DOL May Raise Salary Exemption Threshold

The DOL is expected to increase the salary threshold for various overtime exemptions under the Fair Labor Standards Act. The proposal could be issued as early as this month. The current minimum salary amount for an exemption is $684/week.

Study on Office Re-openings

As reported by the New York Times, only 8% of Manhattan employees have gone back to the office full time, while 28% remain on a fully remote work schedule, according to the Partnership for New York City. The survey found that 78% of workplaces are now using a hybrid model, compared with just 6% before the onset of the pandemic. While the study only cites NYC, it is a sampling of how employers are returning to offices.

EEOC and DOJ Warn About Disability Discrimination

The EEOC released a technical assistance document, “The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees,” focused on preventing discrimination against job seekers and employees with disabilities. Based on the ADA, regulations, and existing policy guidance, this document outlines issues that employers should consider to ensure that the use of software tools in employment does not disadvantage workers or applicants with disabilities in ways that violate the ADA.

The document highlights promising practices to reduce the likelihood of disability discrimination. The EEOC technical assistance focuses on three primary concerns under the ADA:

  1. Employers should have a process in place to provide reasonable accommodations when using algorithmic decision-making tools;
  2. Without proper safeguards, workers with disabilities may be “screened out” from consideration in a job or promotion even if they can do the job with or without a reasonable accommodation; and
  3. If the use of AI or algorithms results in applicants or employees having to provide information about disabilities or medical conditions, it may result in prohibited disability-related inquiries or medical exams.

The DOJ’s guidance document, “Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring,” provides a broad overview of rights and responsibilities in plain language, making it easily accessible to people without a legal or technical background. This document:  

  1. Provides examples of the types of technological tools that employers are using;
  2. Clarifies that, when designing or choosing technological tools, employers must consider how their tools could impact different disabilities;
  3. Explains employers’ obligations under the ADA when using algorithmic decision-making tools, including when an employer must provide a reasonable accommodation; and
  4. Provides information for employees on what to do if they believe they have experienced discrimination.

DE Enacts Paid Family & Medical Leave Law

DE becomes the latest state to pass state family and medical leave legislation. Known as “Healthy Delaware Families Act,” it will require up to 12 weeks of leave for covered employees for certain parental, family caregiving, and medical reasons. The law will go into effect in 2026.  Employers and employees will fund the leave program.

Calif. Eases COVID Workplace Safety Rules For Employers

California has updated its emergency COVID-19 prevention rules for employers, in particular doing away with indoor mask requirements as well as cleaning and disinfecting obligation.

NLRB To Propose New Joint Employer Rule By This Fall

The National Labor Relations Board said last Friday that it will issue a new rule for determining joint employer status under federal labor law by the end of August.

NYC Amends Pay Transparency Law

On April 28, 2022, the New York City Council amended the Salary Transparency Act (the “Act”) as follows:

  1. Postpones the Effective Date to November 1, 2022. As reported here, the effective date of the Act was on May 15, 2022.
  2. Clarifies the Law Extends to Hourly and Annual Salary Workers. The amendment states it is unlawful for an employer to advertise a job “without stating the minimum and maximum annual salary or hourly wage for such position in advertisement.”
  3. Clarifies the Jobs Covered Under the Act. The Act does not apply to “[p]ositions that cannot or will not be performed, at least in part, in the city of New York.”
  4. Clarifies Remedies. Only current employees may bring an action against their current employer for an alleged violation of this law. An employer’s first violation of this law constitutes a fine of $0. Additionally, the employer is given an opportunity to cure their first violation within 30 days.

Written by: Gordon M. Berger, Partner 

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