HR Update: July 6th, 2023


WARNing: Amendments to the New York WARN Act Regulations are Now in Effect
Compliance with the New York Worker Adjustment and Retraining Notification (NY WARN) Act just got harder (again). On June 21, 2023, the New York Department of Labor’s amendments to the NY WARN regulations took effect and some of the changes are sweeping. Learn More


Illinois Governor Amends Labor Disputes Act
On June 9, 2023, Illinois Governor J. B. Pritzker signed into law HB 2907 and HB 3396, amending the Illinois Labor Disputes Act to expand protections for striking workers. The new law restricts defensive measures available to employers affected by picket activity. Specifically, HB 2907 limits the amount an employer can recover for damages it suffers as a result of a labor dispute. HB 3396 makes it a Class A misdemeanor with a minimum fine of $500 to place any object in the public way with the intent of interfering with, obstructing, or impeding a picket or other demonstration or protest. The amendments are slated to take effect on January 1, 2024. Learn More


New York Mandatory Nurse Overtime Law Amendments Take Effect
Significant amendments to New York law regarding mandatory overtime for nurses took effect on June 28, 2023. The changes resulted from New York Assembly Bill 970 / Senate Bill 850, which Governor Hochul signed in March, amending Section 167 of the Labor Law. The legislation involved a “chapter amendment” modifying a bill previously signed by the governor on December 30, 2022. Learn More


Connecticut Expands Paid Sick and Safe Leave Uses
On June 26, 2023, Connecticut’s governor signed SB 2, which expands the reasons covered employees can use leave under the state’s paid sick and safe leave law, effective October 1, 2023. Employers have three months to review and, if necessary, revise their leave policies and practices and educate their employees on the new paid sick and safe leave uses. Learn More


New Jersey Court Imposes Limits on State Law’s Near-Limitless Definition of Disability
Although both the New Jersey Law Against Discrimination (LAD) and the federal Americans with Disabilities Act (ADA) prohibit disability and perceived disability discrimination in the workplace, the LAD definition of “disability” is significantly broader than is the federal ADA definition. As a result, many employers have assumed – often correctly – that virtually any medical condition may constitute a covered disability under the LAD, triggering that law’s reasonable accommodation obligations and termination precautions. On June 7, 2023, in Guzman v. M. Teixeira International, Inc., the New Jersey Appellate Division showed a willingness to limit the LAD’s seemingly boundless definition of “disabled,” ruling against an employee alleging a perceived disability claim involving COVID-19. Learn More


California Could Revive the Industrial Welfare Commission
As happens this time every year in California, legislators and the governor are crafting a state budget for the upcoming fiscal year. The budget bill currently under consideration in Sacramento contains a startling and momentous provision: reinstatement of the California Industrial Welfare Commission (IWC), which in the past had regulated the wages, hours and working conditions of employees in California. The reestablishment of the IWC portends new and more burdensome minimum wage, overtime, meal and rest period and related obligations for employers. A re-funded IWC could also potentially venture into new areas that have blossomed in the last 20 years in labor and employment law: joint employment, independent contractor status, predictive scheduling, leaves of absence, and the like. Learn More


July Is the New January: The Pace of New State Laws Heats Up
Traditionally, January 1 has been the key date for which employers must prepare to implement new labor and employment compliance obligations for new laws passed within the previous year. For the past several years, we have reported on employment and labor laws taking effect mid-year. Increasingly, new compliance challenges are not taking a summer vacation. Learn More


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