On September 11, 2020, the U.S. Department of Homeland Security (DHS) proposed a regulation that focuses on the expansion of the collection and use of biometric data in the enforcement and administration of immigration laws. The proposed rule would subject foreign nationals to periodic biometrics collection and continuous vetting after
Archives for September 18, 2020
New California COVID-19-Related Supplemental Paid Sick Leave Requirements Take Effect September 19, 2020
On September 9, 2020, California Governor Gavin Newsom signed into law Assembly Bill 1867 (AB 1867), which requires private entities with 500 or more employees to provide up to 80 hours of COVID-19-related supplemental paid sick leave (CSPSL) to their California employees.
Can You Claim Employee Misconduct in an OSHA Citation?
When Occupational Safety and Health Administration (OSHA) cites for a workplace injury, employers often claim employee misconduct as an affirmative defense. There are a few key points employers can keep in mind.
Heidingsfelder Authors Construction Executive Article on Employee Safety during COVID-19 Pandemic
Jane Heidingsfelder, a partner in the Labor & Employment Practice Group, authored the Construction Executive article “Keep Employees Safe from the Impacts of COVID-19” about the Occupational Safety and Health Administration (OSHA) guidelines for workplace safety during the pandemic and how to record and cite work-related evidence following an employee’s contraction of COVID-19.
Philadelphia Pandemic Laws Require Additional Paid Leave for Employees and Gig Workers, Other Pay and Benefits for Healthcare Workers
On September 17, 2020, Philadelphia, Pennsylvania Mayor Phil Kenney signed File Number 200303, an amendment to the city’s generally applicable paid sick and safe time law, the Promoting Healthy Families and Workplaces Ordinance (PHFWO). The amendment requires new public health emergency leave (PHEL) for employees, gig workers, and others
NLRB Construction Rule Change Closes Union-Recognition Loophole, but Avoids Remedying Past Wrongs
Among the many rule changes recently announced by the National Labor Relations Board (NLRB) was one specifically limited to construction industry employers — and will prospectively rectify a 20-year interpretation that ran roughshod over the rights of employees and employers.
Construction Contractors Ramping Up Diversity Efforts
In the aftermath of the killing of George Floyd and the resulting Black Lives Matters protests, many companies, including construction companies, issued public statements decrying racism and asserting their support for improvements in diversity and inclusion in their companies, their industry, and the country.
Right to Refuse to Bargain Over Union’s COVID-19 Proposal in Collective Bargaining Agreement?
Construction employers should remain mindful of the terms of their collective bargaining agreements and their obligations under the National Labor Relations Act, the National Labor Relations Board (NLRB) Division of Advice reminded employers in five COVID-19 Advice emails as construction continues and resumes during the COVID-19 pandemic.
Top Five Labor Law Developments for August 2020
The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing an unfair labor practice trial to be conducted by videoconference because of the COVID-19 pandemic
Alliance of California Fitness Professionals Sues State Over Stay-at-Home Orders
In response to the ongoing state-imposed closures and limitations of gyms and other fitness establishments based on the COVID-19 pandemic, an organization representing the fitness industry has filed suit in Los Angeles Superior Court seeking declaratory and injunctive relief against Governor Gavin Newsom and other state entities and officials.
Federal Judge Declares Portions of Pennsylvania’s COVID-19 Mitigation Orders Unconstitutional
Finding the good intentions behind COVID-19-related safety orders laudable but insufficient to overcome liberty interests in the rights to free assembly, due process, and equal protection, a federal judge in Pittsburgh has declared unconstitutional portions of COVID-19 orders enacted by Pennsylvania Governor Tom Wolf.
Connecticut Sexual Harassment Prevention Training Deadline Extended to January 1, 2021
The Connecticut Commission on Human Rights and Opportunities (CHRO) has extended the deadline to complete sexual harassment training required by the Time’s Up Act by 90 days, to January 1, 2021.
Managing Intermittent FMLA Leave to Support Your Manufacturing Operations
Manufacturing employers depend on employees being in the right place at the right time.
Jackson Lewis Receives Mansfield Certification Plus Status for 2020
Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce the firm has successfully achieved Mansfield Certification Plus after completing the 12-month Mansfield Rule 3.0 certification program.
Leonora Schloss, Cressinda Schlag and Peter Waneis Discuss FMLA and CRFA Leave
Leonora Schloss, Cressinda Schlag and Peter Waneis discuss the leave implications of the Family and Medical Leave Act and the California Family Rights Act for employees impacted by wildfires in “California wildfires raise questions on worker safety, leave,” published by HR Dive.
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