Tag Archives: GT Insight

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

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

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

Virginia Becomes First State to Adopt COVID-19-Related Workplace Health and Safety Standard

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

Law360 Rising Star: Greenberg Traurig’s John Richards

Shareholder John Richards has earned a spot as one of Law360’s employment law Rising Stars. The publication’s feature article notes: “Richards has a unique practice in that he serves as a point of contact for businesses in the retail and e-commerce sectors, and he works with lawyers across Greenberg Traurig’s platforms to meet their legal … 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 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

Timothy Long and Lindsay Hutner to Participate at Bridgeport’s Independent Contractor, Joint Employment Misclassification Litigation 2020 Teleconference

Timothy Long and Lindsay Hutner of global law firm Greenberg Traurig, LLP will participate in the Independent Contractor, Joint Employment Misclassification Litigation Teleconference program on June 30. Hosted by Bridgeport Continuing Education, the teleconference will discuss the challenges of how to classify independent contractors and employees and which employees are exempt. According to its website, Bridgeport … 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

Massachusetts Implements New Guidelines for June 8 Start Date for Phase 2 of Economic Reopening

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

Workplace Safety Review Podcast: Episode 1 | Interview with NIOSH Director John Howard on COVID-19’s Impact on Workplace Safety

Host Michael Taylor, Chair of Greenberg Traurig’s OSHA Group, interviews John Howard, Director at the National Institute for Occupational Safety and Health for episode one of the Work Place Safety Review, a Greenberg Traurig podcast. Taylor asks Howard questions regarding the realities of workplace safety in the face of COVID-19, including the difficulty of determining … Continue Reading

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
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