Tag Archives: Employment & Labor (U.S.)

Biden announces major COVID-19 vaccine requirements for employers

On Thursday, September 9, 2021, President Biden issued a memorandum, “Path Out of the Pandemic” (the Memo), announcing a six-pronged national strategy to combat COVID-19. Among other things, President Biden has ordered the Department of Labor’s Occupational Safety and Health Administration (OSHA) to develop and issue an Emergency Temporary Standard (ETS) to require all employers … Continue Reading

To mandate or not? FAQs on mandatory vaccine programs for employers

Late last year, the U.S. Food and Drug Administration (the FDA) issued the first approvals for a COVID-19 vaccine. Shortly thereafter, the U.S. Equal Employment Opportunity Commission (the EEOC) issued guidance on the interplay between federal anti-discrimination law and vaccine-related issues, including the permissibility of mandatory employer vaccination policies. The below FAQs address some of … Continue Reading

Is that a smile that I see? Pennsylvania businesses adjust reopening plans as the statewide mask mandate is scheduled to be lifted

On May 27, 2021, Pennsylvania Acting Health Secretary Alison Beam announced at a press conference that Pennsylvania’s statewide masking order is slated to be lifted in its entirety effective June 28, 2021. This announcement comes on the heels of the Wolf Administration’s May 4, 2021 announcement that all COVID mitigation orders in Pennsylvania would be … Continue Reading

New Jersey expands COVID changes to include employers not open to the public

As previously discussed, on May 24, 2021, New Jersey Governor Phil Murphy announced the lifting of COVID-19 mask requirements for certain employers, while continuing to require masks for others. In a point of frustration for many New Jersey employers, the requirements seemed to require masking and social distancing in an inconsistent manner, and imposed greater … Continue Reading

Employers with Pittsburgh-based employees face new requirements to provide COVID-19-related paid sick leave

The City of Pittsburgh is expected to enact the new Temporary COVID-19 Emergency Paid Sick Ordinance (the “Ordinance”), which provides Pittsburgh employees with a new entitlement of up to two weeks of paid time off for qualifying absences related to COVID-19. While this legislation may be well intended, it presents potentially significant challenges for employers … Continue Reading

CDC updates guidance to allow for reduced quarantine times

On December 2, 2020, the CDC updated its guidance on COVID-19 quarantines. Previously, the CDC advised that asymptomatic individuals should quarantine for 14 days after their last exposure to someone who has COVID-19. The CDC’s prior guidance did not allow for the reduction of that 14-day period based on the receipt of a negative COVID-19 … Continue Reading

Pennsylvania employers may need to revise policies and practices within the workplace in response to new mitigation order by Governor Wolf

On November 23, 2020, Governor Tom Wolf issued the Order of the Governor of the Commonwealth of Pennsylvania for Mitigation, Enforcement and Immunity Protections, which establishes various mitigation measures that Pennsylvania businesses must implement effective November 27, 2020. Many of these measures are already familiar to Pennsylvania businesses that have been implementing the mitigation measures … Continue Reading

DOL doubles-down on FFCRA rules (but amends others) in response to federal court decision

On September 11, 2020, the U.S. Department of Labor (DOL) issued a new administrative rule concerning the Families First Coronavirus Response Act (FFCRA), a federal law that provides two forms of COVID-19-related paid time off to employees of businesses with fewer than 500 employees. The rule comes just over a month after a New York … Continue Reading

New York state’s reproductive health law necessitates handbook revisions

New York state employers, it’s time to dust off and update your employee handbooks again.  Earlier this month, Governor Andrew Cuomo signed a law that protects employees against discrimination on the basis of their reproductive health decision-making. The law, which mirrors a recent bill passed by New York City lawmakers, also requires that employers in … Continue Reading

Supreme Court poised to hear oral arguments in blockbuster LGBTQ+ workplace discrimination cases

On October 8, 2019, the Supreme Court will hear oral arguments in three landmark LGBTQ+ rights cases, which could broaden protections for the LGBTQ+ community by prohibiting employers from discriminating against employees based on their sexual orientation, transgender-status, or gender identity under federal law. Currently, conflicting federal cases and shifts in interpretation and policies at … Continue Reading

California leads the way in passing landmark legislation to classify gig workers as employees

As we have previously reported here, California Assembly Bill 5 (the bill) is slated to codify the California Supreme Court’s 2018 landmark decision in Dynamex Operations West v. Superior Court of Los Angeles, requiring companies to apply the “ABC” test in classifying their workers. The ABC test requires that workers be considered “employees” instead of … Continue Reading

New York bolsters workplace safeguards for domestic violence victims

Following New York City’s lead, New York state and Westchester County have each enacted laws providing additional workplace protections to victims of domestic violence. In this post, we will discuss these new laws and their impact on your business. New York state: Last month, Governor Cuomo signed legislation amending the state’s antidiscrimination laws with respect … Continue Reading

