Ohio Adopts Provisions of the FLSA to Eliminate Hybrid Actions and to Clarify Compensable Time
Ohio Governor Mike DeWine signed Senate Bill 47 (SB 47) into law on April 6, 2022. SB 47 goes into effect on July 6, 2022 and includes new Ohio Revised Code § 4111.031, which limits an employer’s obligation to pay overtime for certain work-related tasks that occur outside of the workday. Section 4111.031 largely mirrors Sections 2 and 4 of the Portal to Portal Act of 1947, an amendment to the Fair Labor Standards Act (FLSA), and incorporates the FLSA’s “opt-in” requirement for individuals who seek to join a collective action involving state-law claims for failure to pay overtime wages, making both state-law claims for failure to pay overtime or minimum wage “opt-in” under the Ohio law. Learn More
Washington Becomes Third Jurisdiction to Require Wage Disclosures in Job Postings
In an effort to close what is viewed as a persistent pay gap, Washington has amended its Equal Pay and Opportunities Act (EPOA) for the second time to require employers to include wage and benefit information in their job postings. This replaces the prior requirement that employers provide this information to applicants “upon request” after receiving a job offer. Washington is one of the first jurisdictions to require this information to be provided in job postings, following Colorado and New York City. Other jurisdictions have passed wage disclosure requirements and are likely to follow suit with respect to job postings. Learn More
U.S. Supreme Court Excludes Emotional Distress Damages from Remedies Available Under Rehabilitation Act and Affordable Care Act
On April 28, 2022, the U.S. Supreme Court narrowed the scope of damages available under the Rehabilitation Act of 1973 (Rehab Act) and the Affordable Care Act (ACA). In a 6-3 decision, the Court held that emotional distress damages are not recoverable in a private action to enforce either the Rehab Act or the ACA. Learn More
Connecticut Set to Enact Ban on Employer-Sponsored Meetings
On April 29, 2022, organized labor achieved a long-sought political objective when the Connecticut House of Representatives passed Senate Bill 163, “An Act Protecting Employee Freedom of Speech and Conscience.” Effective July 1, 2022, this legislation outlaws mandatory employer-sponsored meetings, often referred to by unions as “captive audience” meetings, which unions argue are major deterrents to labor organizing. If as expected the bill is signed by Governor Lamont, Connecticut will join Oregon as the only states with bans on employer-sponsored meetings. Learn More
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