It’s not uncommon for a worker to perform services for an employer – A – that simultaneously benefit another person – B.
(Under the FLSA, “person” means “any individual, partnership, association, corporation, business...more
9/15/2020
/ Administrative Procedure ,
Business Model ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Joint Employers ,
New Rules ,
New York ,
SCOTUS ,
Staffing Agencies ,
Subcontractors ,
Supervisors
A “neutrality agreement” is generally one in which an employer agrees neither to assist nor oppose a union organizing campaign.
In practice, though, some agreements require the employer’s active support. Not only that, but...more
Yesterday, the US Equal Employment Opportunity Commission updated its technical assistance document, What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws.
The update incorporates...more
9/10/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Furloughs ,
GINA ,
Guidance Update ,
Layoffs ,
New Guidance ,
Reasonable Accommodation ,
Rehabilitation Act ,
Virus Testing
The Administrator of the U.S. Department of Labor’s Wage and Hour Division (the WHD) issued an Opinion Letter on August 31, 2020, holding that an employee’s work hours do not have to fluctuate above and below 40 per workweek...more
The Families First Coronavirus Response Act allows eligible employees to take up to two weeks of paid sick leave and up to 12 weeks of expanded family and medical leave – 10 paid – for specified reasons related to the...more
On August 13, Mayor Muriel Bowser signed into law the “Protecting Businesses and Workers from COVID-19 Emergency Amendment Act of 2020.”
Under it, District of Columbia employers must have, by August 20, adopted and...more
On August 5, the EEOC released new technical assistance for employees that addresses the interplay between the Americans with Disabilities Act and opioid use.
The document, entitled Use and Misuse of Codeine, Oxycodone,...more
This is our fifth and final Alert on Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
In the first, we summarized the standard’s general employer mandates. In the second, we covered...more
Amid stalling talks between Congressional leaders over the content of new Coronavirus relief and economic stimulus legislation, the issue of providing for temporary restrictions on pandemic related lawsuits has emerged as an...more
This is our fourth Alert that addresses Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
In the first, we summarized the standard’s general employer mandates. In the second, we covered...more
This is our third Alert that addresses Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
The first summarized the standard’s mandates for all covered employers. The second addressed the...more
In another pro-employer opinion, the National Labor Relations Board (the NLRB) changed the law and held that cases involving employees disciplined for engaging in offensive or abusive conduct, including making profane,...more
In our previous Alert, we summarized general employer mandates contained in Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
Today, we focus on a mandate applicable to covered employers...more
Last week, Virginia Governor Ralph Northam announced the nation’s first statewide COVID-19 workplace safety standard.
Northam said, “Workers should not have to sacrifice their health and safety to earn a living, especially...more
The US Department of Labor’s Wage and Hour Division announced a policy change that is sure to please employers facing administrative FLSA back wages claims. Effective on July 1, 2020, the Division will cease to routinely...more
Many states and localities have issued stay-at-home orders, and have closed on-site business operations to all but essential businesses and their employees. To enable employers to navigate those restrictions, we provide below...more
Yesterday, the EEOC answered a question that has perplexed employers for weeks: Under the ADA, may employers require antibody testing before they permit employees to re-enter the workplace?
An antibody test is a medical...more
With the economy reopening, on June 11, 2020, the EEOC updated its COVID-19 Technical Assistance Publication — What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws — to identify concerns...more
6/15/2020
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
High Risk Covid Employees ,
Medical Examinations ,
Pregnancy Discrimination ,
Public Health Emergency ,
Race Discrimination ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Rehabilitation Act ,
Remote Working ,
Title VII ,
Virus Testing
Many states and localities have issued stay-at-home orders, and have closed on-site business operations to all but essential businesses and their employees. To enable employers to navigate those restrictions, we provide below...more
Recently, while attention has understandably been focused on employment issues arising out of the COVID-19 pandemic, the Maryland legislature has passed several non-pandemic pro-employee laws that were not vetoed by Governor...more
Alabama’s Safer at Home Order, issued on May 8, 2020, encourages everyone in the state to minimize travel beyond the home, especially if sick; wear a face covering around people from other households; frequently wash their...more
5/22/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Executive Orders ,
Non-Essential Businesses ,
Operators of Essential Services ,
Re-Opening Guidelines ,
Shelter-In-Place ,
Work Restrictions ,
Workplace Safety
On April 27, 2020, the US Department of Labor (DOL) issued Unemployment Insurance Program Letter No. 18-20 (the Guidance) to provide states with instructions on implementing the emergency unemployment relief provisions in...more
Earlier today, the Equal Employment Opportunity Commission (EEOC) posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the...more
We previously reported on how the federal Worker Adjustment and Retraining Notification Act (WARN) and its state law equivalents would apply to layoffs, furloughs, and closings during the coronavirus pandemic.
The US...more
Many states and localities have issued stay-at-home orders, and have closed on-site business operations to all but essential businesses and their employees. To enable employers to navigate those restrictions, we provide below...more