NLRB clarifies standard for protected concerted activity

On January 11, 2019, the National Labor Relations Board clarified and narrowed the standard for finding that an employee engaged in protected concerted activities under the National Labor Relations Act. See Alstate Maintenance, LLC, 367 NLRB No. 68 (2019). In doing so, the board overturned a 2011 decision – WorldMark by Wyndham, 356 NLRB 765 … Continue Reading

Divided D.C. Circuit panel largely upholds the NLRB’s Browning-Ferris decision and challenges the Board’s authority to conduct rulemaking

On December 28, 2018, a divided D.C. Circuit panel affirmed, in part, the National Labor Relations Board’s (NLRB’s or Board’s) Browning-Ferris joint-employer analysis. See Browning-Ferris Indus. of Cal., Inc. v. NLRB, No. 16-1028 (D.C. Cir. Dec. 28, 2018). The D.C. Circuit’s decision marks the latest chapter in the NLRB’s ever-shifting joint-employer standard. At issue on … Continue Reading

U.S. Department of Labor issues new opinion letters on overtime compliance with varying average hourly rates and on volunteerism

The Acting Administrator for the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued two new opinion letters on Friday, December 21, 2018. The first opines on whether a home health aide service’s compensation plan, which pays an average hourly rate that may vary from workweek to workweek, complies with the Fair Labor Standards … Continue Reading

New Jersey Employers: The State Paid Sick Leave Law Is Now In Effect – Are You Ready?

The New Jersey Paid Sick Leave Act takes effect today, October 29, 2018. Just in time for flu season. If you are a New Jersey employer or an employer with employees in New Jersey, regardless of size or employee number, you are now required by law to provide one hour of sick leave for every … Continue Reading

Uber’s arbitration agreements break down drivers’ misclassification suits

Employers considering requiring their employees sign arbitration agreements with class waivers just got a real-world example of the effectiveness of such agreements. On September 25, 2018, the U.S. Court of Appeals for the Ninth Circuit upheld the enforceability of arbitration agreements signed by thousands of Uber drivers in California. In the underlying lawsuits, the Uber … Continue Reading

New Jersey Federal Judge Finds Medical Marijuana User Cannot Compel Employer to Waive Employment Drug Testing Requirements

The United States District Court of New Jersey recently dismissed an employee’s disability discrimination, failure to accommodate and retaliation claims, holding that neither the New Jersey Law Against Discrimination (LAD) nor the New Jersey Compassionate Use Medical Marijuana Act (CUMMA) required the employer to waive its drug testing requirements. In Cotto v. Ardagh Glass Packing, … Continue Reading

Supreme Court Holds Public Unions May Not Charge Non-Members Fees.

The United States Supreme Court’s decision in Janus v. American Federation of State, County and Municipal Employees (AFSCME) makes clear that agency fee agreements in the public sector are unconstitutional under the First Amendment. Although Janus dealt with government employees, the potential impact on private sector employers also demands careful consideration. The Decision In Janus, … Continue Reading

NY Court Issues Landmark Ruling on the Employment Status of Unpaid Interns

On July 2, 2015, in Glatt v. Fox Searchlight Pictures, Inc. and a related order, Wang v. The Hearst Corp., the U.S. Court of Appeals for the Second Circuit issued a new test for determining whether interns must be treated and paid just like regular employees. Rejecting the test previously laid out by the U.S. Department … Continue Reading

The Benefits of Equality: How Same-Sex Marriage Can Strengthen Your Business

Regardless of whether you believe the Supreme Court should have decided the issue, last week’s decision on marriage equality has the potential to benefit your business. Because the decision creates a uniform definition of marriage across the country, it may simplify administration of some employee benefits, thus saving corporations time and money. As discussed below, … Continue Reading

U.S. DOL Releases Long-Awaited Proposal to Expand Overtime Protections

Just hours ago, the U.S. Department of Labor (DOL) released its highly anticipated proposed revisions to the Fair Labor Standards Act’s (FLSA) so-called “white collar” exemptions, the first major update to the federal overtime rules in more than a decade. Although the proposed rule more than doubles the pay threshold for exempt employees – from … Continue Reading

New York Employment Law Roundup: June 2015

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular summaries of recent developments affecting Empire State employers. Here’s what happened in June 2015: Wage Board Recommendations Taking Shape? As we previously … Continue Reading

California Sick Leave To Go into Effect July 1 – Be Aware of These Common Traps

The California Healthy Workplaces, Healthy Families Act of 2014 (“Healthy Families Act”) is fully effective July 1, 2015, including the significant potential for class-action liability for non-compliance. It is critical that employers ensure that their sick leave policy is current, given the ever-developing legal guidance. We have created a helpful list of common areas of … Continue Reading
LexBlog