June Updates

Failure to File Deadline for EEO-1 Reporting is July 9, 2024

The Equal Employment Opportunity Commission (EEOC) recently said that employers who have not submitted and certified their mandatory 2023 EEO-1 Component 1 report by Tuesday, June 4, 2024, must submit and certify their report as soon as possible, and no later than 11:00 pm ET on Tuesday, July 9, 2024. This is known as the “Failure to File” deadline. Employers who miss the failure to file deadline will not be able to file their 2023 EEO-1 Component 1 reports, and will be out of compliance with their mandatory filing obligations. This is particularly significant given that that EEOC recently filed lawsuits against 15 employers in 10 states for repeatedly failing to submit mandatory EEO-1 reports in 2021 and 2022. Note that federal law requires employers with 100 or more employees to submit workforce data to the EEOC. Applicable employers should ensure timely filing before the failure to file deadline.

 

Supreme Court Clarifies Arbitration Process

On May 16, 2024, in Smith v. Spizzirri, the U.S. Supreme Court said that when a court orders a case to arbitration under the Federal Arbitration Act (FAA), the case in litigation must be stayed pending the arbitration, rather than being dismissed. While this generally does not affect a party’s ability to enforce an arbitration agreement, it may impact how procedural issues are handled. Employers should review arbitration cases with legal counsel.

 

Los Angeles County, CA: New Fair Workweek Ordinance

Effective July 1, 2025, Los Angeles County’s fair workweek ordinance will require certain retail employers in the unincorporated areas of Los Angeles County to provide advance notice of work schedules and changes, predictability pay, new hire notices, and other posting and recordkeeping requirements, among others. The Los Angeles Couty ordinance is similar to the City of Los Angeles’ fair workweek ordinance. Employers should prepare for compliance.

 

New Mexico: Military Status Added to Human Rights Act

Effective May 15, 2024, New Mexico’s HB 302 amends the state’s Human Rights Act to prohibit discrimination based on military status. The Act defines “military status” to mean “a person’s active membership in the armed forces or state defense force or being a veteran of the armed forces or state defense force and includes a spouse or child of an active member or veteran of the armed forces or state defense force. Employers should update their employee handbook and policies to account for this change.

 

New York, NY: Ban on Contracts to Shorten Time to File Discrimination, Harassment or Retaliation Complaints

Effective May 11, 2024, New York City now prohibits employers from entering into any type of agreement that shortens the statutory period by which an employee may file an administrative claim or complaint, or civil action, relating to unlawful discriminatory practices, harassment or violence under the New York City Human Rights Law. The new ordinance renders as unenforceable and void any provision, term, or language in an employment contract that purports to shorten an employee’s statutory time to file an administrative claim or a civil lawsuit will be deemed void. Under current law, employees have one year to file a complaint with the NYC Commission on Human Rights for an unlawful discriminatory practice or act of discriminatory harassment or violence and three years to file a claim of gender-based harassment. In addition, employees may commence a civil action under the NYCHRL within three years.

 

Utah: Child Labor Laws Amended

Effective May 1, 2024, Utah’s SB 248 amends the state’s child labor laws, specifically with respect to working hours requirements for minors, certain occupations permitted for work by minors, and exemptions for permitted occupations with no specific age limit. Under the amended law, minors under 16 years old are not permitted to work: (1) more than three hours in one school day; (2) more than 18 hours in one school week; (3) more than eight hours in one calendar day; (4) more than 40 hours in one calendar week; or (5) before 7:00 a.m. or after 7:00 p.m., except beginning on July 1 and ending on Labor Day, a minor under 16 years old may work until 9:00 p.m.

 

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Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase