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New York State Employers
On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers regarding “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” (the “Q & A”). The Q & A was first issued at the start of the pandemic in early 2020, and has been updated several times since then.
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.