Following our earlier Alert on this topic, the Department of Labor (DOL) issued a revised rule in response to U.S. District Judge Paul Oetken’s August 2020 decision that nullified certain definitional aspects of the DOL’s Families First Coronavirus Response Act (FFCRA) regulations. The DOL’s revisions aim to clarify and address the Court’s concerns. These changes … Continue Reading
On Sept. 8, 2020, a New York federal judge struck down substantial portions of the U.S. Department of Labor (DOL’s) joint employer final rule, which went into effect March 1, 2020. As reported in a prior GT L&E blog, the DOL’s final rule announced a four-factor balancing test for determining joint-employer status when one employer … Continue Reading
Prompted by telework arrangements that arose in response to the Coronavirus Disease 2019 (COVID-19) pandemic, the U.S. Department of Labor’s Wage and Hour Division (DOL) issued a Bulletin addressing important work-from-home wage-and-hour considerations. The DOL’s Bulletin presents useful guidance for employers grappling with the challenges of managing working time and pay of employees forced into … Continue Reading
In August 2020, the California Court of Appeal issued two wins for California employers facing multiple simultaneous representative actions under the Labor Code Private Attorneys General Act of 2004 (PAGA) (Lab. Code § 2698 et seq.) in Robinson v. Southern Counties Oil Company and Starks v. Vortex Industries, Inc. Read the full GT Alert, “Impersonators … Continue Reading
On August 18, 2020, Sonoma County joined the ranks of ten other California cities and counties that have enacted local supplemental paid sick leave ordinances related to COVID-19.1 The Board of Supervisors voted to approve the Ordinance2 as an urgency ordinance, meaning it became effective immediately and shall sunset on December 31, 2020. It will … Continue Reading
As employers continue to address the COVID-19 pandemic, they now face a new set of workforce challenges related to extreme weather and wildfires. Both are creating a challenging remote work environment due to: (1) recent evacuations; and (2) heat exposure risks linked to employees now forced to work in their homes with closed windows (and … Continue Reading
Jeffrey D. Mamorsky authored a Lexis Practice Advisor article titled “The ‘Gaming’ of Pension Plan Actuarial Assumptions.” Read the full article “The Gaming of Pension Plan Actuarial Assumptions.”… Continue Reading
The California Labor Commissioner’s Office has challenged Uber and Lyft in two new state-backed lawsuits that allege that the companies have engaged in “wage theft” by misclassifying their drivers as independent contractors. Filed in Alameda County, the suits are the most recent effort to enforce A.B. 5, which arguably caused a sea change in the analysis … Continue Reading
With remote work for adults and online distance learning for students here to stay, it is natural for parents with already demanding workloads to seek the help of others to keep their children busy and focused on learning during an already difficult situation. Many parents are searching for options, including engaging the services of at-home … Continue Reading
Challenges to the reasonableness of pension plan actuarial assumptions are confronting corporate plan sponsors not only with regard to their own plans but also with respect to the calculation of withdrawal liability when they exit a multiemployer plan. Since the enactment of the Multiemployer Pension Plan Amendments Act, withdrawal liability under the Employee Retirement Income … Continue Reading
Just one week after its release on July 24, California has already issued an updated version of its COVID-19 Employer Playbook for a Safe Reopening, which is intended to offer employers clear and practical guidance on how to safely reopen their businesses during the Coronavirus Disease 2019 (COVID-19) pandemic. In the latest update, employers are … Continue Reading
California employers have frequently been faced with confusing standards for the application of California’s stringent wage statement requirements for employees that routinely travel between states as a function of their jobs. The California Supreme Court recently addressed this issue in two companion cases: Ward v. United Airlines, Inc. and Oman v. Delta Air Lines, Inc., … Continue Reading
On July 14, 2020, Colorado Gov. Jared Polis signed SB20-205, known as the “Healthy Families and Workplaces Act” (the Act), into law. The law is an overhaul of Colorado’s paid sick leave statutes. It requires employers to provide paid sick leave to employees under various circumstances. In addition to addressing general paid sick leave, the … Continue Reading
This week California ordered the re-closure of certain higher risk workplaces, in response to an increase in the spread of Coronavirus Disease 2019 (COVID-19) in some parts of the state. The statewide order requires the following businesses to close immediately: Bars, pubs, and breweries, regardless of whether operating indoors or outdoors. However, outdoor operations may … Continue Reading
On July 15, 2020, Virginia’s Safety and Health Codes Board (Board), the body that establishes Virginia Occupational Safety and Health regulations and standards, approved workplace safety regulations related to Coronavirus Disease 2019 (COVID-19). Virginia is the first state in the country to enact such a standard or regulation, though other states, like Oregon, may follow … Continue Reading
Reaffirming its confidence in the thought leadership and experience within Greenberg Traurig, LLP’s Labor & Employment Practice, the American Bar Association appointed a pair of the firm’s shareholders for key roles within the ABA’s Section of International Law. Shareholder Kelly Dobbs Bunting, based in the Philadelphia office, will co-chair the International Employment Law Committee for … Continue Reading
Beginning July 6, Massachusetts will enter Phase 3 of the Four-Phase Reopening Plan. However, businesses located within Boston will have a delayed Phase 3 start date until July 13. Just as with Phase 2, Phase 3 will consist of two steps. According to the Governor’s office, Phase 3 will last much longer than previous phases, and … Continue Reading
Virginia’s General Assembly and governor worked together this year to enact a broad range of new employment laws that impact virtually every aspect of the employment relationship. These laws create new substantive and procedural protections for employees and impose new liabilities and burdens on employers, and they take effect July 1, 2020. Read the full … Continue Reading
In advance of Philadelphia entering the “green” phase and many businesses reopening, the Philadelphia City Council unanimously passed the Essential Workers Protection Act (Bill No. 200328) on June 25 and was signed by Mayor Jim Kenney on June 26, 2020. For purposes of this Act, introduced by City Councilwoman Helen Gym, essential workers are employees who … Continue Reading
Greenberg Traurig Shareholder John Richards and Associate Nicholas Corsano penned a guest article for Corporate Counsel following the recent Supreme Court ruling extending workplace protections to LGBT+ people. In their article titled, “Practical Implications for Employers on Recent SCOTUS Ruling Giving Title VII Protection for LGBT+ Employees,” Richards and Corsano offer advice for LGBT+ inclusion … Continue Reading
As California enters Stage 2 of its “Resilience Roadmap” plan to reopen, California Governor Gavin Newsom and the California Department of Public Health issued further guidance on June 18, 2020, mandating all Californians wear face coverings in various “high-risk” settings. The guidance updates a previous CDPH guidance (issued on April 1, 2020) that outlined best … Continue Reading
Effective June 22, 2020, Massachusetts moves into Step 2 of Phase 2 of the Four-Phase Reopening Plan. Businesses permitted to reopen in Step 2 can resume operations under their sector-specific guidance. In addition, prior to opening, the business must meet all safety standards, create a COVID-19 control plan, and complete a self-certification. Read the full … Continue Reading
On June 17, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance (see A.7.) stating employers cannot require workers to undergo Coronavirus Disease 2019 (COVID-19) antibody testing (as distinguished from testing for the COVID-19 virus itself). Increased COVID-19 antibody (or “serology”) testing has been cited as a helpful tool because it aids in understanding … Continue Reading
On June 6, 2020, Massachusetts Gov. Baker announced that Phase 2 of the Four-Phase Reopening Plan (known as the “cautions” phase), will start on June 8, 2020. Phase 2 will be divided into two parts, with certain businesses allowed to reopen on June 8, while others will be permitted to reopen at an unspecified date … Continue Reading
