On February 25, 2021, the California Supreme Court overturned an appellate court’s conclusion that employers could follow precedent and round meal and rest periods when applying a neutral rounding technique. Donohue v. AMN Services, LLC, S253677. The California Supreme Court held that rounding time at the meal period is not proper. This dramatic ruling concluded that an employer’s rounding up a shortened meal period through a clock mechanism effectually deprived employees of premium pay which could not be reconciled against additional minutes even when rounding resulted in additional compensation for time off.
Archives for March 1, 2021
DIVERSITY IN THE WORKS: The CROWN Act – A Root to End Overview for Employers on Hair Discrimination Laws and the Impact on Employer Grooming Codes
Executive Summary: Many have said that the workplace tends to be society’s battlefield—where culture wars play out and emerging trends go up against long-established ones.
Top Five Labor Law Developments for January 2021
President Joe Biden summarily removed National Labor Relations Board (NLRB) General Counsel (GC) Peter Robb from office on January 20, 2021, and removed Robb’s deputy, Alice Stock the following day.
Worker Classification: A Pre- and Post-COVID-19 Challenge for Real Estate Industry
While some say “COVID-19 has changed everything,” a couple of issues for real estate employers are unchanged. First, in the brokerage world, properly classifying agents as independent contractors, instead of employees, remains a concern, particularly as more states adopt some version of California’s employee-centered independent contractor analysis, the “ABC” test.
Wisconsin Passes COVID-19 Civil Liability Exemption for Employers
Businesses, schools, nonprofits, and other employers in Wisconsin are protected from COVID-19 litigation under 2021 Special Session Senate Bill 1, signed into law as 2021 Wisconsin Act 4 by Governor Tony Evers on February 26, 2021. Section 8 of the new law provides employers some of the most expansive COVID-19 civil liability protections in the country.
EEOC Argues for Broader Causation Standard and Provides a Peek into the EEOC’s Future Focus
Legal precedent, including language from the U.S. Supreme Court, requires federal courts to take a broad view of the “but-for” causation standard for determining unlawful age discrimination in the workplace, Equal Employment Opportunity Commission (EEOC) said in support of rehearing in a bank teller’s case.
Massachusetts to Advance COVID-19 Reopening Plan; Boston to Delay Reopening
Governor Charlie Baker has announced that Massachusetts would advance to Step 2 of Phase III of the state’s reopening plan on March 1, 2021, relaxing restrictions on most indoor gatherings.
Indiana Enacts COVID-19 Liability Shield for Hoosier Businesses
In an effort to stimulate safe reopening of the economy and protect companies acting in good faith, Indiana has enacted a COVID-19 immunity shield.
Don’t Forget About Unpaid Leave as a Possible Reasonable Accommodation in Manufacturing
Providing a reasonable accommodation to a disabled employee under the Americans with Disabilities Act (ADA) can be one of the most difficult and complex issues employers, particularly manufacturers, face.
Michelle Phillips Discusses Passage of Equality Act
Michelle Phillips discusses the legal implications of the U.S. House of Representatives passing the Equality Act in “Equality Act’s Critics Rally Around RFRA Nullification,” published by Law360.
Jackson Lewis Spotlighted for NCAA Appeals Committee Wins
Jackson Lewis is spotlighted for representing the Georgia Tech men’s basketball program in a number of successful NCAA appeals in “Georgia Tech succeeds in appeal to NCAA over sanctions,” published by The Atlanta Journal-Constitution.
5 Challenges Facing CHROs at Midsize Companies Today
And how to tackle them.
EEOC Announces New Senior Executives
Chair Charlotte A. Burrows of the U.S. Equal Employment Opportunity Commission (EEOC) announced today two new Senior Executive Service appointments at the federal agency.
Coach Your Mind For Resilience In The Workplace, Just Like Professional Athletes
We’re just starting to see the real consequences on our mental wellbeing from the pressure of the pandemic, working from home, and everything else that’s happening globally.
Managing The Workplace Experience: How To Get It Right
The paradox of how we talk about the future of work right now is that our best observations should have taken place a year ago.