A recent class action survey by Carlton Field determined that the COVID-19 pandemic served as a major driving force behind class action lawsuits in the year 2020.
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On May 28, 2021, the Equal Employment Opportunity Commission released updated its COVID-19 Technical Assistance guidance, addressing many frequently asked questions from employers relating to the COVID-19 vaccine in the workplace and implications under federal employment nondiscrimination laws, including the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and the Genetic Information Nondiscrimination Act.
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Employees in New Mexico and California have sued their employers seeking injunctive relief and potential damages due to vaccine mandates instituted in the workplaces.
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A judge in the Northern District of California dismissed a lawsuit brought by a wife against her husband’s employer after she alleged her husband transmitted COVID-19 to her.
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On May 5, 2021, the U.S. Department of Labor issued a Final Rule withdrawing the DOL’s January 7, 2021 Final Rule regarding the classification of independent contractors under the Fair Labor Standards Act.
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On March 23, 2021, Governor J.B. Pritzker signed an amendment to the Illinois Equal Pay Act of 2003, requiring that by March 23, 2024, employers with more than 100 employees in Illinois certify compliance with the EPA by obtaining an Equal Pay registration certificate from Illinois’s Department of Labor.
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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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