HR Update: March 28th, 2023

“Stop-WOKE” Takes Aim at Florida’s Colleges and Universities

Florida’s most recent anti-“WOKE” legislation places diversity-related work and diversity-focused positions on state campuses under threat. House Bill 999 (Postsecondary Educational Institutions), which was approved in a 12-5 party-line vote on March 13, follows a movement in the state led by Republican Governor Ron DeSantis to limit discussions on race, gender identity and sexuality in schools. It is the latest installment in a series of similar bills that have been enacted in Florida. Last year, the governor signed into law the “Stop WOKE” Act (which is currently pending appeal), which seeks to restrict how conversations about race and gender take place at colleges and in workplaces by barring any discussion that would make people feel “guilty” or “uncomfortable” about past wrongs. Learn More

Utah Enacts Law Allowing Employers to Obtain Workplace Violence Protective Orders

On March 14, 2023, Utah Governor Spencer J. Cox signed HB 324 into law amending Utah’s protective order statute to allow employers to petition for and obtain workplace violence protective orders against an individual who has engaged in or threatened potential workplace violence. The law will become effective on July 1, 2023. Learn More

OFCCP Quietly Extends Deadline for Submitting Objections to EEO-1 Disclosures and Reveals Intention to Post EEO-1 Data on its Website

Last August OFCCP published a notice in the Federal Register advising employers that in response to a Freedom of Information Act (FOIA) request, the agency was planning to produce confidential information that is ordinarily protected from disclosure pursuant to a statutory exemption. To prevent their confidential EEO-1 data from being disclosed, employers had to file written objections with the agency. Some contractors have received written communications through the mail stating that employers have until March 31, 2023 to submit objections. Accordingly, it is not too late to submit objections. Learn More

Updated FCRA Summary of Consumer Rights Released with a Mandatory Compliance Deadline of March 20, 2024

On March 17, 2023, the Consumer Financial Protection Bureau (CFPB) published an updated version of the publication entitled, “A Summary of Your Rights Under the Fair Credit Reporting Act,” which is also called the “Summary of Consumer Rights.” This version will replace the version published in October 2018. Employers and consumer reporting agencies must provide the Summary to applicants and employees to comply with the federal Fair Credit Reporting Act (FCRA). Employers, for example, must include the Summary with every pre-adverse action notice. Learn More

Treasury Department’s Greenbook Discusses Tax Treatment of On-Demand Pay

The U.S. Department of the Treasury has released a document to explain the revenue proposals included in President Biden’s FY 2023 proposed Budget. For the second consecutive year, the General Explanations of the Administration’s FY 2023 Revenue Proposals, or “Greenbook,” contains specific provisions relating to the tax treatment of “on-demand pay” (a/k/a “earned wage access programs”), which generally allows employees to receive a partial payment of earned wages before their regularly scheduled pay dates. Learn More

Second Circuit Rejects Claim of Employee Fired for Refusing to Attend Training Session on LGBTQ Bias

The U.S. Court of Appeals for the Second Circuit has rejected an employee’s claim that he was unlawfully discriminated against based on religion after he refused to attend mandatory LGBTQ anti-discrimination trainings. In Zdunski v. Erie 2-Chautauqua-Cattaraugus BOCES, No. 22-547 (2d Cir. Mar. 13, 2023), the plaintiff sued his former employer, a public organization that provides educational programs and services to school districts, after he was terminated from employment. The district court dismissed his case, finding that the termination was not because of religion but for repeatedly refusing to attend mandatory employee training. The Second Circuit has now weighed in with a summary order affirming the lower court’s decision. Learn More

Utah Enacts Law Restricting Use of Vaccination or Immunity Status in Employment Decisions

The Utah legislature recently passed H.B. 131, which prohibits employers, government entities, and places of public accommodation from using an individual’s immunity status as a restriction. Utah Governor Spencer J. Cox signed the bill on March 15, 2023. The law goes into effect on May 3, 2023. Learn More