Introduction: On May 12, 2020, we reported on a lawsuit filed by California Attorney General Xavier Becerra and the city attorneys of San Francisco, Los Angeles, and San Diego against Uber and Lyft on May 5, 2012, seeking to require them to reclassify their drivers as employees, entitled California v. Uber Technologies Inc. and Lyft Inc., San Francisco Superior Court Case No. CGC-20-584402 (discussed in further detail here).
Archives for August 13, 2020
Top Five Labor Law Developments for July 2020
The National Labor Relations Board (NLRB) modified its standard for determining whether an employer may lawfully discipline an employee for abusive or offensive statements and conduct in the context of activity otherwise protected under the National Labor Relations Act (NLRA).
Amy Peck Discusses Federal Investigations into Use of Foreign Workers by U.S. Contractors
Amy Peck discusses the implications of an executive order mandating federal investigations into the workforce impact of U.S. contractors hiring foreign workers in “White House Orders Review of Foreign Hiring by Federal Contractors,” published by SHRM.
“Wage and Hour in the Time of COVID-19,” BLR’s Compensation Management News and Corporate Compliance News
Maggie Spell, a partner in the Labor & Employment Practice Group in the New Orleans office, wrote the article “Wage & Hour in the Time of COVID-19,” published in BLR’s Compensation Management News and in Corporate Compliance Insights.
Suffolk County, NY Bans Hairstyle and Religious Garment Discrimination
Effective July 23, 2020, Suffolk County, New York amended its Human Rights Law to ban race and religious discrimination based on hairstyle, hair texture, and religious garments as components of “group identity” under the county’s Human Rights Law.
Littler CaseSmart® Celebrates 10th Anniversary
(August 12, 2020) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce the 10-year anniversary of its award-winning Littler CaseSmart® (LCS) platform.
DHS Blocked From Enforcing New Public Charge Rule During COVID-19 Pandemic
On July 29, 2020, the U.S. District Court for the Southern District of New York issued an injunction immediately blocking the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) from enforcing the Trump administration’s new public charge rule during the COVID-19 pandemic.
Court Denies Preliminary Injunction of Title IX Effective Date
On June 4, 2020, the Commonwealth of Pennsylvania, along with 17 other states, filed suit against the United States and Betsy DeVos, in her official capacity as Secretary of Education, to prevent implementation of the Title IX Rule (“Final Rule”) the Department of Education issued on May 6, 2020.1 Among
These Coronavirus-Related Workplace Issues May Lead to Lawsuits
Michael Lotito encourages employers to establish trusting relationships with employees.
SHRM Online
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Plan Defends Valuation of Accounts in Midst of COVID-Related Market Volatility
A 401(k) plan and its administrators are defending the administrator’s decision to require a special valuation of former employees’ account values, given extraordinary market changes due to the COVID-19 pandemic. Under the terms of the plan at issue, when a former employee seeks a distribution of his or her plan
Race in the Workplace – How to Create an Inclusive Environment
Yvette Gatling urges employers to establish anti-discrimination and anti-harassment policies.
FocalPoint
Executive Memorandum Permits Individuals to Defer Certain Payroll Tax Obligations
On August 8, 2020, President Trump issued a memorandum with the stated purpose of providing “further temporary relief … to support working Americans” by enabling the deferral of employee Social Security taxes for specific individuals.
The GOP’s Current Proposal for COVID-Related Lawsuit Protections: A Q&A From the Plaintiff and Defense Perspective
Harry Jones describes provisions of legislation being considered by Congress.
Corporate Counsel
Demand face masks? Get sued. Lax requirements? Also get sued.
Peter Petesch considers mask requirements and the rights of individuals under the Americans with Disabilities Act.
Legal Newsline