Labor law - United States

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‘labor law’

DOL Withdraws Several Opinion Letters Issued Under Trump Administration
I know you’re thinking, what possibly can a turtle hiding in his shell have to do with wage and hour law?! Since the Biden Administration has begun, several Department of Labor (DOL) opinion letters have been withdrawn (get it yet?) by the DOL (and are no longer assessable). In this instance, they may no longer... (See Article)
8 Mar 2021
Profits
In Woods v. Seattle’s Union Gospel Mission, (WA Sup. Ct., March 4, 2021), the state of Washington’s Supreme Court rejected a facial challenge to an exemption in the state’s anti-discrimination law for religious and other non-profit corporations. Plaintiff was denied employment by a Christian legal aid program for the homeless because he was in a same-sex... (See Article)
8 Mar 2021
19 Infection, California Court Rules
One year into the COVID-19 pandemic, U.S. courts are wrestling with a growing number of new legal theories related to COVID-19. Not surprisingly, California – the most populous state with some of the most employee friendly laws and courts – leads the way with the most COVID-19 employment lawsuits filed. Nonetheless, a Northern District of California decision, dismissing an attempt by an employee and his wife to hold an employer liable for COVID-19-related injuries, provides employers with some welcome relief... (See Article)
8 Mar 2021
How do you show a causal link between an adverse action and protected activity in retaliation claims?
In order to make a viable retaliation claim, a plaintiff must generally have evidence of each element of a what is called a prima facie case.  The phrase prima facie simply means “on first impression.”  In the employment law context, a prima facie case means the basic elements of a claim that, if true, give... (See Article)
8 Mar 2021
The Dialogue: Pandemic Anniversary and Vaccines, #MeToo, Discrimination Cases and More
Today, I bring back one of my favorite recurring features – my conversations with employee-side attorney Nina Pirrotti. As we’ve moved our conversations (“The Dialogue”) from written to virtual format, we still find the effects on employment law by the pandemic to be wide-ranging.  While vaccinations are welcome, the move to remote work has created... (See Article)
8 Mar 2021
Wide Ban on Goods from Xinjiang Region of China
Review Your Supply Chain and Establish Compliance Plans Because Forced Labor Laws are Here to Stay - If passed, these bills will grant US Customs and Border Protection authority for a region-wide WRO enabling the agency to detain all products from XUAR. (See Article)
8 Mar 2021
Mandated Vaccinations
Per recent federal employment law guidance, private employers can generally require employees to get vaccinated for COVID-19 as long as they comply with federal employment laws that prohibit discrimination on the basis of religion and disability. At the state level, with the increasing availability of the COVID-19 vaccine, a number of states are beginning to consider passing legislation to prevent employers from mandating vaccinations and protect those who refuse vaccinations... (See Article)
8 Mar 2021
Illinois Set To Impose New Restrictions And Requirements On Employers
Illinois is not only poised to join the ranks of states that either prohibit or limit employers’ ability to evaluate applicants’ and employees’ criminal conviction records, but also implement a retaliation standard that more heavily favors employees. In February 2021, the Illinois legislature sent Governor J.B. Pritzker Senate Bill 1480 (SB 1480), which would amend the Illinois Human Rights Act and Illinois Equal Pay Act, among other state laws. The governor is likely to sign this bill into law in the very near future, so Illinois employers should expect to soon make substantial changes to their hiring and employment practices. (See Article)
8 Mar 2021
Alabama
The next state in our series exploring non-compete agreements is Alabama. The Yellowhammer State has a fulsome history of litigation (resulting in many reported decisions) involving non-competes and other post-employment competitive restrictions. The legislature has recently revised its non-compete statute, codifying existing law in some areas, while making new law elsewhere. For this chapter, we’ll add the insights of my Birmingham, Alabama, partner John Goodman, who has for more than 30 years represented non-compete plaintiffs and defendants in Alabama courts (as well as the courts of more than a dozen other states)... (See Article)
8 Mar 2021
New Jersey's Recreational Cannabis Bill Contains New Employment Protections and Unique Drug Testing Requirements
On February 22, 2021, New Jersey Governor Phil Murphy signed the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) into law. The move follows New Jersey voters’ passage of a ballot initiative last November to legalize recreational cannabis for those 21 and older. (See Article)
