Category Archives: Labor

Subscribe to Labor RSS Feed

COBRA Election and Enrollment Deadlines Extended During COVID-19 ‘Outbreak Period’

On May 4, 2020, in response to the Coronavirus Disease 2019 (COVID-19) pandemic, the Internal Revenue Service (IRS), Department of the Treasury, and the Employee Benefits Security Administration (EBSA), Department of Labor, issued rules extending deadlines for participants and beneficiaries of certain group health, disability, and welfare plans to make certain benefit elections, give certain … Continue Reading

OSHA Will Examine If Employers Determined Whether Employee COVID-19 Cases Are Work-Related For Purposes of Recording Workplace Injury and Illnesses

On May 19, 2020, OSHA issued another enforcement guidance memorandum regarding recording COVID-19 cases that rescinds the prior guidance and obligates employers to make at least some work-related determinations regarding employees who contract COVID-19. The new memorandum goes into effect May 26, 2020, and will remain in effect until further notice. By way of background, … Continue Reading

Fewer Commissioned Employees Eligible for Overtime Under New Employer-Friendly Department of Labor Rule

The United States Department of Labor (DOL) issued revised regulations on May 18, 2020, effectively expanding the exemptions under Section 7(i) of the Fair Labor Standards Act (FLSA), which permits certain commissioned employees of “retail or service establishments” to be considered exempt from overtime. Designed to “reduce confusion,” the new rule, which takes effect immediately, … Continue Reading

ReOpen DC Advisory Group Recommends Four-Stage Reopening Plan

On May 21, 2020, the ReOpen DC Advisory Group, led by Ambassador Susan Rice and Secretary Michael Chertoff, issued recommendations to Mayor Muriel Bowser for reopening the city in four stages. While the plan does not include specific dates, Mayor Bowser announced that Stage One could begin as early as May 29, 2020. This GT Alert summarizes the four … Continue Reading

DOJ and FTC Issue Joint Antitrust Statements for Businesses and Workers in Response to COVID-19 Pandemic

In April, the Antitrust Division of the Department of Justice and the Bureau of Competition of the Federal Trade Commission released a Joint Statement, warning they are “on alert” and will scrutinize employers – especially employers of front-line and essential workers such as doctors, nurses, grocery store employees, pharmacists, and warehouse workers – who engage in … Continue Reading

UK Employer COVID-19 Return-to-Work and Reporting Obligations Under RIDDOR

The UK national government has announced, in relation to England only, a programme of progressive easing of current lockdown measures due to Coronavirus Disease 2019 (COVID-19). With respect to working arrangements, the guidance provides that: [a]ll reasonable steps should be taken by employers to help people work from home. But for those who cannot work from … Continue Reading

New York DOH Issues Business Reopening Safety Plan

The New York State Department of Health has issued a model Business Reopening Safety Plan for businesses that will be reopening in Phase 1 of Gov. Cuomo’s four-phase reopening guidelines for various regions and industries in New York state. Read the full GT Alert, “New York DOH Issues Business Reopening Safety Plan.”… Continue Reading

New Jersey to Permit Curbside Pickup at Non-Essential Retail Businesses, Non-Essential Construction, and Gatherings in Cars

On May 13, 2020, in a step towards reopening New Jersey’s economy during the COVID-19 pandemic, Gov. Phil Murphy signed Executive Order No. 142, which among other things (i) permits “non-essential” retail businesses to operate on a “curbside pickup” basis, and (ii) lifts the ban on non-essential construction projects. Executive Order No. 142 modifies earlier Executive … Continue Reading

Massachusetts Announces Four-Phase Reopening Approach and Mandatory Workplace Safety Standards

On May 11, 2020, Massachusetts Gov. Baker announced a four-phase approach to reopening the Massachusetts economy in light of the Coronavirus Disease 2019 (COVID-19) pandemic. The phased reopening is based on public health guidance, and is intended to allow certain businesses, services, and activities to resume, while aiming to protect public health and limit a … Continue Reading

COVID-19 and Retirement Plan Partial Terminations

Among the longer-term considerations for employer layoff and furlough decisions is the impact on a single employer pension, profit sharing, or 401(k) plan. In general, a 401(k) plan can sustain a partial termination when 20% of the participants in a given year are involuntarily terminated. 26 U.S.C. §411(d); Rev. Proc. 2007-43. Partial termination is a … Continue Reading

Handling Employee Concerns and Protests During the Pandemic: Federal Law on Interference with Operations

Work stoppages and disruption of operations are consequences of the Coronavirus Disease 2019 (COVID-19) pandemic. This GT Alert provides an overview of federal law regarding employee protections associated with work stoppages that protest safety in the workplace. Read the full GT Alert here: “Handling Employee Concerns and Protests During the Pandemic: Federal Law on Interference … Continue Reading

The Interplay Between the Massachusetts Unemployment Assistance Program, the Massachusetts WorkShare Program, and the Enhanced Unemployment Benefits in the CARES Act

