On July 6, 2021, the parties to a lawsuit challenging the Colorado Equal Pay for Equal Work Act (CEPEWA) filed a stipulation to dismiss the action without prejudice, with the litigants bearing their own costs and attorneys’ fees. On July 7, 2021, the case was terminated pursuant to the stipulation of dismissal.
State & Local Employment Law Developments: Q2 2021
The second quarter of 2021 continues the trend of increasing regulation of the workplace by state and local governments. Several new and revised state and local workplace regulations became effective or will soon be effective, including a trend towards a broader inclusiveness in leave laws. This update reviews these new requirements and recaps Q2 state and local employment law developments to help you and your organization stay in compliance.
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OFCCP Publishes 2021 Corporate Scheduling Announcement List for Upcoming Audit
Federal contractors should immediately review the Fiscal Year 2021 Corporate Scheduling Announcement List (CSAL), released on July 1 by the Office of Federal Contract Compliance Programs (OFCCP), to see if they have been selected for a future audit.
This CSAL notifies 750 Supply & Service establishments (locations) of upcoming audits and is the only advance notification to the contractor of the upcoming audit. In years past, establishments selected for an audit received notice by mail in the form of a Corporate Scheduling Announcement Letter. But now, OFCCP is exclusively posting the CSAL online.
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Clearing the Fog: What Employers Should Look Out for Following Connecticut’s Legalization of Recreational Cannabis
Connecticut has joined the budding number of states legalizing recreational cannabis use. On June 22, 2021, Connecticut Gov. Ned Lamont signed An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis (RERACA), which permits adults ages 21 and older to possess and use recreational cannabis. While the added strain on employers will not take effect until July 1, 2022, organizations should begin reviewing their current drug screening and testing policies and processes with employment counsel — and revisit training with hiring managers, HR professionals and supervisors.
Equal Pay Compliance Statements – Yet Another Amendment to the Illinois Equal Pay Act
Earlier in the year, we reported here about recent amendments to the Illinois Equal Pay Act (“EPA”) that would require employers with more than 100 employees in the State of Illinois to obtain an equal pay registration certification from the Illinois Department of Labor (“IDOL”) by March 2024. On June 25, 2021, Governor Pritzker signed into law additional amendments to the section of the EPA that address this reporting requirement. In summary, the most recent amendments address the following:
Ninth Circuit Decision Provides Potential Defense Strategy for Employers Facing PAGA Suits
In Magadia v. Wal-Mart Associates, Inc., the Ninth Circuit Court of Appeals tossed a $100 million-plus judgment against Walmart and held that employees lack standing to bring a claim under California’s Private Attorneys General Act (PAGA) for labor code violations that they themselves did not suffer. Among other highlights, the federal appeals court found that California’s wage-statement law does not require employers to list a corresponding hourly rate when making a lump sum overtime adjustment payment. The decision provides helpful precedent for businesses litigating wage-and-hour class and representative actions, as well as employers with similar bonus schemes to Walmart.