Tag Archives: Greenberg Traurig

DOL Amends FFCRA Regulations to Address Concerns Raised by Judge’s August 2020 Decision

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

New York Federal Judge Strikes Down DOL ‘Joint Employer’ Rule

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

DOL Issues Guidance on Wage-and-Hour Obligations as Pandemic Increases Telework

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

Impersonators Beware: Claim Preclusion of Copycat PAGA Lawsuits

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

Department of Health and Human Services’ LGBTQ+ Discrimination Rule Blocked by Eastern District of New York

On August 17, 2020, the Eastern District of New York granted the Plaintiffs’ request for a stay and a preliminary injunction precluding the U.S. Department of Health and Human Services (HHS) from implementing a recently issued final agency rule that would remove anti-discrimination provisions presently provided under the Affordable Care Act (ACA) for LGBTQ+ patients. … Continue Reading

California Wildfires Increase Employer Concerns

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

California Revamps its Reopening Criteria for Businesses and Activities

On Friday, August 28, 2020, Governor Newsom unveiled the state’s new tiered system for identifying and reducing COVID-19 infection risks in each county. This new “blueprint” is aimed at reducing instances of COVID-19 by imposing revised criteria for both easing and tightening restrictions on the activities of California residents and businesses. Under the new system, which … Continue Reading

Collision: Collateral Effects of California’s Lawsuits Against Lyft and Uber

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

Was Mary Poppins an Employee Under California’s ABC Test?

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

Multiemployer Plans Poised For More Assumption Rate Suits

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

Federal Judge Grants NY’s Motion to Vacate FFCRA’s ‘Work Availability’ Requirement, Other Important Provisions of DOL’s ‘Final Rule’

Shortly after the United States Department of Labor (DOL) issued its Final Rule implementing provisions of the Families First Coronavirus Response Act (FFCRA), the state of New York filed suit under the Administrative Procedure Act contending that certain aspects of the Final Rule exceeded the DOL’s authority. By Opinion and Order dated Aug. 3, 2020, … Continue Reading

High Court Articulates Test for Applicability of California Wage Statement Requirements to Interstate Workers

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

Colorado Passes the Healthy Families and Workplaces Act

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

California Makes A U-Turn

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

Greenberg Traurig Labor & Employment Shareholders Selected for ABA International Employment Committee

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

More Businesses Allowed to Reopen as Massachusetts Moves Into Phase 3 on July 6

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

Reminder: Virginia’s New Employment Laws Take Effect July 1

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

Philadelphia City Council Passes Bill Prohibiting Employers from Retaliating Against Workers for Speaking Out About COVID-19 Safety Violations

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 Attorneys John Richards and Nicholas Corsano Author Corporate Counsel Article on LGBT+ Workplace Inclusion

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

California Requires Face Coverings as Coronavirus Cases Increase

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

Greenberg Traurig Attorneys Jeffrey Mamorsky and Jonathan Sulds’ Pen ERISA Column in Pensions and Investments

Whether the 5-4 Supreme Court decision in Thole vs. U.S. Bank on June 1 is “good news” for employers and will limit lawsuits by defined benefit participants, as some commentators have forecast, remains to be seen. From the perspective of advising fiduciaries how to discharge their responsibilities and avoid litigation, however, what the majority opinion … Continue Reading

Massachusetts Updates Sector-Specific Safety Standards for Phase 2 Step 2 of Economic Reopening

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

EEOC Issues Updated Guidance on COVID-19 Antibody Testing

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

Supreme Court Rules Title VII protects LGBT+ Employees from Workplace Discrimination: Practical Implications for Employers

What do a gay child-welfare advocate from Georgia, a transgender funeral home employee from Michigan, and a gay skydiving instructor from New York have in common? According to the Supreme Court of the United States, they were all discriminated against in violation of Title VII of the Civil Rights Act of 1964 (Title VII) when their … Continue Reading
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