When the COVID-19 vaccination becomes readily available, can private employers require employees to take the vaccine? The short answer: Probably, provided employers are mindful that, depending on the work performed,...more
On September 14, 2020, Governor DeWine signed into law H.B. 606 (the “Good Samaritan Expansion Bill”), aimed at stimulating the reopening of Ohio’s economy by granting sweeping immunity from lawsuits relating to the...more
The Department of Labor has clarified and revised its temporary rule (the “Rule”) implementing the Families First Coronavirus Response Act (“FFCRA”) in response to a federal court’s ruling that certain parts of the Rule were...more
On August 8, 2020, President Trump issued a Presidential Memoranda allowing for the deferral of employees’ payroll tax obligations. Notably, this Presidential Memoranda does not change any obligation to pay these taxes; it...more
“An individual’s homosexuality or transgender status is not relevant to employment decisions,” according to a 6-3 majority of the Supreme Court in its significant June 15, 2020 opinion in Bostock v. Clayton County, Georgia. ...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Last week, on May 13, 2020, the Army Corps of Engineers (the “Corps”) and TC Energy filed notices of appeal with the United States Court of Appeals for the Ninth Circuit seeking an immediate stay of the Federal District...more
On April 16, 2020, the Trump administration published “Guidelines: Opening Up America Again.” The Guidelines are not binding; individual states must decide if and/or how to incorporate the Guidelines. The Guidelines include...more
As of April 14, 2020, at least 42 states and the District of Columbia have issued directives to keep people at home, including employees of non-essential businesses as defined by each location’s respective orders. Even many...more
On March 27, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The CARES Act provides states with the ability to greatly expand their unemployment benefits programs through...more
The leave provisions of the Families First Coronavirus Response Act (“FFCRA”) take effect on April 1, 2020. In preparation, there is additional guidance as to four common inquiries...more
On March 24, the Department of Labor issued guidance regarding the FFCRA. With that, we wanted to provide an update with some frequently asked questions (and answers).
When does the FFCRA take effect? April 1, 2020....more
President Trump signed the Act in the evening of March 18. Per guidance published by the Department of Labor on March 24, the Act is effective April 1, 2020. Affected employers must be prepared to implement the Act’s leave...more
Early in the morning on March 14, 2020, the House of Representatives passed the Families First Coronavirus Response Act with broad bipartisan support. The Act introduced paid FMLA leave and paid sick for employers with fewer...more
Early in the morning on March 14, 2020, the House of Representatives passed the Families First Coronavirus Response Act with broad bipartisan support. The bill is not yet law; it must be approved by the Senate and then signed...more
On December 20, 2019, President Trump signed into law a defense spending bill which included the Fair Chance to Compete for Jobs Act of 2019 (“Fair Chance Act”). Employers should take note that the law (1) prohibits the...more
1/7/2020
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Corporate Counsel ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Policies ,
Fair Chance Act ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
OPM
On May 21, 2018, the U.S. Supreme Court in Epic Systems Corp. v. Lewis, a 5-4 opinion written by Justice Neil Gorsuch, ended a six-year dispute started by the National Labor Relations Board’s 2012 decision in D.R. Horton. The...more
6/7/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Discovery ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Federal Rules of Civil Procedure ,
NLRA ,
NLRB ,
Private Attorneys General Act (PAGA) ,
Remedies ,
SCOTUS ,
Unions
On Thursday, May 31, 2018, 104 of 170 eligible employees at Boeing’s North Charleston, South Carolina plant voted in favor of union representation by the International Association of Machinists union (“IAM”). This IAM victory...more