Labor & Employment Law Updates
Last Tuesday, the Colorado Department of Labor and Employment (the “Department”) adopted final Rules regarding equal pay transparency under Colorado’s new Equal Pay for Equal Work Act (the “EPEWA” or the “Act,” SB 19-085), which will take effect on January 1, 2021.
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The U.S. Equal Employment Opportunity Commission (EEOC) voted on party linesFN1 to publish a proposed update to its Compliance Manual Section on Religious Discrimination (“Updated Manual”), which had not been updated since it was issued more than 12 years ago.
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On November 3, 2020, Colorado voters passed Proposition 118, which creates Paid Family and Medical Leave (“Paid FMLA”) obligations for all employers in the state. Employers must now provide 12 weeks paid leave for Colorado employees, plus an additional four weeks in case of medical complications.
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This week, the United States Court of Appeals for the Tenth Circuit clarified that employees may sue their employer under the Americans with Disabilities Act (“ADA”) for failing to accommodate their disability, even if the employee was not subject to an adverse action such as firing or demotion.
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On January 1, 2021, Colorado’s new Equal Pay for Equal Work Act (the “EPEWA” or the “Act,” SB 19-085), will prohibit employers from discriminating based on sex, including gender status, by paying less for “substantially similar work.”
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The Equal Employment Opportunity Commission (“EEOC”) released a proposed rule with modifications to its pre-lawsuit “conciliation” process, intended to encourage resolving employment discrimination actions with employers before the EEOC files them in court.
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On September 8, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance regarding COVID-19 and how it interacts with the Americans with Disability Act (“ADA”) and related EEO laws. The EEOC’s guidance focused on three major categories:
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The Wage and Hour Division of the U.S. Department of Labor (“DOL”) proposed a new rule, amending the Fair Labor Standards Act (“FLSA”) to make it easier to determine whether workers are independent contractors or employees and covered under federal minimum wage and overtime laws.
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According to the New York Times’ Coronavirus Tracker, five COVID-19 vaccines are already approved for early or limited used. As vaccines become approved for full use through further clinical trials, employers may contemplate whether they can make vaccines a mandatory condition of employment.
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A New York federal court invalidated substantial portions of the U.S. Department of Labor’s (DOL) Rule issued earlier this year narrowing the definition of “joint employer” under the Fair Labor Standards Act (FLSA).
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On August 31, 2020, the Department of Labor’s Wage and Hour Division (“WHD”) issued an opinion letter (the “Opinion Letter”) regarding the workweek fluctuation method. The Opinion Letter clarifies that employees’ hours do not need to fluctuate below 40 hours per week to qualify for the fluctuating workweek calculation method.
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This week, the U.S. Department of Labor issued guidance regarding employers’ obligations under the Fair Labor Standards Act (“FLSA”) to track the number of hours of compensable work performed by employees, including work performed remotely or away from their employers’ worksite.
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On August 19, 2020, the Ninth Circuit Court of Appeals ruled that Amazon delivery drivers are transportation workers engaged in interstate commerce and thus exempt from the Federal Arbitration Act (“FAA”), even if they only make deliveries in one state.
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On August 3, 2020, the United States District Court for the Southern District of New York held that the Department of Labor’s (DOL) regulations in its Final Rule contravened the leave provisions established by Congress in the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”)FN4, collectively referred to as the Families First Coronavirus Response Act (“FFCRA”).
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On July 21, 2020, the National Labor Relations Board (NLRB) issued a decision clarifying that employers can discipline employees for engaging in deeply offensive and abusive conduct, including racially inappropriate language or language of a sexual nature, that occurs while engaging in protected, concerted activity under the National Labor Relations Act (NLRA).
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On July 11, 2020, Colorado enacted the Public Health Emergency Whistleblower Law (“PHEW”), which was effective immediately. PHEW is intended to protect employees and independent contractors from discrimination and retaliation for raising safety and health concerns related to a public health emergency.
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This week, Colorado Governor Jared Polis signed Senate Bill 20-205, known as the Healthy Families and Workplaces Act (“HFWA”), into law, providing Colorado workers with up to six paid sick days per year. Starting January 1, 2021, employers in Colorado
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In a 7-2 decision, the U.S. Supreme Court ruled that the ministerial exception — a legal doctrine that shields religious employers from anti-discrimination laws — applied to two discrimination suits brought by California parochial elementary school teachers against their employers.
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On June 24, 2020, the Department of Labor (the “DOL”) issued a Field Assistance Bulletin providing that effective July 1, 2020, the DOL will no longer pursue pre-litigation liquidated damages in all cases in its administratively resolved investigations.
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