Workforce Bulletin

On October 1, 2020, numerous laws in Maryland providing expanded protections for both existing employees and job applicants addressing race and sex discrimination, pay equity, and wage transparency went into effect.  As we begin a new year, employers should review these new laws to ensure compliance.

Expansion of Employers’ Notification and Reporting Obligations for Workforce Layoffs

Maryland has instituted its own version of the federal Worker Adjustment and Retraining Notification (“WARN”) Act with the passage of H.B. 1018/S.B. 780. This “mini” WARN Act revises ...

The California Privacy Rights Act (“CPRA”) leaps forward on cybersecurity by amending the California Consumer Privacy Act (“CCPA”) to impose enhanced protections. The CPRA enhancements apply to “for profit” companies and other organizations: (a) with more than $25 million in gross revenues in the preceding calendar year, or (b) that annually buy, sell or share the personal information of 100,000 or more consumers or households, or (c) that derive at least 50 percent of their annual revenue from selling or sharing consumer personal information ...

As featured in #WorkforceWednesday:  President-Elect Biden has chosen Marty Walsh to serve as Labor Secretary in his administration. Walsh is Boston’s mayor and a former top union leader. Attorney David Garland tells us more.

Video: YouTube, Vimeo, Instagram.

As of December 29, 2020, Michigan employers are no longer required to permit employees to self-quarantine for up to 14 days due to alleged close contact with an individual displaying COVID-19 symptoms. Recent amendments to Michigan’s Anti-Retaliation COVID-19 law reflect updated CDC guidance reducing the recommended length of quarantine for individuals who suspect exposure to COVID-19. Previous CDC guidance recommended that individuals quarantine for up to 14 days following close contact with an individual displaying COVID-19 symptoms. Now, the CDC recommends a 10-day ...

On October 30, 2020, the Department of Labor (DOL) adopted the Final Rule amending the Investment Duties DOL Regulation, §2550.404a-1, which governs the obligations of ERISA fiduciaries when selecting investments for ERISA plans.  The Final Rule made several changes to the June 2020 Proposed Rule, which proposed to define the duties of fiduciaries when considering investments that promote environmental, social, and corporate governance goals (ESG investments).  As reported here, DOL received extensive and largely negative comments to the Proposed Rule and most of the ...

As many employers approach their one-year anniversary of working from home, it is obvious that the COVID-19 pandemic has permanently changed both how and where we work. By 2025, an estimated 36.2 million Americans will be working remotely—a staggering 87% increase from pre-pandemic levels.  Moreover, surveys reveal that company leaders plan to permit employees to work from home at least part of the time upon reopening their offices. However, a remote workforce poses a challenge for employers that must display certain notices and posters in their workplaces to advise employees of ...

As featured in #WorkforceWednesday:  The past year tested our resilience, and COVID-19 forced everyone to think creatively and adapt quickly. Nowhere was that seen more clearly than in the workplace. See our video featuring attorneys Brian Cesaratto, Denise Dadika, Nathaniel Glasser, RyAnn McKay Hooper, Shawndra Jones, Cassandra Labbees, Robert O'Hara, and George Carroll Whipple.

Video: YouTube, Vimeo.

On November 16, 2020, the Russian government approved new rules increasing the rates of remuneration employers must pay employees for their inventions, utility models and industrial designs (the “Rules”).  The Rules will be effective from January 1, 2021 until January 1, 2027.

Employers’ Rights to Their Employees’ Patentable Objects and Employees’ Entitlement to Remuneration

In Russia, the exclusive rights to patentable objects (e.g., inventions, utility models and industrial designs) that employees create as part of their employment duties or as a specific task ...

The Families First Coronavirus Response Act (“FFCRA” or the “Act”) paid leave mandates are set to expire on December 31, 2020.  As explained in our March 20, 2020 Act Now Advisory, the FFCRA requires employers with fewer than 500 employees to provide up to 80 hours of Emergency Paid Sick Leave and up to 12 weeks of Public Health Emergency Leave due to COVID-19-related reasons.  The FFRCA also provides employers with a payroll tax credit equal to 100 percent of the cost of the paid leave taken by employees in accordance with the Act.

With COVID-19 continuing to surge across the ...

On December 23, 2020, Governor Cuomo signed into law Assembly Bill A5240A (“Law”), amending the State’s Civil Rights Law and Education Law to make all single-occupancy bathrooms located in public places, including schools, restaurants, bars, and other establishments, gender-neutral. The Law closely mirrors a similar New York City law passed in 2016, and marks a step toward equal access to public space for transgender and gender nonconforming individuals across the State.

Much like its New York City counterpart, the Law does not require businesses or schools to build new ...