As we previously reported, since the outset of the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) has issued instructions, statements, and guidance to help employers navigate COVID-19’s workplace impact. On September 8, 2020, the EEOC updated its “Technical Assistance Questions and Answers,” which include updates relating to COVID-19
Archives for September 11, 2020
OFCCP Posts CSAL for Supply & Service and Construction Contractors
On September 11, 2020, the Office of Federal Contract Compliance Programs (OFCCP) published a Corporate Scheduling Announcement List (CSAL) of “Supply & Service” contractors and subcontractors and, for the first time, a CSAL of construction contractors identified for potential compliance evaluations to its Freedom of Information Act (FOIA) Library.
CA Amends Prohibition on No-Rehire Provisions in Settlements of Employment Disputes
By: CA Amends Prohibition on No-Rehire Provisions in Settlements of Employment Disputes
On September 11, 2020, Governor Newsom signed AB 2143 into law. This bill, which takes effect January 1, 2021, makes some modest changes to a law that was enacted last year to generally prohibit the use of no-rehire provisions
EEOC: A “Pattern and Practice” is Not a Standalone Basis to Sue
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued an opinion letter clarifying its authority to bring “pattern and practice” lawsuits under § 707(a) of Title VII of the Civil Rights Act of 1964. The Commission’s detailed guidance, issued September 3, 2020, announces a more restrained approach by the agency
Beltway Buzz, September 11, 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.
California Passes Law Changing the Test for Independent Contractor Status for Certain Types of Workers
As the fallout from the California Supreme Court’s 2018 decision in Dynamex Operations West v. Superior Court continues to plague businesses, the California legislature continues to grapple with crafting legislative exceptions from the decision. In
California Enacts New Law Requiring Large Employers to Provide Supplemental COVID-19 Paid Sick Leave
By: California Enacts New Law Requiring Large Employers to Provide Supplemental COVID-19 Paid Sick Leave
On Wednesday, Governor Newsom signed AB 1867 into law. This new law is effective immediately (no later than 10 days after enactment) as urgency legislation. The new law essentially seeks to fill the gap left by
Jury Trials – Part 3 – Jury Trials During and Post-COVID
In this third of a three-part series, Littler Los Angeles Shareholder and trial attorney Helene Wasserman interviews Dr. Dan Gallipeau, co-founder and President of Dispute Dynamics, a nationally-recognized jury consulting firm, about what a jury trial is likely to look like in our safety-conscious and socially-distanced COVID era.
Don’t Get Caught by Surprise – Oregon’s Workplace Fairness Act Provisions Take Effect October 1, 2020
The final provisions of Oregon’s Workplace Fairness Act (OWFA) go into effect on October 1, 2020—less than a month away. All employers doing business in Oregon will need to make changes to their harassment policies and settlement, severance, and separation agreements to be compliant with the OWFA. Below are
20 Tips for U.S. Virgin Islands Employers in 2020: Compensating Hourly Employees for Regular and Overtime Hours
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 10 of this series addresses the laws relevant
Marijuana Legalization Update for 2020: A Primer on the Latest Medicinal and Recreational Use News
In the past several years, marijuana legalization has become an increasingly difficult issue for employers to navigate. Marijuana legalization raises challenging workplace questions related to drug testing, disability accommodation, workplace safety, hiring, and employment termination, among other issues. Because of the fast-evolving nature of marijuana laws, and the wide variance
First Circuit Holds FAA Does Not Drive Independent Contractors’ Class Action Wage Claims Case
Recently, and for the first time in more than 20 years, the United States Court of Appeals for the First Circuit ruled on the transportation worker exemption contained in Section 1 of the Federal Arbitration Act (FAA). In Waithaka v. Amazon.com, Inc., 966 F.3d 10 (1st Cir. 2020), the court
Internal Investigations and Work Product: Recent Cases
In this column on corporate employment issues, Philip M. Berkowitz, discusses the application of the work product doctrine to internal investigations.
DHS to Propose Expansion of Biometrics Collection
On September 11, 2020, the Department of Homeland Security (DHS) will release a new regulation for notice-and-comment that proposes to expand the collection of biometric data and give DHS increased flexibility to deal with emerging needs. Here are a few highlights from the draft 328-page rule.
Unless waived by DHS,
California Expands COVID-19 Supplemental Paid Sick Leave Requirements
On September 9, 2020, California Governor Gavin Newsom signed Assembly Bill (AB) 1867, a five-part bill that: (1) codifies existing COVID-19 supplemental paid sick leave (CPSL) requirements for certain food sector workers, (2) adds CPSL requirements for other employers, (3) creates a small-employer family leave mediation pilot program,1 (4) codifies existing