Tag Archives: GT

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 Are Heating Up 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

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

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

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

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

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

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

EEOC Coronavirus Disease 2019 Guidance to Employers

The U.S. Equal Employment Opportunity Commission (EEOC) issued a bulletin this morning advising that Field Offices have temporarily stopped conducting in-person intake interviews due to the current health situation. Before closing its doors, though, the U.S. Equal Employment Opportunity Commission (EEOC) confirmed in a short online article, What You Should Know About the ADA, the Rehabilitation Act, and … Continue Reading

Employment Law Provisions of H.R. 6201, Families First Coronavirus Response Act

Just after midnight on March 14, 2020, the U.S. House of Representatives passed H.R. 6201, the “Families First Coronavirus Response Act,” as a broad response to many of the challenges caused by the current and impending spread of the novel coronavirus known as COVID-19 (“coronavirus”). H.R. 6201 has eight provisions intended to assist people, and … Continue Reading

Georgia Bill Would Require Employers to Provide Employee Breaks to Pump Breast Milk

On Jan. 29, 2020, Senate Bill 327, known as “Charlotte’s Law,” was introduced in the Georgia General Assembly, requiring employers to provide reasonable breaks for pumping breastmilk. The bill was inspired by a public school teacher whose supervisor would not allow her to pump during her planned break. The teacher was given an ultimatum to either … Continue Reading

Coronavirus and the Occupational Safety and Health Act: What Employers Need to Know

As the novel coronavirus (Coronavirus) continues to spread in China and around the world, employers may want to consider steps to take in addressing the Coronavirus in the workplace. The Occupational Safety and Health Administration (OSHA) recently published a webpage that provides workers and employers with interim guidance and resources for preventing exposure to the … Continue Reading

New York, New Jersey Employers Now Prohibited From Inquiring About Salary History

As noted in our 2019 legislative update, New Jersey and New York have joined a growing number of states in prohibiting employers from asking job applicants about their salary history. Both states’ legislation became effective earlier this month after being signed into law last year. As of January 2020, other states that prohibit all private employers … Continue Reading

D.C. Circuit to Take on OSHA Authority to Regulate Workplace Violence

On Jan. 9, 2020, the U.S. Court of Appeals for the District of Columbia heard oral argument in BHC Nw. Psychiatric Hosp. LLC v. Sec’y of Labor, a case that asks the court to decide how far the Occupational Safety and Health Administration (OSHA) can go when directing a hospital to put in place measures to … Continue Reading

AB 5 Update: The California Supreme Court Will Likely Decide if Dynamex Is Retro in 2020

On Jan. 15, 2020, the California Supreme Court granted, and then deferred further action on, the appeal of a lower appellate court’s opinion in Gonzales v. San Gabriel Transit, Inc. pending its disposition of Vazquez v. Jan-Pro Franchising Int’l, Inc., which takes up the common issue of whether the Dynamex decision applies retroactively. Last year, … Continue Reading

New York Seasonal and Holiday Employees

The holidays are upon us, NYC is bustling with tourists, and, with the typical surge in business this time of year, employers may be thinking about adding a few employees to their December and January schedules. This GT Alert provides important considerations with respect to those seasonal employment offers, including minimum wage, sexual harassment training, … Continue Reading

Reminder: Jan. 1, 2020, Effective Date Quickly Approaching for New Overtime Rules

The U.S. Department of Labor (DOL) final rule raising the annual minimum salary requirements for the Fair Labor Standards Act (FLSA) overtime exemptions for executive, administrative, and professional employees is effective Jan. 1, 2020. Employers who have not yet begun or completed their audit and review of their employee classifications should immediately start the process … Continue Reading

2019 Employment Law Snapshot: New Jersey, New York, and Pennsylvania

In 2019, New Jersey, New York, and Pennsylvania each enacted substantial legislation affecting companies that employ individuals in those states. This GT Alert provides a summary of the most significant of these legislative changes and will help employers stay abreast of the changes relevant to their businesses. Please note that the laws described extend protections to … Continue Reading

Employment and Pension Law Update 2019: The Netherlands

This GT Alert provides an update on employment and pension law in the Netherlands for 2019. Topics covered include diversity in boards of larger companies; the Balanced Labour Market Act (Wab), effective 1 January 2020; amendments to restructuring rules applied by the Employee Insurance Agency (UWV), effective 1 October 2019; Dutch pension system reforms; and … Continue Reading

Reminder: Oct. 9, 2019, Deadline Approaches for New York Sexual Harassment Prevention Training

New York employers have until Wednesday, Oct. 9, 2019, to train each of their employees on sexual harassment prevention. The training must be conducted annually thereafter, and must satisfy all of the statutory requirements for content and interaction. Employers who have not yet conducted training should do so as soon as possible. For more information, … Continue Reading

Department of Labor Announces Final Changes to Overtime Rules

The U.S. Department of Labor (DOL) on Sept. 24, 2019, announced a final rule raising the annual minimum salary requirements for the Fair Labor Standards Act (FLSA) overtime exemptions for executive, administrative, and professional employees. The final rule, effective Jan. 1, 2020, will significantly impact businesses. Experts predict the rule could result in the reclassification … Continue Reading

AB5 Update: California Legislature Seeks Shake-Up of Gig Economy; Any Impact of CA Independent Contractor Laws on Franchisors Remains Unclear

On Sept. 18, California Gov. Gavin Newsom signed Assembly Bill 5 (AB5) into law. AB5, effective Jan. 1, 2020, seeks to codify and clarify a California Supreme Court case (Dynamex Operations West, Inc. v. Superior Court of Los Angeles), which dramatically changed the standard for determining whether workers in California should be classified as employees … Continue Reading
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