Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part seven of this series addresses several provisions of
Archives for July 10, 2020
High Court Declines to Resolve Circuit Split on Whether Prior Salary is “A Factor Other Than Sex” that Can Justify a Pay Disparity Under the Federal Equal Pay Act
On July 2, 2020, the U.S. Supreme Court declined to review the Ninth Circuit’s decision in Rizo v. Yovino.1 The federal Equal Pay Act (EPA)2 requires “equal pay for equal work regardless of sex,” subject to four exceptions. The question presented on the request to review the decision was whether prior
Beltway Buzz, July 10, 2020
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
FMCSA Announces It May Not Enforce Minimum Required Random Drug and Alcohol Test Rates During 2020
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued a Notice of Enforcement Discretion Determination on July 6, 2020 concerning random drug and alcohol testing during calendar year 2020. Due to the coronavirus pandemic, FMCSA stated that it recognizes that covered motor carriers may not be able to
Santa Clara County Announces New Health Order in Response to Accelerating COVID-19 Cases
On July 2, 2020, the health officer for the County of Santa Clara, California, issued a new health order titled “Establishing Mandatory Risk Reduction Measures Applicable to All Activities and Sectors to Address the COVID-19 Pandemic.” The order goes into effect on July 13, 2020.
Practical Questions for Employers Following the Bostock Decision, Part 3: Pronouns and Honorifics
On June 15, 2020, the Supreme Court of the United States issued its decision in Bostock v. Clayton County, Georgia, holding that, pursuant to Title VII of the Civil Rights Act of 1964, covered employers may not discriminate against applicants or employees on the basis of sexual orientation or gender
Sacramento, California’s Worker Protection, Health, and Safety Act Adds to the Ever-Growing Patchwork of COVID-19-Related Workplace Mandates
On June 30, 2020, the Sacramento City Council enacted the Sacramento Worker Protection, Health, and Safety Act. This ordinance, which becomes operative on July 15 and sunsets on December 31, 2020,1 addresses various workplace concerns in light of the COVID-19 pandemic. The ordinance has six particularly notable provisions: 1) Employer
More and More California Cities Are Adopting ‘Right-to-Recall’ Laws
Bruce Sarchet discusses the recent trend in California regarding cities passing employment laws applicable to employers within their city limits.
Daily Journal
Foreign Nationals Reach End of Permanent Residency Process, but See Green Card Processing Delays
The reported failure of USCIS to renew its contract with an outside vendor in June, because it planned to bring all printing of Green Cards in-house, may be the reason foreign nationals who have managed to make it through the arduous permanent residency process are not receiving their “Green Cards.”
SCOTUS Strengthens Religious Exemptions From Workplace Discrimination Law and ACA Birth Control Mandate
The United States Supreme Court issued two decisions this week in cases involving religion and the workplace. In one case, the Court held that religious organizations may not be sued for discrimination by their teachers. In the
Pennsylvania Supreme Court Addresses Consideration for Noncompetes
In Pennsylvania, noncompetition agreements must, among other things, be supported by adequate consideration to be enforceable. It is well established that an initial offer of employment constitutes adequate consideration. It is also well established that a noncompetition agreement presented to an employee after the start of employment must be supported
Minneapolis’s Sick and Safe Time Ordinance Applies to All Employees Who Work in City, State Supreme Court Rules
The City of Minneapolis’s Sick and Safe Time Ordinance requiring employers with employees who perform at least 80 hours of work in a year in the city with paid time off for illness or other personal matters does not conflict with state laws on the subject, nor does it unlawfully
Guidance for UK Employers on the Immigration Implications of COVID-19
In light of the Home Office now making regular policy announcements and issuing revised guidance, here are the main immigration law issues that employers may want to keep in mind in order to consider the implications of COVID-19 on their organisations.
What Businesses Can Do to Prepare for Further Closure Orders
Many businesses are beginning their re-opening phases, while others are being forced to close again due to COVID-19 fluctuations. In such uncertain circumstances, many employers are struggling to find a balance between the safe and efficient operation of their businesses, and preparation for potential closure orders and/or business restrictions.
Due
Is Personal Information of Retirement Plan Participants an ERISA Plan Asset?
A little more than one year ago, we reported on a settlement (Cassell et al. v. Vanderbilt University, et al.) involving the alleged wrongful use of personal information belonging to retirement plan participants, claimed to be “plan assets.” This year, similar claims have been made against Shell Oil Company in connection