The current COVID-19 public health crisis has brought about significant changes to unemployment benefit programs at the state and federal levels. This GT Alert discusses these changes, the interplay between the state and federal unemployment laws, and provides an overview of the Massachusetts WorkShare program, which may provide greater flexibility to employers and benefits to … Continue Reading

The CARES Act and the Self-Employed: A Primer

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) offers economic aid, such as small business loans and unemployment assistance, to self-employed individuals who traditionally have not been eligible for such benefits. Businesses that rely on gig-economy workers may classify these individuals as independent contractors instead of employees, leaving such workers with limited options … Continue Reading

National Labor Relations Board Kicks Off Rulemaking for Election Procedures

The current National Labor Relations Board (NLRB or Board) continues to take steps toward reversing union-friendly Obama-era NLRB rules and regulations. Previously, the Board sought public comment on whether it should change the NLRB rules and regulations established in 2015, also referred to by some as the “Ambush Election” Rules or “Quickie Election” Rules. On … Continue Reading

The LAUSD Strike and Its Impact on Employers

Jan. 17, 2019, marks the fourth day of the Los Angeles Unified School District (LAUSD) teachers’ strike. For now, the nation’s second largest school district is using substitute teachers to keep classrooms open on a regular schedule for the hundreds of thousands of elementary, middle, and high-school students LAUSD serves, though as discussed below, certain … Continue Reading

Employers’ Obligations Under the California Consumer Privacy Act

Jan. 1, 2020, marks the effective date of the recently enacted California Consumer Privacy Act (CCPA), a new law that requires companies to comply with numerous requirements related to collecting and processing personal information of California employees and other individuals. Don’t let the “Consumer” language of the CCPA fool you – under the CCPA, the … Continue Reading

Budding Use of Legal Marijuana Creates Sticky Situation for NJ Employers

Kristine J. Feher and Danielle E. Gonnella co-authored an article in the New Jersey Law Journal titled “Budding Use of Legal Marijuana Creates Sticky Situation for NJ Employers.” The article discusses the whole new arena of substance-related challenges faced by employers in states where marijuana has been legalized for medical and/or recreational use, or decriminalized. To … Continue Reading

California Supreme Court Holds California Statutes and Wage Orders do not Incorporate FLSA De Minimis Doctrine; Declines to Decide Whether De Minimis Principle May Ever Apply to Wage and Hour Claims

On July 26, 2018, the California Supreme Court issued a long-awaited decision in Troester v. Starbucks Corporation, in which it considered the applicability of the de minimis doctrine to claims for unpaid wages under the California Labor Code. The de minimis doctrine is an application of the legal maxim that “the law does not concern itself with … Continue Reading

NLRB Returns to Browning-Ferris Test for Joint Employment

On Feb. 26, 2018, the National Labor Relations Board (NLRB or Board) issued an order reinstating the Browning-Ferris standard for evaluating joint employer status, once again leaving franchisors open to an increased risk of being found to be a joint employer of franchisee’s employees and potentially liable for labor law violations. The Board’s 3-0 Order … Continue Reading

GT’s Labor & Employment Law Update 2017

The past year saw many significant developments in the area of labor and employment law at all levels of government. Simply by way of example, new legislation imposed additional obligations on employers that operate in New Jersey and New York; federal Courts of Appeals “clarified” standards applicable to workplace discrimination claims; and under the Trump … Continue Reading

Greenberg Traurig Attorneys Ian R. Macdonald and Jamie R. Adams Featured in SHRM Online

Jamie R. Adams and Ian R. Macdonald recently published an article in SHRM Online titled, “Immigration Rechecks May Violate the NLRA.” The article discusses I-9 rechecks and the potential for violations of federal labor law, as organizations must satisfy their obligations to comply with both the Immigration Reform and Control Act of 1986 (IRCA) and … Continue Reading

4 Greenberg Traurig Attorneys Listed in Who’s Who Legal, Labour & Employment 2017

Four attorneys from global law firm Greenberg Traurig, LLP have been recognized in Who’s Who Legal: Labour, Employment & Benefits Guide 2017. Featured in the guide are: Labor & Employment Peter W. Zinober, who specializes in the defense of employment discrimination cases in state and federal court, both jury and non-jury, as well as wage … Continue Reading

Court Stays DOL Overtime Rule, Holds Increased Salary Test Impermissibly ‘Supplants’ Duties Tests

The proposed overtime rules will not go into effect on Dec. 1. In a closely-watched case brought by 21 states (and joined by numerous business organizations) challenging the Department of Labor’s (DOL) rule amendment which would have roughly doubled the minimum salary threshold for many employees to be considered exempt from federal overtime requirements (set … Continue Reading

Greenberg Traurig Webinar: Labor & Employment Law and the New Administration – Looking Ahead

Greenberg Traurig will provide an informative webinar to discuss what employers should expect in 2017 regarding labor and employment legislation and litigation under the new administration.  Our panel will focus on anticipated revisions and potential hot button issues in the employment arena, and what employers of all sizes can do to prepare.  To learn more … Continue Reading
LexBlog