Philadelphia City Council enacted an ordinance, effective immediately, requiring all Philadelphia taxpayers to report any changes to their federal taxable income (as a result of a resolution of an audit, agreement with the IRS or court proceeding) to the Philadelphia Revenue Department (the Department). See our Tax colleagues’ more detailed alert on this ordinance here.… Continue Reading
Tara L. Humma
EEOC ANNOUNCES NEW DEADLINE FOR FILING 2019 AND 2020 EEO-1 EMPLOYER DATA
In May of 2020, we reported that the EEOC announced that it would delay collection of 2019 EEO-1 Component 1 data from employers due to the COVID-19 pandemic. The EEOC announced today that collection of 2019 and 2020 EEO-1 data is now open and the data must be submitted by July 19, 2021. … Continue Reading
NEW JERSEY ISSUES GUIDANCE ON EMPLOYER-MANDATED VACCINES
The New Jersey Department of Health and the Department of Law and Public Safety (which oversees the New Jersey Division on Civil Rights) have issued guidance in the form of FAQs regarding the right of employers to mandate the COVID-19 vaccine under New Jersey law. The guidance generally tracks that published by the federal Equal Employment Opportunity Commission in December.… Continue Reading
New Jersey Governor Expands Capacity Limits for Dining and Indoor Gathering
Governor Phil Murphy signed Executive Order 230 on Thursday, March 11, 2021, that expands capacity limits for a number of social and business activities and events, including indoor and outdoor gatherings, sports activities and indoor dining and services. The Executive Order goes into effect on Friday, March 19, 2021 at 6:00AM.… Continue Reading
Employee Files Suit Alleging Employer-Mandated COVID Vaccine Violates Emergency Use Authorization Law
On February 28, 2021, an employee of a county detention center filed suit in federal court in New Mexico seeking an injunction to prevent the employee from being fired for refusing to get a COVID-19 vaccine on the basis that the vaccines have only been approved by the U.S. Food and Drug Administration (FDA) under an Emergency Use Authorization (EUA) and cannot be mandated by employers under the EUA law.… Continue Reading
NJ Enacts Recreational Marijuana Legislation with Employment Protections
In November, New Jersey voters said “yes” to the legalization of recreational marijuana. On February 22, 2021, Governor Phil Murphy signed legislation that legalized and decriminalized recreational marijuana and established a system for a recreational marijuana industry in New Jersey.
Importantly, the new legislation addresses many issues of significance affecting the employer-employee relationship. … Continue Reading
Podcast – The Next Wave of Employer Liability
Louis Chodoff leads a discussion with his Labor and Employment colleagues Karli Lubin and Tara Humma. The group discusses the various liability issues that may arise as employers work to bring employees back to the physical workplace, including claims about workplace safety, vaccination policies, overtime claims arising from work from home, and activity created by the new Biden administration’s Labor and Employment Policies.… Continue Reading
New NLRB Leadership Rescinds Trump-Era Memos
The newly appointed Acting General Counsel of the National Labor Relations Board, Peter Sung Ohr, rescinded 10 General Counsel Memoranda issued by his predecessor that provided guidance on issues including: standards for review of employer handbook policies, handling of charges involving allegations that unions have breached the duty of fair representation, deferral of unfair labor practices to grievance arbitration, decertification petitions, and the obligations of unions to notify bargaining unit members of their rights not to pay dues.… Continue Reading
DOL’s Approach to Independent Contractors under the FLSA in Flux Following Change in Administration
When someone should be treated as an independent contractor has huge implications for companies under a variety of state and federal laws that have their own standards. Unfortunately for employers, the DOL’s view of how the so-called economic reality test under tCathe FLSA should be interpreted is in flux, making compliance very challenging.… Continue Reading