New York City’s recent ban on pre-employment marijuana testing, coupled with recent decisions in New Jersey and Connecticut, could give manufacturers cause for concern. Effective May 20, 2020, New York City employers will no longer be allowed to require pre-employment marijuana testing for most jobs, testing which historically has been a routine part of the … Continue Reading
Key Dates: May 31, 2019 and September 30, 2019 You may have been following the complex twists and turns involving the collection of employee pay and demographic data by the EEOC. While the landscape seems to be constantly changing, pending a stay of the court order in National Women’s Law Center, et al., v. Office … Continue Reading
With the Trump Administration now in its 27th month (half-way through the first term), Federal agencies seem to be picking up the pace of fundamentally altering the legal landscape in which manufacturers operate. Keeping up with these changes can be a full time job. In this blog post, I will highlight some of the more … Continue Reading
This week’s post is somewhat breathless because so much happened or is about to happen. You may have thought the government has been closed for the past 35 days. But just like great magicians who get you to watch their right hand while their left hand is going about the business of the trick, the … Continue Reading
When it comes to 2019 employment and labor developments for manufacturers, I predict …. much more of the same. The election of President Trump and a Republican controlled House and Senate in November 2016 brought a roll-back back from the aggressive enforcement policies of the Obama administration. Simply speaking, the Federal Government has limited or … Continue Reading
Before ringing in the New Year, manufacturers bidding on competitive New York State contracts should keep in mind that after January 1, 2019, entities submitting bids must certify that they have adopted a sexual harassment policy that meets New York State’s mandated minimum standards, and provide annual training for all employees, including those working outside … Continue Reading
Before answering that question, manufacturers should ask whether the they host a website where individuals can access information about products and services, view demonstrations, submit requests for price quotes or apply for a job. If so, then the website may not be handicap accessible. Title III of Americans with Disabilities Act (“ADA”) requires goods, services, … Continue Reading
Last month, I posted about New York State’s recently enacted law mandating all New York State employers adopt Sexual Harassment Policies and train all employees annually. See “Time to Catch the “Train” – The New York Gender-Based Harassment Train.” The Department of Labor published for public comment its August 23, 2018 draft sexual harassment training … Continue Reading
Continuing its aggressive measures to combat workplace sexual harassment, on August 23, the New York State Department of Labor issued for public comment a draft sexual harassment training program, a checklist of minimum standards for compliant sexual-harassment policies, and a list of FAQs. The materials can be found here. In addition, the New York City … Continue Reading
James Madison groupies rejoice! All others can share my confusion. Called the “Father of the Constitution,” scholars credit Mr. Madison for his significant role in the fundamental design of the United States Constitution, where power was distributed between the states and the federal government, and power within the federal government was distributed among three … Continue Reading
National Labor Relations Board General Counsel Peter Robb issued a June 6 memorandum outlining his views on the legality or illegality of handbook rules in light of recent Trump NLRB decisions. That guidance, which can be found here, gives an overview of Robb’s interpretation of the law. Robb’s guidance represents a radical shift away from … Continue Reading
Manufacturers in Alaska, Arizona, California, Connecticut, Hawaii and Vermont face new limits on the use of an employee’s salary history. The state legislatures in Connecticut and Vermont have both adopted laws banning manufacturers from asking about an applicant’s prior salary. Those laws are expected to be signed by the Governors of those states and will … Continue Reading
The New York State Legislature and New York City Council adopted broad new requirements to combat workplace gender-based harassment. New York State’s new obligations were signed into law on April 12 and take effect at different times over the next 180 days. New York City’s new requirements take effect on April 1, 2019. New York … Continue Reading
Two recent developments, generated from the tidal forces of the #MeToo movement should get manufacturers’ attention. On December 22, 2017, Congress adopted a comprehensive tax reform law. Included in the statute is an amended Section 162(q). That provision states that manufacturers may no longer deduct from federal income tax “(1) any settlement or payment related … Continue Reading
As has been our tradition, January is the time to predict the big developments in the coming year that will impact manufacturers. In January 2017, notwithstanding my “Lawyer’s Shrug,” I predicted Congress was unlikely to raise the minimum wage, but states and cities would attempt to do so; the National Labor Relations Board would turn … Continue Reading
As we mark the Manufacturing Law Blog’s 5th anniversary, I am also pleased to announce the launch of our new manufacturing law website. To access it, please click here. Last week, Megan provided our thoughts and predictions for environmental, health & safety. This week, I am providing our outlook for corporate compliance and litigation. GDPR … Continue Reading
Effective October 31, 2017, New York City becomes another jurisdiction making it unlawful for manufacturers and other employers to ask most job applicants for information about their prior or current salary, compensation or benefits. Adopted by the City Council earlier this year, the new law seeks to eliminate wage inequality experienced by women and minorities … Continue Reading
Readers of this space may recall my recent posts highlighting court and legislative changes to employment laws, regulations and policies affecting manufacturers. See e.g. “‘Manufacturing’ Law: Courts Also Move to Fill the Void,” “INTERESTING UPDATE: ‘Manufacturing’ Law: Courts Join the States to Fill the Void,” and “The DOL Seeks to Change the Tide.” While … Continue Reading
In a May 16 Blog Post, I reviewed several cases dealing with the question of whether Title VII’s ban on discrimination “because of . . . sex” included a ban on discrimination “because of sexual preferences.” I summarized three recent decisions by the United States Courts of Appeal – the Eleventh Circuit holding Title VII … Continue Reading
Last month, I wrote that in the absence of significant Congressional action on the labor and employment front, states and cities are increasingly willing to take steps to improve employment protections. Some courts appear willing to join in – challenging longstanding precedent and finding protections and safeguards not previously recognized. Four separate decisions in the … Continue Reading
Some manufacturers may interpret the “Epic Fail” of Congress to repeal the Affordable Care Act as a sign of stability in the labor and employment landscape. After all, one thing which the new Administration and Congressional Republicans had in common was their seven-year pledge to repeal “Obamacare.” When compared to the divergent views on other … Continue Reading
As has been our tradition, January is the time to predict the big developments in the coming year which will impact on manufacturers. Notwithstanding my “Lawyer’s Shrug,” here is my take on 2017. Minimum Wages. Even though President Trump ran on a populist platform to raise wages for American Workers, I believe it unlikely Congress … Continue Reading
I am a really big fan of the NPR radio show, “Car Talk,” where two Boston auto mechanics took callers’ questions and tried to answer them. Since the November 8 election, I have freely adapted one of their signature phrases – I call it the “Manufacturers’ Lawyers’ Shrug.” Basically, when I attend any event and … Continue Reading
I had a blog piece almost done. It was going to give an overview of another NLRB case which threatened to overturn settled law and expand the rights of unions to organize. I was going to use it as another “Year of Change” post. Then the votes got counted. Wow. After eight years of ever … Continue Reading
