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Archives for September 28, 2020

Joint Employment Concerns with Franchisor-Developed COVID-19 Safety Policies

| Filed Under: Coronavirus

September 28, 2020

As businesses return to in-person work, employers and employees are keenly aware that the workplace has changed. Employment and workplace-related challenges are issues that have touched nearly every American in some way. One of the most common changes employers and employees are experiencing is the development, implementation, and compliance with enhanced COVID-19 safety protocols and procedures. Developing and implementing safety procedures is a way in which businesses are attempting to keep their customers safe, protect themselves from litigation risk, and demonstrate social responsibility and care for the consuming public.

U.S. Department of Labor Proposes New Rule to Streamline Independent Contractor Analysis

| Filed Under: DOL

The U.S. Department of Labor (DOL) has issued a new proposed regulation setting forth the proper standard for determining a worker’s status as an “independent contractor” under the Fair Labor Standards Act (FLSA).

Maine Labor Department Releases Final Rules for Earned Paid Leave Law

| Filed Under: Maine

As the January 1, 2021, effective date of Maine’s Earned Paid Employee Leave Law approaches, the state Department of Labor (DOL) has promulgated the much-anticipated final regulations for implementing the statute.

President Trump Nominates Amy Coney Barrett to U.S. Supreme Court

| Filed Under: General (Lawyering)

In the wake of Justice Ruth Bader Ginsburg’s death, President Donald Trump has nominated the Honorable Amy Coney Barrett, who sits on the federal U.S. Court of Appeals for the Seventh Circuit, to the U.S. Supreme Court. A conservative jurist and self-described “originalist” and “textualist,” Barrett previously clerked for the late-Justice Antonin Scalia of the U.S. Supreme Court.

Janea J. Hawkins of Jackson Lewis Shortlisted for Chambers Diversity & Inclusion Award

| Filed Under: Law Firm News

Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Janea J. Hawkins has been shortlisted as a finalist for the Chambers Diversity & Inclusion Awards in the “Future Leader” category.

U.S. Department of Labor Proposes New Test for Independent Contactor Status

| Filed Under: DOL

On Sept. 22, 2020, the U.S. Department of Labor (DOL) proposed a new test to determine whether workers are independent contractors or employees under federal law.  According to DOL, the purpose of the change is to make it easier to identify which workers are employees covered by the minimum wage, overtime, and other provisions of the Fair Labor Standards Act (FLSA). The department described the new test as “streamlining and clarifying” the determination of independent contractor versus employee, and said it expects the change will give workers and businesses more certainty about their legal obligations and reduce litigation and associated costs.

What Ginsburg’s Death Means for Upcoming Fights Against Sex Discrimination

| Filed Under: HR Headlines

Just a few months ago, 86-year-old Supreme Court Justice Ruth Bader Ginsburg was deftly smacking down oral arguments by supporters of a Louisiana abortion restriction, demonstrating the meticulous approach to the law and women’s rights that had earned her canonical status among feminists.

Some Workers Face Looming Cutoffs in Health Insurance

| Filed Under: HR Headlines

Coverage is a major expense for employers, especially those in small businesses, as they deal with the pandemic’s economic fallout.

EEOC Issues Opinion Letter on Section 707 of Title VII of Civil Rights Act of 1964

| Filed Under: HR Headlines

On September 3, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued an opinion letter in response to a request from a member of the public asking for clarity on the EEOC’s interpretation and enforcement of section 707(a) of Title VII of the Civil Rights Act of 1964, according to a press release.

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Labor Law: Should companies require workers to sign a COVID waiver?

| Filed Under: HR Headlines

As employees are returning to work, some businesses are considering requiring workers to sign what is being called a COVID waiver, which would release the company from liability should the employee contract COVID-19 upon return to work.

USCIS Switches to ‘Dates for Filing’ Chart for Employment-Based Adjustment of Status for October

| Filed Under: General (Immigration)

While it typically uses the “Final Action Dates” chart for accepting adjustment of status application filings, U.S. Citizenship and Immigration Services (USCIS) has announced that for October 2020, it will allow employment-based adjustment of status applicants to file based upon the U.S. Department of State’s (DOS) October “Dates for Filing”

Judge Amy Coney Barrett’s Childcare Arrangements Are Not Relevant to Her Skills

| Filed Under: HR Headlines

By Rachel Malehorn – Direct link, smugmug.com, CC BY 3.0,

WARNING: This post has nothing to do with politics. Any comments about the political side and whether Judge Barrett is qualified or unqualified to be a Supreme Court Justice will be deleted. I do not care what your political