So ... how are those resolutions coming along? It's March (yes, seriously) which means that Spring is just around the corner and by now nearly everyone has given up on their
In this edition of the L&E newsletter, we're diving into updates on NYC sick leave, a word of caution on physicals, and a reminder that if you don't properly classify your employees, you'll need more than the luck of the Irish to save you.
From DCWP to DIY, New Changes to NYC's Sick Leave Law
We first learned of changes to the
Up until now, only the folks at the
NYC employers: if you have not already done so, now may be a good time to review your safe and sick leave policies (we know people who can help).
Fingerprints and Physicals - Biometric and Genetic Privacy Updates
We don't often talk about the Midwest in this blog - too much gluten in those deep-dish pizzas - but if you've ever heard of biometric privacy cases chances are you're talking about some lawsuit in
Last year, Ford was hit with a class-action lawsuit proposed by a group of job applicants who claim that questions about family medical histories violated the Genetic Information Privacy Act (GIPA). This is similar to another lawsuit filed last year against Amazon, alleging the retail giant violated GIPA by (among other things) requiring applicants to take preemployment physicals, during which the job seekers were allegedly asked to disclose family medical history.
Now, you might be thinking: "there's a better chance of me taking advantage of my
And then there's GINA - no, not your college friend who got really into sourdough starters during the pandemic, but the Genetic Information Non-Discrimination Act of 2008. GINA is a federal law covering employers with at least 15 employees that, like GIPA, prohibits employers from requesting or requiring "genetic information". If you use physicals or health questionnaires for applicants or current employers, it is highly advisable you review these policies. Many of these GIPA and GINA lawsuits involve what you'd likely consider routine questions, such as "do you have a family history of X". You (hopefully) already knew to tread carefully with physicals and medical exams due to the disability discrimination laws. The genetic discrimination laws are just further reason to proceed carefully and prevent having your application policy be Exhibit A in a lawsuit.
In our last post, we discussed the recent
Almost six years ago, there was a
Fast forward to present day (that's right, just skip right over the pandemic - you're welcome) and read about a settlement between a hospitality staffing company and the
Whether it's the DOL, local governments, or plaintiffs' attorneys, these misclassification cases are only going to heat up. If you utilize freelancers or contractors, take a moment to see if that's really what you want to do (while we always enjoy our conversations, trust us, there are easier ways to get our attention than scheduling a meeting to discuss your lawsuit).
Thank you for reading. If you enjoy this newsletter, be sure to check out our newest addition - the Business Blog! Check it out for helpful tips and updates (and less fearmongering) on all things business law related.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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