8 Mar 2021
Legislative Update: Paid Leave and Accommodation Tops 2021 Legislative Year
Seyfarth Synopsis: Headlining the number of employment-related bills California legislators introduced by the February 19th deadline are those that would extend COVID-19 Supplemental Paid Sick Leave and provide other leaves and accommodations. After last year’s pandemic-caused truncation of the 2020 legislative session—in which the governor signed only 372 new laws, the fewest since 1967—many expected the... (See Article)
5 Mar 2021
Only Policies
In my next installment of what has turned out to be a series on the articles written by EEOC staff members for its quarterly Digest of Equal Employment Opportunity Law, I offer you some interesting tidbits from its most recent publication, addressing national origin discrimination under Title VII – a protected characteristic that is surprisingly... (See Article)
5 Mar 2021
SixFifty’s Latest Product Automates Every Wilson Sonsini Employment Policy
I’ve written a number of times about SixFifty, the technology subsidiary of the law firm Wilson Sonsini Goodrich & Rosati, which has been automating the firm’s legal expertise to create tools that businesses and individuals can use to make legal processes more efficient and affordable. Its first product, launched in 2019, automated compliance with the California... (See Article)
5 Mar 2021
A Look Ahead: The First 100 Days of the Biden Administration and What Employers Need to Know
On Friday, March 5, join us for a panel discussion focused on the new administration and the anticipated impact on employment and immigration laws and regulations. Employers and government contractors will hear key takeaways based on the first signed executive orders (EOs) to the many EOs that are coming. Topics: Overview of the U.S. House... (See Article)
5 Mar 2021
Classification Battles Set to Heat Up in 2021
Employers grappling with independent-contractor classification had a busy 2020—and should expect a flurry of additional activity this year. Few areas in employment law are changing as rapidly. Last year, many concerned about the future of contractor-classification laws paid careful attention to California and AB 5, which went into effect on Jan. 1, 2020, and codified the California Supreme Court’s landmark decision in Dynamex Operations West Inc. v. Superior Court of Los Angeles. In a recent article for Law360, McDermott partners Ellen Bronchetti and Ron Holland consider the impacts of the California law on the gig economy, employer classification tests and organized labor in the United States... (See Article)
5 Mar 2021
Food Industry— Progressive Discipline Rules, “Just Cause” Discharge, Predictive Scheduling, and More
Mayor Bill de Blasio recently signed two bills, Int. No. 1415-A and Int. No. 1396-A, into law (collectively, the “Laws” or “Law”) that will have a dramatic impact on fast-food employment. Effective July 4, 2021, the Laws will subject covered New York City fast-food restaurant employers to sweeping new obligations that will grant their employees rights and protections typically possessed only by employees covered by a collective bargaining agreement with a union. (See Article)
4 Mar 2021
New Antitrust and Money Laundering Laws to Expand OSHA Whistleblower Claims
Seyfarth Synopsis: The U.S. Department of Labor announced last week OSHA will oversee the processing of worker retaliation complaints filed under two new whistleblower statutes – the Criminal Antitrust Anti-Retaliation Act and the Anti-Money Laundering Act. (See Article)
4 Mar 2021
UPDATED March 2021
Update: The Alert below discuses wellness rules proposed by the Equal Employment Opportunity Commission (EEOC) under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. Those proposed rules have been formally withdrawn. While the EEOC’s next steps are unclear at this time, employers should keep apprised of future guidance from the EEOC and continue to comply with other applicable laws regarding wellness programs... (See Article)
4 Mar 2021
Video: EEOC Withdraws, DOL Rolls Back, and OSHA Expands – Employment Law This Week
As featured in #WorkforceWednesday:  In the past week, regulatory withdrawals, rollbacks, or new proposed rules are impacting everything from COVID-19 vaccine incentives to joint-employer status. (See Article)
4 Mar 2021
Study Finds Bias Among Judges in Discrimination Cases
Well, a recent study confirms what many of us expected. Joanna Shepherd, law professor at Emory University, conducted a study of employment discrimination lawsuits.The study looked at whether backgrounds of individual federal judges had an impact on the outcome of a discrimination lawsuit. The study asks whether the professional background of some judges makes them more... (See Article)
4 Mar 2021
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