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
DOL Strikes Back: Redefines Health Care Provider Exception to FFCRA
Last month a New York federal court left health care providers in a lurch, when it vacated the Department of Labor’s definition of who could be exempted as a health care provider from the FFCRA leave obligations. Thankfully, the DOL has stepped back in to provide further clarity on this issue, providing
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.
OFCCP Releases New CSAL Audit Scheduling List
As anticipated, by perhaps earlier than expected, OFCCP has released the next round of anticipated audit. The 2020 CSAL is included in OFCCP’s FOIA website. The list has a total of 2,250 establishments and includes contractors selected for new accommodation and promotion focused reviews. Institutions of higher education are also
DOL Strikes Back: FFCRA Temporary Rule Is Revised
The Department of Labor has issued revisions and clarifications to its FFCRA Temporary Rule in response to the New York federal court’s decision vacating some of the provisions of the earlier version of the Rule.
Summary of Revisions.
In its revised rule and clarifications, the DOL:
reaffirms that the emergency
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
Governor Signs New Law Providing Statewide Supplemental Paid Sick Leave and More
On September 9, 2020, Governor Newsom signed Assembly Bill 1867 (“AB 1867”) which has three new laws combined into one bill. The bill covers supplemental sick leave requirements, a pilot mediation program for small employers, and mandated hand washing requirements for food workers. Moreover, the laws included in AB 1867
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.
Michigan Executive Order Clarifies COVID-19 Standard
On August 27, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-172. The Executive Order affirms that employers are prohibited from discharging, disciplining, or retaliating against employees who stay home when they or their close contacts are sick.
However, the Executive Order redefines the “principal symptoms of COVID-19” as follows:
U.S. Department of Health and Human Services Proposes Guidelines for Hair Drug Testing
The Substance Abuse and Mental Health Services Administration (SAMHSA), U.S. Department of Health and Human Services (DHHS), proposed scientific and technical guidelines for hair drug testing in federal workplace drug testing programs in the Federal Register on September 10, 2020. The proposed Mandatory Guidelines for Federal Workplace Drug Testing Programs
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
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