Labor & Employment Law Updates
The U.S. Department of Labor’s Wage and Hour Division has given investigators greater discretion in when to seek liquidated damages – double the amount of back pay an employer owes - in pre-litigation settlements for employers’ violations of the overtime or minimum wage provisions of the federal Fair Labor Standards Act.
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On April 13, 2021, the United States and the State of Pennsylvania and the Pennsylvania State Police filed a joint motion to settle a 2014 sex discrimination lawsuit filed by the U.S. Department of Justice.
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On March 19, 2021, California Governor Gavin Newsom signed SB 95 into law, which provides for up to 80 hours of supplemental paid sick leave for reasons related to COVID-19.
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The Seventh Circuit Court of Appeals recently held that a ramp supervisor’s cargo loading duties qualified as engaging in commerce under the Federal Arbitration Act (“FAA”), exempting her from Arbitration under the FAA.
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On March 15, 2021, California employees of The Merchant of Tennis, Inc. filed a class action lawsuit for various wage claims including failure to compensate non-exempt employees for undergoing COVID-19 temperature checks at the beginning of each work day
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The Unites States House of Representatives recently passed the Equality Act, which expands employment protections to LGBTQ employees under Title VII of the Civil Rights Act.
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On February 25, 2021, the Labor Department’s Office of Inspector General (“DOL”) released an audit report (“Audit Report”) with a recommendation that the Occupational Safety and Health Administration (“OSHA”) issue mandatory COVID-19 safety rules for employers.
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Last week, the Centers for Disease Control and Prevention (CDC) substantially relaxed its previously recommended quarantine requirements for anyone who has received full vaccination.
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A Federal Court in Massachusetts recently held that disciplining employees who wear Black Lives Matter (BLM) face masks to work does not violate Title VII of the Civil Rights Act of 1964 (Title VII).
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On February 5, 2021, the National Labor Relations Board (“NLRB”) ruled that the representation election for the proposed bargaining unit employees of Detrex Corporation (the “Employer”) would be conducted via mail-in vote.FN1 The decision was made over the objection of the Employer, who demanded a manual election
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On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) published updated guidance titled “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.”
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This week, counsel for the National Labor Relations Board (“NLRB”) issued guidance on whether employees of Agri-Kind, a marijuana enterprise in Pennsylvania, who work in its indoor grow rooms are entitled to protections under the National Labor Relations Act (“NLRA”).
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The Sixth Circuit Court of Appeals held that deadlines to bring federal age and disability discrimination claims under the ADEA and ADA cannot be shortened by agreements between employers and employees.
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Effective January 1, 2021, Senate Bill 20-170, FN1 amended two key provisions to Colorado’s Employment Security Act (“ESA”): (1) expanding unemployment benefits for individuals who experience joblessness as a result of domestic violence;FN2 and (2) providing that severance may be deducted from an individual’s overall entitlement to unemployment compensation.
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On January 4, 2021, the National Labor Relations Board (“the Board”) issued a 2-1 decision holding that an employer’s social media policy, which prohibited employees from engaging in certain communications, did not violate employees’ concerted activity rights afforded under the National Labor Relations Act (“NLRA”).
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This week, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance regarding the COVID-19 vaccine and its implications on the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act (“Title VII”), the Genetic Information Nondiscrimination Act (“GINA”) and other equal employment laws.
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The Eight Circuit Court of Appeals’ high bar for Title VII hostile work environment claims remains after the United States Supreme Court declined to hear the case on December 7, 2020. The Eighth Circuit previously held in Paskert v. Kemna-ASA Auto Plaza, Inc, that a supervisor’s boorish behavior, “while certainly reprehensible and improper,” was not so severe or pervasive to alter the terms and conditions of employment necessary to sustain a Title VII hostile work environment claim.
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The Colorado Department of Labor and Employment (the “Department”) recently adopted rules governing the notice requirements for two recently enacted public health laws.
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