Are you making the best hiring and firing decisions? Is improving employee engagement and retention a challenge? How can you use data to leverage and get the most out of your most valuable asset – your employees?

In Episode 2 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sit down with Spring International CEO Fiona Jamison to discuss the hit movie Moneyball and the use of people analytics in the workplace.

Continue Reading What Can Moneyball Teach Us About People Analytics?

Q: What is New York’s Adult Survivors Act?

On May 24, New York State enacted the Adult Survivors Act, which provides a one-year “revival window,” commencing on November 24, 2022, for adult victims of sexual abuse. Enactment of such “revival statutes” (a/k/a revival window or lookback period statutes) is the latest trend for #MeToo era legislatures grappling with shifting societal views of limitations periods for sexual abuse claims. Although the parameters of revival statutes can differ, essentially, they provide a limited period, usually at least one year, for sexual abuse victims to file civil claims that would otherwise be time-barred. Often these statutes also include prospective enlargements of civil and criminal limitations periods or otherwise expand the scope of potential liability going forward. In recent years, nearly half of U.S. state legislatures have passed laws opening revival windows for sexual abuse cases.

Continue Reading Widespread “Revival Statutes” Forcing Employers to Take Stock of Past Practices and Prepare for a Barrage of Sexual Misconduct Litigation: New York Becomes the Latest State to Enact Revival Legislation for Adult Victims

Q. What do companies with employees in Delaware need to know about Delaware’s paid family leave law?

A. On May 10, Governor Carney signed the Healthy Delaware Families Act into law, making Delaware the eleventh state in the country to offer paid family leave when the law goes into effect in 2026. The law will provide 12 weeks of paid parental leave and six weeks of paid medical, family caregiving, and military leave to eligible Delaware employees through a state-run paid family and medical leave insurance program.

Continue Reading Delaware Passes Paid Family Leave Law

Q: In a unanimous opinion, the U.S. Supreme Court held that employers who do not act promptly to invoke an arbitration clause may be held to waive arbitration. What does this mean for my company?

A: As noted in our colleagues’ blog post, on May 23, in a unanimous opinion, the U.S. Supreme Court held that employers who do not act promptly to invoke an arbitration clause may be held to waive arbitration. In so holding, the Court resolved a circuit court split over whether a party arguing waiver had to demonstrate prejudice. The Court held that prejudice was not a requirement. The Court’s holding departs from its generally pro-arbitration holdings over the last 15 years.

Continue Reading SCOTUS Resolves Circuit Split: A Showing of Prejudice Not Required to “Waive” Right to Arbitration

Q: What are the key highlights of Maryland’s new law providing paid family and medical leave to employees?

A. Maryland has now joined a minority of states obligating employers to contribute to a program providing paid family and medical leave to its workforce. Beginning on October 1, 2023, businesses with 15 or more employees will be required to contribute to the Family Medical Leave Insurance (FAMLI) Program, with the goal of making benefits available to eligible employees through the Maryland Department of Labor by January 1, 2024.

Continue Reading Maryland Legislature Passes the Time to Care Act, Overriding Governor’s Veto

Q: What states have biometric laws and what does this mean for my company?

A. Introduction: Biometric Laws in 2022

In the first quarter of 2022 alone, no fewer than seven states have introduced biometric laws — California, Kentucky, Maine, Maryland, Massachusetts, Missouri, and New York — generally based on Illinois’ Biometric Information Privacy Act (BIPA). Currently, only Illinois, Texas, and Washington have enacted biometric laws, and only the Illinois law provides individuals with a private right of action. While California’s Consumer Privacy Act (CCPA) covers the protection of biometric data, the act only provides a private right of action where the information was involved in an unauthorized exposure as a result of the business’ failure to implement and maintain reasonable security procedures and the business’ failure to take certain steps after receiving a consumer request.

Continue Reading A Fresh “Face” of Privacy: 2022 Biometric Laws

Q. When is the deadline for submitting annual pay data reports under California law?

A. In 2021, California passed legislation, requiring private employers with 100 or more employees to submit annual pay data reports to the California Department of Fair Employment and Housing (DFEH) under Government Code Section 12999. Companies must comply if they have more than 100 employees, if any of those employees work in California. According to the FAQs, employers need to include reporting data for California employees only, but they may voluntarily choose to include employees working out of state.

Continue Reading Annual Pay Data Reporting for Large Employers With Any California Employees Due April 1

Q. Does the Workers’ Compensation Act bar a claim for damages under Illinois’ Biometric Privacy Act (BIPA)?

A. The Illinois Supreme Court recently issued an opinion, finding that the Workers’ Compensation Act does not bar a claim for damages under BIPA.

Continue Reading Illinois Supreme Court Rules on Workers’ Compensation Act and BIPA

Q: I read that some major companies no longer drug test applicants for marijuana. What should our company consider as we conduct a review of our workplace drug testing policy for 2022?

A: It is true that a growing number of companies appear to be eliminating workplace drug testing. There are two major reasons: expanding marijuana legalization and the pandemic-era labor shortage.

Continue Reading Change in the Wind: Time for Employers to Review Their 2022 Workplace Drug Testing Policies

Q: Did the U.S. Supreme Court issue a ruling in the challenge to OSHA’s vaccine and testing emergency temporary standard (ETS) and CMS interim final rule (IFR)?

A: Yes. On January 13, the Court granted the applications for stays of the OSHA ETS. Conversely, the Court granted the federal government’s request to overturn the injunctions that had halted the IFR.
Continue Reading US Supreme Court Issues Rulings in Challenge to OSHA Vaccine and Testing ETS and CMS Interim Final Rule