The rollout of the COVID-19 vaccines represents the beginning of the end of a terrible pandemic and the “light at the end of the tunnel” to return to some semblance of a pre-COVID workplace. As governments around the world are developing or implementing ambitious plans to vaccinate millions of
Archives for January 18, 2021
BlackRock 401(k) Plan Class Action Headed for Trial
A class action alleging that BlackRock entities favored their own proprietary funds when selecting investment options for BlackRock’s 401(k) Plan is headed for trial after Judge Haywood S. Gilliam, Jr. denied both parties’ motions for summary judgment on January 12, 2021. Baird v. BlackRock Inst’l. Trust Co., No. 17-1892 (N.D.
Littler’s Mishell Parreno Taylor Appointed to Hispanic National Bar Association’s Latina Commission
SAN DIEGO (January 15, 2021) – Mishell Parreno Taylor, office managing shareholder of the San Diego office of Littler, the world’s largest employment and labor law practice representing management, has been appointed to serve on the Hispanic National Bar Association’s (HNBA) Latina Commission. Parreno Taylor was selected for this
EEOC Issues Guidance on Inclusion of International Employees on OWBPA Disclosures
On January 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued long-awaited and much-needed clarification on whether non-U.S. citizen employees working for a U.S. employer outside the United States must be included in the disclosure required for compliance with the Older Worker Benefit Protection Act (OWBPA). The EEOC
New York Could Become the Next Hotbed of Class Action Litigation Over Biometric Privacy
Dubbed the “Biometric Privacy Act,” New York Assembly Bill 27 (“BPA”) is virtually identical to the Biometric Information Privacy Act in Illinois, 740 ILCS 14 et seq. (BIPA). Enacted in 2008, BIPA only recently triggered thousands of class actions in Illinois. If the BPA is enacted in New York, it
District of Columbia is on the Verge of Implementing One of the Broadest Non-Competition Bans in the Country
Amidst the ongoing COVID-19 pandemic and other events in the nation’s capital, District of Columbia Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 on January 11, 2021. The bill previously passed the Council of the District of Columbia by a 12-0 vote on December
Ninth Circuit Upholds Federal Preemption of California’s Meal and Rest Break Laws for Interstate Motor Carrier Drivers
The Federal Motor Carrier Safety Administration (FMCSA), within the federal Department of Transportation, is responsible for regulating commercial motor carrier safety. In 2018, the FMCSA determined that federal law preempts California’s meal and rest break rules for interstate motor carrier drivers who are subject to the FMCSA’s rest break regulations.
Chicago-area CEO fired as companies grapple with how to respond to employee participation in US Capitol siege. ‘This is a character-forming moment.
Kwabena Appenteng advises employers on how to manage political activities among its workforce.
Chicago Tribune
Don’t Sell Watermelons for $1 (or, Stop Being Busy for Busy’s Sake)
Are you using your time to be successful? Last night a friend sent me this video.
This talk was, overall, excellent, but this story really struck me as a small business owner:
Two men formed a partnership. They built a small shed beside a busy road.
Upcoming Webinars: COVID-19 Vaccines, Testing, And Masks: Keeping Your Employees Safe In 2021
Are you concerned that 2021 might be more difficult than 2020–the vaccine can make things more complicated for HR, not less. Join me for these upcoming webinars:
Thursday, January 14, 1:00 PM Eastern
Monday, January 18, 3:00 PM Eastern
New Year, New OSHA Citation Penalty Amounts
After Congress passed the Federal Civil Penalties Inflation Adjustment Act Improvements Act in 2015, it has now become an annual requirement for the U.S. Department of Labor to adjust civil penalty amounts for the various laws it enforces using cost-of-living adjustments to account for inflation. According to the Act, the
California Supreme Court Answers the Ninth Circuit: Dynamex Applies Retroactively
In Vazquez v. Jan-Pro Franchising International (Vazquez), the California Supreme Court answered “Yes” to the Ninth Circuit’s question, “Does your independent contractor ABC test in Dynamex Operations West, Inc. v. Superior Court (Dynamex) apply retroactively?”
In 2018, the Dynamex Court concluded that under California wage orders, anyone who performs work
Beltway Buzz, January 15, 2021
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.
Can Employers Fire Rioters? Employers’ Rights in Policing Employee Off-Duty Conduct and Employment Law Consequences of the Capitol Riots
Within days of the January 6, 2021, riot at the U.S. Capitol, employees who were observed as part of the mob entering the Capitol were discharged by their employers. Some of the individuals involved in the events at the Capitol were knowingly filmed as part of the insurrection (and many
EEO-1 Filers Must Wait a Little Longer—EEOC Announces Filing Platform Will Not Open Until April 2021
The U.S. Equal Employment Opportunity Commission (EEOC) issued a press release on January 12, 2021, notifying EEO-1 filers that the EEO-1 filing platform will not open until April 2021. This is of particular interest for employers because the EEOC delayed the 2019 EEO-1 filings, which would normally have been due