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The Chicago City Council recently amended the Chicago Municipal Code with respect to sexual harassment in the workplace. Failure to comply with these amendments, which take effect on July 1, 2022, could result in daily penalties of $5,000 to $10,000.
In the wake of the COVID pandemic and challenging social justice issues, many employers have pledged increasing support and wellness programs for employees dealing with mental health issues. One way employers can make good on these promises (and comply with the law) is by recognizing the application of the Family and Medical Leave Act (FMLA) to situations where leave is needed for a mental health reason.
In Lucht's Concrete Pumping, Inc. v. Horner, 255 P.3d 1058 (Colo. 2011), the Colorado Supreme Court held that continued at-will employment provides sufficient consideration for a noncompetition covenant entered into after the commencement of employment. The 2022 amendments to the Colorado noncompete statute (C.R.S. 8-2-113) now call that holding into question.
Since 2020, New York State (“NYS”) and New York City (“NYC”) have passed laws aimed at alleviating gender- or race-based wage disparities.
On March 15, 2022 – National Pay Equity Day in the US - the Office of Federal Contract Compliance Programs (“OFCCP”) issued its first directive under the Biden administration, Directive 2022-01 (the “Directive”). The Directive outlines federal contractors’ new obligation to produce pay equity audits to the OFCCP and confirms earlier signals that the agency will have a renewed and aggressive focus on pay discrimination under the Biden administration.
As the second year of the COVID-19 pandemic ends, employers and employees alike continue to juggle a variety of demands. Finding a balance for these obligations can often result in both practical and legal considerations. This is especially true for employees with caregiving responsibilities for children, spouses, partners, older relatives, individuals with disabilities, and others. As a result, on March 14, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) published new guidance for employers regarding the application of existing federal employment discrimination legal principles involving caregivers to situations related to the COVID-19 pandemic (the “Guidance”).