With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more
4/23/2024
/ Cannabis Products ,
Citizenship Status Discrimination ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Medical Leave ,
Misclassification ,
New Rules ,
NLRB ,
Non-Compete Agreements ,
Off-Duty Employees ,
OSHA ,
Over-Time ,
Paid Family Leave Law ,
Reasonable Accommodation ,
Remote Working ,
Unions
On January 12, Washington, DC, Mayor Muriel Bowser signed into law the Wage Transparency Omnibus Amendment Act of 2023. The Act amends the DC Wage Transparency Act of 2014 and is scheduled to go into effect on June 30,...more
1/23/2024
/ Compensatory Damages ,
Compliance ,
Employer Liability Issues ,
Injunctive Relief ,
Job Ads ,
Job Applicants ,
New Legislation ,
Notice Requirements ,
Pay Transparency ,
Restitution ,
Salary/Wage History ,
Wage and Hour
Earlier this month, the Nevada Supreme Court ruled that an employee’s off-duty use of recreational marijuana, which is lawful under Nevada law, is not protected under a law that prohibits employers from discharging employees...more
On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued its Omnibus Staff Vaccination Rule, mandating that all Medicare and Medicaid-certified facilities regulated under Medicare health and safety...more
11/5/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Interim Final Rules (IFR) ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) mandating that large employers require employees to be fully vaccinated against COVID-19...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
With COVID-19 cases once again rising due to the spread of the more contagious Delta variant, the Centers for Disease Control (“CDC”) and the Biden Administration have issued new guidance and requirements on masking and...more
8/2/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Jurisdiction ,
Masks ,
New Guidance ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Vaccinations
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
In a landmark ruling issued during Pride month, the United States Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibiting gender discrimination in employment, bars employers from discriminating against...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
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
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 17, the Equal Employment Opportunity Commission again updated and expanded its prior guidance on legal issues related to the COVID-19 pandemic. Below is what you need to know most from the EEOC’s new FAQs....more
Last week, Virginia Governor Ralph Northam signed into law the Virginia Values Act. Effective July 1, 2020, the new statute broadly expands the state’s Human Rights Act to prohibit sexual orientation and gender identity...more
As more and more states order businesses to close their physical locations because of the novel coronavirus pandemic, employers are being encouraged by the federal and state governments to work remotely and not have their...more
The disruptions resulting from the novel coronavirus (COVID-19) pandemic present difficult questions for many employers who must decide whether to close offices, furlough employees, or layoff all or part of their workforce....more
Earlier this week, we published an Alert that reviews the EEOC’s recent guidance entitled What Employers Should Know about the ADA, the Rehabilitation Act, and COVID-19. This Alert reviews the additional guidance that the...more
Questions are being raised if an employer has the legal right to discipline or discharge employees who refuse to work out of concern about the Coronavirus. The definitive legal answer is, “it depends.” There are both legal...more
On March 10, the Department of Labor’s Wage and Hour Division issued guidelines that address many Fair Labor Standards Act issues that have arisen due to the COVID 19 pandemic. This Alert identifies some of the highlights.ny...more
On January 12, 2020, the US Department of Labor (Department or DOL) announced that it is issuing a Final Rule that will update and revise its regulations issued under the Fair Labor Standards Act (FLSA or the Act) that...more
1/14/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Franchisors ,
Joint Employers ,
Minimum Wage ,
Multi-Factor Test ,
NLRA ,
NLRB ,
Wage and Hour
In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more
10/3/2019
/ Appeals ,
Class Action ,
Employer Liability Issues ,
Franchisee ,
Franchises ,
Franchisors ,
Joint Employers ,
McDonalds ,
NLRB ,
Right to Control ,
State Labor Laws ,
Summary Judgment ,
Wage and Hour
In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a...more
10/3/2019
/ Appeals ,
Class Action ,
Employer Liability Issues ,
Franchisee ,
Franchises ,
Franchisors ,
Joint Employers ,
McDonalds ,
NLRB ,
Right to Control ,
State Labor Laws ,
Summary Judgment ,
Wage and Hour
In a case of first impression, a divided panel of the National Labor Relations Board (NLRB or Board) ruled that the stand-alone misclassification of a worker as an independent contractor instead of an employee does not...more
9/4/2019
/ Employee Definition ,
Employer Liability Issues ,
First Impression ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Section 7 ,
Taft-Hartley Act ,
Unfair Labor Practices