Rojgar Job News

Earlier this week, the Judiciary Committee (by a 25-16 vote) approved of Senate Bill 132, being labelled by it’s proponents as the “Time’s Up” bill but covers both harassment and discrimination cases. I covered an announcement of this a while back.   As the bill moves closer to consideration now to the state Senate, it’s time for employers to start paying attention to what’s in the bill.  The CBIA has expressed concerns about some aspects of the bill. Here are a few highlights: To require employers to provide every employee with information concerning the “illegality of sexual harassment and remedies available to victimes of sexual harassment”. To require employers of  three or more employees (currently set at 50) to provide two hours of sexual harassment prevention training and with such training being provided not just to supervisory employees, but  all employees. To eliminate affirmative defenses that employers oth...

There’s been a lot in the news of late about “outrageous” provisions found in an separation agreement between an employer and an employee, like confidentiality.  Indeed, some proposed legislation would restrict the use of some provisions.   So I thought it would be helpful to go over what we  typically see in a separation agreement. First a big caveat: My description of a “typical” agreement does not mean that these provisions are in  every agreement or even that these provisions ought to be in  some agreements. Each separation or settlement has differing facts that may make certain provisions more important than others. And some employers or employees negotiate differently. In other words, there is not a one-size-fits-all to this and employers should definitely not attempt to do this without legal guidance. One more caveat, back in 2009, I provided a link to a great checklist that existed at the time about key provisio...

The 2018 session of the General Assembly started last week and increasing workplace training is a top priority for passage. Indeed, it is not surprising that we’re starting to see the first proposed legislation to address the number of harassment claims that have been making headlines the last six months. Governor’s Bill 5043 sets up the following changes: First, it would increase the number of employers that need to provide anti-harassment training — resetting the number of employees needed to fall under the statute from 50 to 15. Second, the bill would also require  all employees (not just supervisors and managers) to undergo two hours of what it calls “awareness and anti-harassment compliance training” and have that training updated every five years. The training that now is just focused on sexual harassment prevention in the workplace, but would also be expanded to include all types of harassment—including that based on race, color, religiou...

Today is the last day of the General Assembly session and there are only so many hours to debate and pass bills. And so, in a year when so many labor & employment law bills were up for consideration, it’s come down to a finish line where just one or two might pass. The Pay Equity bill I highlighted earlier this week is on to the Governor’s desk, where he has indicated he will sign it. But the bill making broad changes to the harassment and discrimination laws in the state now appears to be on life support. Perhaps even “mostly dead”. You will recall from my post earlier this week that the bill passed the Senate with an overwhelming majority with language that seemed to have broad support. According to a report in CT News Junkie, a deal has yet to be reached in the House and there may be too many issues with it to come to a deal today. At issue has been the language eliminating the statute of limitations for some sex crimes.  It’s possible that a fi...

Senate Bill 3, titled “Combatting Sexual Assault and Sexual Harassment” has been modified since first introduced and passed the Senate late last week.  Despite the title, the bill would impact every discrimination case filed in the state and would make significant changes to the sexual harassment prevention training requirements. It is awaiting a vote in the House and now’s the time for employers to see the major changes being proposed. Let’s wait to see what final passage looks like but as it stands right now, here are the key changes: The bill expands sexual harassment prevention training to cover all employers who have supervisors and non-supervisors for employers with 3 or more employees.  The CHRO is to develop free, online training that employers can use.  Training must be updated every ten years by employers. Employers will be required to send a copy of a Sexual Harassment Policy via e-mail to its employees or post on its website if employe...

At the stroke of midnight last night, the 2019 General Assembly came to a close. I think it’s fair to say that 2019 will go down in history not for the number of bills impacting employers, but for the breadth of the few that passed. I’ve recapped the bills in some prior posts, but here’s what employers need to know (thus far) about this legislative session. MINIMUM WAGE The Governor has already signed the biggest increase to minimum wage we’ve seen in many years. The new schedule is as follows: $11.00 on October 1, 2019 $12.00 on September 1, 2020 $13.00 on August 1, 2021 $14.00 on July 1, 2022 $15.00 on June 1, 2023 And understand that there will be future increases automatically after that time.  The state did not make changes to the tip credit but did make changes to training wages. My full post about it is here.  PAID FMLA Starting January 1, 2022, the state’s FMLA law is being expanded significantly in several ways. First, it will apply ...

