wanted More from Flossmoor under ADA
Sometimes it seems an employer has done a lot to accommodate an employee under the ADA, yet the employee claims the employer should have done more. The Seventh Circuit addressed such a situation in Swanson v. Village of Flossmoor (7th Cir. July 24, 2015).
A police detective in the Village of Flossmoor, IL had two…
The Evolving Paid Sick Leave Patchwork
Montgomery County, MD and Oregon passed it. California had passed it, then amended it within days after its effective date. In Massachusetts, the Attorney General issued regulations to implement it, and a court said the National Labor Relations Act does not preempt it. North Carolina, Maryland and New Jersey (and likely others) are considering it.…
Massachusetts Earned Sick Time Law Update: Final Regulations Issued
Thanks to our colleague Jeffrey S. Brody for this post.
The Massachusetts Attorney General’s office has issued the long-awaited final regulations for the Massachusetts Earned Sick Time Law. The final regulations are available from the AG’s website, at http://www.mass.gov/ago/doing-business-in-massachusetts/labor-laws-and-public-construction/earned-sick-time/.
Jackson Lewis will be discussing the final regulations in our complimentary webinar, “Navigating Massachusetts’ New…
New Jersey Lobbying Efforts Focused on Paid Sick Leave
In 2014, the introduction and passage of paid sick leave laws was one of the most popular issues among state and local legislatures around the United States. There has been significant debate among employee and employer-interest groups regarding the efficacy of these laws. It appears, based upon a report from the state Election Law Enforcement…
Eight Hours to be an FMLA “Overnight” Success
How long must an employee be in the hospital to satisfy the “overnight stay” requirement of the FMLA? “[F]or a substantial period of time from one calendar day to the next calendar day as measured by the individual’s time of admission and time of discharge,” according to the Third Circuit Court of Appeals. Bonkowski v.