HR In Aggregate: September 7th, 2022

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Hey Compliance Warriors!


Here are some of the highlights regarding CA, NY, NV, and federal employment law compliance. Read on…

Four Wage and Hour Takeaways for Employers Following Recent Nevada Supreme Court Decision

In a victory for employers in wage and hour class actions, on August 11, 2022, the Nevada Supreme Court affirmed the grant of summary judgment in favor of HG Staffing, LLC and MEI-GSR Holdings, LLC, d/b/a Grand Sierra Resort. In Martel v. HG Staffing, LLC, the named representatives in the class action appeal were former employees of the Grand Sierra Resort who alleged violations of Nevada’s minimum wage and overtime laws. In a unanimous opinion, the Nevada Supreme Court affirmed the lower court’s decision and announced rulings on four issues of first impression regarding Nevada’s wage and hour laws. Learn More

Nevada Supreme Court Affirms Termination for Off-Duty Recreational Marijuana Use

Ending years of discussion about the scope of state law employment protections for individuals who use marijuana recreationally, the Nevada Supreme Court has upheld a lower court’s decision to dismiss a complaint by an employee who was fired for testing positive for marijuana on a post-accident drug test. In Ceballos v. NP Palace, LLC, the employee asserted that the positive drug result was due to his use of recreational marijuana at home, that he was not intoxicated or impaired at work, and he had complied with state law. After his termination, the employee brought a complaint against his employer for damages under Nevada’s law protecting the off-work use of a lawful product and common-law tortious discharge. Learn More

California Legislature Advances Fast Food Industry Regulation Bill

A bill with significant implications for California’s fast food industry is on its way to Governor Newsom’s Desk. On August 29, 2022, the State Senate passed the Fast Food Accountability and Standards Recovery Act (AB 257). Among other things, the bill establishes a state Fast Food Council within the Department of Industrial Relations (DIR.) The Council will be empowered to impose sector-wide minimum standards on wages, working hours, and other conditions related to the health, safety, and welfare of fast food restaurant workers. If the governor signs this bill, it will take effect on January 1, 2023, without any required phase-in. Learn More

New York Department of Health Extends Deadline and Issues Additional Guidance for Health Care Worker Bonus Program

In early August, the New York State Department of Health (DOH) announced and opened the New York Health Care Worker Bonus (HWB) Program, which provides $1.2 billion dollars in health care worker bonuses to eligible employees. On August 29, the DOH issued updated guidance and addressed a number of questions raised under the Program. Notably, the DOH is affording employers a grace period for submitting claims for the first vesting period. The first vesting period was previously slated to close this Friday, September 2, but has now been extended to October 31. Employers impacted by this Program should review the updated FAQs and consult with employment counsel to ensure compliance with the requirements of the complex processes involved. Learn More

Dear Littler: Must we accommodate an employee’s religious views in every instance?

I’m an HR representative at an advertising agency based in New York City. We have a question about a religiously vocal employee. Recently she has made her opinions on homosexuality known to her entire department, emailing bible passages and lecturing her coworkers about what she calls “sinful” activity. Employees have complained. She says her religion obligates her to speak out. Last week she walked out of our annual anti-discrimination and harassment training during the module on sexual orientation and gender identity. We previously exempted her from the company’s mandatory COVID-19 vaccine policy based on her sincerely held religious beliefs. Now she claims the exemption extends to this training and her religious obligation to “spread God’s word.” Do we really need to accommodate her on this point? Where is the line? Learn More

How should a company intelligently adopt employment-focused artificial intelligence, or AI tools?

Employment-focused, artificial intelligence-driven tools promise – and deliver – significant operational efficiencies, cost savings, and enhanced workforce and workplace outcomes. These include tools related to recruiting, talent assessment, communication, disability accommodations, and safety. However, the inner workings of these emerging tools and technologies cannot be simply explained. Further, there is no clarity on how the use of AI will be regulated by Congress and the courts, particularly in light of heightened public concern that AI algorithms are capable of discriminatory bias. Forward-thinking corporations can take a pragmatic approach in adopting AI processes. Learn More


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Certified EEO Investigator (EEOC)

Lead Support and Content Chief – HelpDeskforHR.com

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