Illinois Restricts Use of Artificial Intelligence in Hiring On May 29, 2019, the Illinois Legislature unanimously passed the Artificial Intelligence Video Interview Act , which, not surprisingly, addresses how employers use artificial intelligence to analyze job applicant video interviews to determine the applicant’s fitness for the position.  Under the new law (assuming it is signed by the Governor, as anticipated), before requesting an applicant submit to a video interview, employers will be required to: notify applicants for positions based in Illinois that it plans to have their video interview analyzed electronically; explain how the artificial intelligence analysis technology works and what general characteristics it will use to evaluate candidates; and obtain the applicant’s consent to these procedures (note: consent does not have to be in writing). Under the bill, employers are required to destroy all copies, including back-ups, of an applicant’s video int...

On June 25, 2019, Illinois governor J.B. Pritzker signed HB 1438, the Illinois Cannabis Regulation and Taxation Act (“CRTA”), which, as of January 1, 2020, legalizes recreational use and possession of marijuana by adults aged 21 or older.  Illinois is now the eleventh US state to adopt a general law authorizing adult recreational use of marijuana (joining Alaska, California, Colorado, Maine, Michigan, Massachusetts, Oregon, Nevada, Vermont, and Washington, plus the District of Columbia).  And thirty-three states have enacted medical marijuana laws.  (We have posted about these and other marijuana-related developments impacting the workplace, for example, here, here, and here.)  What makes Illinois’ new law unique among these other states’ laws is its breadth.  For example, the CRTA addresses and attempts to create remedies for social inequities created through past enforcement of drug-related laws by authorizing the expungement of crimina...

Although industrial relations did not heavily feature in the Coalition’s election campaign, now that the dust has settled on its re-election the Government has announced a Review of industrial relations laws. The areas to be targeted include: Casual employment Industrial Relations Minister Christian Porter has confirmed that he does not believe casual employment in itself to be problematic. However, he has acknowledged the popular view that the definition of casual employment requires clarity. The issue has been a hot topic in Australia for some time, particularly following a 2018 Federal Court decision which reviewed the definition of “casual employment” and the offset between casual loadings and permanent employee entitlements and the subsequent introduction of the Fair Work Amendment (Casual Loading Offset) Regulations 2018 , to prevent casual employees’ “double dipping” entitlements (that is, to be paid casual loadings, but upon being correctly re...

The Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019 introduced to the House of Representatives on 4 July passed the House at the end of the month and is now before the Senate. The Bill forms part of the Government’s broader agenda on industrial relations reform to increase the regulation of unions in the wake of the Royal Commission into Trade Union Governance and Corruption. The Bill was rejected by Parliament in 2017. However, after the much-publicised guilty plea by the Victorian Branch Secretary of the CFMMEU to harassing his wife via a carriage service, and his subsequent refusal to step down in the face of public and political pressure, the Government has reintroduced the Bill with renewed confidence. In its current form, the Bill includes the following amendments to the Fair Work (Registered Organisations) Act 2009 : extending the automatic disqualification regime which prohibits a person from acting as official of a registered organisation to...

There is a law in Poland guaranteeing minimum pay for work. There are rules how its amount is calculated and agreed. There are also upcoming elections in October 2019 which may unexpectedly influence its amount. The national minimum pay is reviewed annually. In 2018, for a full-time employee it was PLN 2100, increased in 2019 to PLN 2250 per month. What will it be in 2020? By 15 th June each year, the government proposes to the Social Dialogue Council (formed by the representatives of trade unions – employers – government) its suggested level of national minimum pay for the following year. The Council has then 30 days to agree the amount of the increase. The new national minimum pay is then announced in the Official Journal “Monitor Polski” by 15 th September each year, whether it is agreed by the Council or, in the traditionally more likely case of there being no agreement, it is decided unilaterally by the government. However, the government cannot unilateral...

On August 9, 2019, Illinois Governor JB Pritzker signed into law the Illinois Workplace Transparency Act (“WTA”), imposing new requirements and modifying existing laws in ways that will impact nearly all Illinois employers – and may be a signal of things to come in other US states.  The WTA aims to address concerns raised through the #MeToo movement regarding the frequency of sexual harassment occurrences and concealment of claims of such unlawful conduct.  But the WTA also goes beyond concerns regarding sexual harassment and addresses prohibitions against other unlawful employment practices and concealment of such claims, and creates broad restrictions on confidentiality provisions that are commonly included in employment and separation agreements, amending the Illinois Human Rights Act to expand protected categories under the law and require disclosures about legal claims of unlawful employment practices, and limiting the use of arbitration agreements. ...

AB 5, and its “ABC test,” expected to have greatest impact in “gig economy” jobs, but impact certain to be even more widely felt After a summer of lobbying and debating, the California Assembly adopted AB 5, a headline-grabbing law purporting to transform the status of gig-economy workers at companies like Uber, Lyft, and DoorDash.  Proponents of the law assert that it will force those companies to treat those persons performing work as independent contractors like employees, with all of the legal protections that entails – minimum wage, overtime, workers’ compensation, paid sick leave and reimbursement of expenses just to name several.  Critics at companies like Uber are publicly declaring they do not believe it will change their relationship with gig workers while they are reportedly meeting behind closed doors with California Governor Gavin Newsom, who has stated he is still open to negotiating possible changes to the law before he signs ...

On 9 September 2019, the UK government announced changes to the Immigration Rules, which go on for nearly 100 pages. Read a summary of the key changes of most direct relevance to employers, sponsors and recruiters, and view the full Statement of Changes online. In addition to these changes, there has been another important and very recent government proposal relating to Tier 4 international students for the 2020/2021 intake – that is, that they will be able to stay in the UK for two years beyond completing their course. It is understood that such students will be issued a two year post-study work visa without needing a job offer or an employer to sponsor them and without any restriction on the type of work they can do. Since 2012, most students graduating from a UK university have had just four months from the end of their studies to change visa category (i.e. into Tier 2, which carries minimum salary thresholds and other costs and administrative burdens, and arguably makes t...

In the employment world, some legislative ideas just don’t work. Some have promise initially but don’t survive their first encounter with the real world – take a look at 2001’s Dignity at Work Bill, for example, to all outward appearances a brilliant spoof of a real piece of legislation but clearly written by someone with no actual experience of the workplace whatsoever. Other ideas make it into law but are by common and unspoken consent then broadly ignored, like employee shareholder status and (for those of a certain vintage) the Statutory Grievance and Disciplinary Procedures, both introduced to great fanfare and repealed in embarrassment and confusion very shortly afterwards. On the other hand, some ideas are so clearly and irretrievably doomed from the very moment of their conception that they do not deserve to see the light of day at all. And so a big hand, please, for the TUC’s proposal to introduce legislation to outlaw workplace discrimination on t...

California Governor Gavin Newsom just signed a new batch of worker-friendly laws sponsored by Democrats in the California Assembly and Senate.  These laws cover a range of topics from arbitration agreements to workplace safety. AB 51 will garner particular attention because not only does it substantially prohibit arbitration agreements, it criminalizes them.  The new law applies to contracts for employment entered into after January 1, 2020.  It precludes requiring an applicant or employee, “as a condition of employment, continued employment or receipt of any employment-related benefit . . . to waive any right, forum or procedure” for any claim arising under California’s Labor Code and its Fair Employment and Housing Act.  The lawmakers anticipated that employers might try to sidestep this law by including an opt-out provision in otherwise mandatory arbitration programs.  To that end, the law also provides that “an agreement that requires...

Many individuals with disabilities use service animals to help them fully engage in everyday life.  Animals, particularly dogs, can be trained to perform a wide range of tasks to help people with disabilities, and the number of tasks these specially trained animals can perform continues to grow. As a result, more applicants and employees are requesting the use of service animals as a reasonable workplace accommodation for a variety of different disabilities.  In addition, the growing popularity of emotional support animals adds another layer of complexity to the issue of animals in the workplace for employers.  Because the law in this area is somewhat murky, employers must use caution when addressing service animal/emotional support animal accommodation requests and need to be prepared to address the potential challenges that such accommodations can entail. Animals as Accommodations under the ADA Title I of the Americans with Disabilities Act (ADA), which specifically add...

Who will be cheering and who will be jeering in this new decade may depend on the outcome of several key cases, pending regulations, and potential state and local law reforms. Below, we provide you with a brief overview of some key issues that may dominate the legal landscape in 2020 and beyond. Notable Cases With Potentially Far-Reaching Impact   US Supreme Court Decisions Regarding LGBT Rights This is undoubtedly the most hotly-anticipated court outcome of the coming year because of its significant impact on the civil rights of more than 8 million LGBT individuals in this country. As you may recall from our earlier post, on October 8, 2019, the United States Supreme Court heard oral argument in three cases involving employees who allege they were terminated from their employment because of their LGBT statuses in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”); specifically, the statute’s prohibition on discrimination “because of sex....