Trump Issues Executive Order Impacting DEI Training

Last week, President Trump signed an Executive Order entitled “Executive Order on Combating Race and Sex Stereotyping” (the “Order”), which impacts federal agencies, federal contractors, and federal grantees. Specifically, the order prohibits federal contractors from using “any workplace training that inculcates in its employees any form of race or sex stereotyping . . . or scapegoating”.

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Reminder: Sexual Harassment Training Required

Employers will recall that in 2018, New York State and New York City imposed mandatory sexual harassment training obligations on employers, with the State requiring all employees be trained by October 9, 2019. Employers are reminded that both State and City law mandate that this training be conducted yearly, and New York City expanded its training requirement earlier this year to include independent contractors who work for the employer for at least 80 hours and 90 days per year.

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Federal Court Overturns Portions of FFCRA Rules

Last week, the Southern District of New York issued an opinion finding that the Department of Labor (DOL) exceeded its authority by issuing certain rules implementing the Families First Coronavirus Response Act (FFCRA). Specifically, the Court found to be invalid (1) the portions of the rules requiring employees to have work available to them to be eligible for leave, (2) the expansive definition of “healthcare provider”, (3) the requirement that the employer consent to intermittent leave, and (4) the timing of the documentation requirement.

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NYC Finalizes Exceptions to Prohibition on Pre-Employment Marijuana Testing

Since May 10, 2020, employers in New York City have been prohibited from requiring a prospective employee to submit to testing for the presence of any marijuana or tetrahydrocannabinols in their system as a condition of employment, unless otherwise provided by law. The NYC Commission on Human Rights recently adopted regulations identifying which positions qualify for the exemption to the testing ban based on their potential to significantly impact the health or safety of employees or members of the public.

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