Tag Archives: labor law

Under the POWR Act, Colorado Workplace Harassment Law Departs from Federal Standards

Photo of Nathan A. SchachtPhoto of Alexis OpperBy Nathan A. Schacht and Alexis Opper on Posted in Harassment
In the next two months, significant changes are coming to Colorado’s Anti-Discrimination Act, otherwise known as CADA. The Protecting Opportunities and Workers’ Rights (POWR) Act creates a new, lower standard for workplace harassment, in addition to limiting the enforceability of nondisclosure agreements and creating new recordkeeping obligations for employers. The POWR Act was signed by … Continue Reading

New York Releases Latest Model Anti-Sexual Harassment Policy and Training

Photo of Amanda Van Hoose GarofaloPhoto of Fanny FerdmanBy Amanda Van Hoose Garofalo and Fanny Ferdman on Posted in New York
On April 11, 2023, the New York State Department of Labor, in collaboration with the New York State Division of Human Rights, released an updated model anti-sexual harassment policy and an updated model training. Among other things, the new model policy adds further context to the purpose of the law, considerations individuals should have when … Continue Reading

Giving Birth to Federalized Pregnancy Accommodation Standards: Pregnant Workers Fairness Act and Providing Urgent Maternal Protections for Nursing Mothers Act

Photo of Amanda Van Hoose GarofaloPhoto of Delores ChichiBy Amanda Van Hoose Garofalo and Delores Chichi on Posted in ADA, EEOC
Modeled after the Americans with Disabilities Act (ADA) and enforced by the Equal Employment Opportunities Commission (EEOC), the Pregnant Workers Fairness Act (PWFA) was passed with bipartisan congressional support as a component of the 2023 omnibus spending bill and signed by President Joe Biden on Dec. 29, 2022. The PWFA expands and federalizes pregnant employees’ … Continue Reading

Dobbs on Demand Podcast Series

Photo of Amy J. TraubBy Amy J. Traub on Posted in Dobbs
In response to the recent Dobbs v. Jackson Women’s Health Organization decision in which the Supreme Court overturned Roe v. Wade, BakerHostetler partners have developed a podcast series aimed at providing guidance and addressing questions pertaining to the new legal and business considerations that should be made in this new landscape.… Continue Reading

Washington Employers: Take Caution Before Asking Your Employees To Sign Confidentiality and Nondisparagement Agreements

Photo of James MorrisonBy James Morrison on Posted in Trade Secrets, Washington
For years, employers have insisted that confidentiality and nondisparagement agreements be included in settlement agreements in a variety of employment disputes, such as discrimination, harassment, wage and hour, and others. The reasoning is straightforward enough: Companies want to protect their reputations, and confidentiality/nondisparagement provisions in settlement agreements have been a way to ensure that unhappy … Continue Reading

FTC and DOJ MOUs with NLRB Reflect the Administration’s Ongoing Focus on Restrictive Labor Relationships and the Gig Economy

Photo of Daniel KaufmanPhoto of Marc AntonettiPhoto of Ann O'BrienBy Daniel Kaufman, Marc Antonetti and Ann O'Brien on Posted in NLRB
Last week, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) announced that the agencies had entered into a new Memorandum of Understanding (MOU). The FTC press release touted the MOU as a big deal, stating that it would “bolster the FTC’s efforts to protect workers by promoting competitive U.S. labor markets … Continue Reading

New DC Law Protects Marijuana Users from Adverse Employment Actions

Photo of Katherine Ondeck KentPhoto of Todd LebowitzBy Katherine Ondeck Kent and Todd Lebowitz on Posted in Policies
Washington, D.C., employers will soon be prohibited from disciplining, terminating or refusing to hire individuals based on marijuana use or a positive marijuana test. The Cannabis Employment Protections Amendment Act of 2022 will take effect on July 13, 2023, or shortly thereafter. The law, however, contains a few exceptions. Employers will not be in violation … Continue Reading

Colorado Approves Changes to Unemployment Insurance Notices

Photo of Jacob A. BrunerPhoto of Alexis OpperBy Jacob A. Bruner and Alexis Opper on Posted in Colorado, Wage and Hour
This past spring, Colorado legislators enacted several new employment-related laws, including Senate Bill 22-234. The bill provides $600 million in federal pandemic relief funds to replenish Colorado’s Unemployment Insurance Trust Fund and updates the notice requirements employers must follow when providing employees with information about unemployment insurance. … Continue Reading

California Supreme Court Allows Employees to Seek Derivative Penalties for Meal and Rest Break Violations

Photo of Vivian ShenPhoto of Michael ChamberlinBy Vivian Shen and Michael Chamberlin on Posted in California
On May 23, the California Supreme Court issued an opinion that will drastically increase the potential exposure for employers facing meal and rest break class actions. The court, in Naranjo v. Spectrum Security Services, Inc., ruled that employees who are entitled to meal or rest period premiums for denial of compliant meal or rest breaks … Continue Reading

You Think #MeToo Is Over? Think Again.

Photo of Amanda Van Hoose GarofaloBy Amanda Van Hoose Garofalo on Posted in Harassment
On Feb. 10, 2022, the Senate passed HR 4445, which, upon President Joe Biden’s expected signature, will amend the Federal Arbitration Act to allow an individual who is alleging sexual harassment or a sexual assault to elect to bring their claims to court, notwithstanding an arbitration agreement to the contrary. The amendment will be effective … Continue Reading

California Supreme Court Significantly Relaxes Employee Burden to Prevail on Section 1102.5 Claims

Photo of Shareef FaragPhoto of Matthew GoodmanBy Shareef Farag and Matthew Goodman on Posted in California
The Decision On Jan. 27, 2022, the Supreme Court of California issued Lawson v. PPG Architectural Finishes, Inc., No. S266001, ___ Cal. 5th ____, a decision that decisively changed the burden for employers in defending against claims under California’s general whistleblower statute — California Labor Code Section 1102.5. Since approximately 2000, California courts required that … Continue Reading

NLRB Makes Up More New Rules on Joint Employment

Photo of Todd LebowitzBy Todd Lebowitz on Posted in NLRB
Remember that kid in elementary school who, whenever you were winning at some made-up playground game, would change the rules in the middle? “Kids can be so unfair,” your parent might have said, trying to console you. “But when you get older, there are laws and rules, and they’re written down. Everyone knows what the rules … Continue Reading
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