Non-exempt employees must be paid for all of their work time.
Archives for March 5, 2021
EEOC Roundup, Part I: 10 Things to Know About the 2020 Charges and Litigation Statistics
As 2021 begins to unfold, we thought employers might benefit from a glimpse into the U.S. Equal Employment Opportunity Commission (EEOC)—where it has been and where it is going. We will begin this multi-part blog series with a snapshot of the EEOC’s own fiscal year (FY) 2020 Enforcement and Litigation
DOL Issues Guidance on COVID-19 Deadline Extensions for Benefit Plan Participants and Plan Sponsors
In accordance with emergency powers granted in the wake of the COVID-19 pandemic, the IRS and DOL extended a number of benefit plan–related deadlines and provided other relief for participants and plan sponsors. The Jones Walker May 22, 2020, Employee Benefits Client Alert provided a summary of the guidance.
San Francisco Judge Denies Injunctive Relief Allowing Cal/OSHA COVID-19 Emergency Temporary Standards to Remain in Place
On February 25, 2021, San Francisco Superior Court Judge Ethan Schulman denied applications for preliminary injunctions in their entirety requested by two plaintiffs, thus leaving in place the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards (ETS). The ETS took effect on November 30, 2020.
Long Beach ‘Hero Pay’ Ordinance Survives Preliminary Injunction
On February 25, 2021, the U.S. District Court for the Central District of California denied a motion for preliminary injunction brought by the California Grocers Association (CGA) against the City of Long Beach. In California Grocers Association v. City of Long Beach, CGA asked the court to stop the city
Employer Not Liable for Spouse’s COVID-19 Infection, California Court Rules
One year into the COVID-19 pandemic, U.S. courts are wrestling with a growing number of new legal theories related to COVID-19. Not surprisingly, California – the most populous state with some of the most employee friendly laws and courts – leads the way with the most COVID-19 employment lawsuits filed.
Beltway Buzz, March 5, 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.
Getting Back to Normal: Whether Requiring Employees to Get the COVID-19 Vaccine Is Advisable and, More Importantly, Permissible
Courtney Chambers provides insight on the state of the workplace as vaccine mandates come into play.
Bender’s California Labor and Employment Bulletin
Make Sure Your Diversity and Inclusion Push Includes Age
According to the US government, I’m officially old. This is important not only for legal reasons, but because I’m likely to be a target of people who loudly proclaim equality for all. Yes, it turns out that the equality movement focuses on women and minorities, but turn against
Texas Governor Ends COVID-19 Restrictions, but Employers May Want to Remember OSH Act’s General Duty Clause
On March 2, 2021, Texas Governor Greg Abbott issued Executive Order No. 34 (GA-34), rescinding most of his earlier executive orders related to COVID-19, including the statewide mask mandate and business occupancy restrictions. GA-34 becomes effective at 12:01 a.m. on March 10, 2021.
California Supreme Court Issues Significant Meal Period Decision
Taking a meal break in California is no simple affair. Culminating seven years of litigation involving one California employer, on February 25, 2021, the Supreme Court of California issued its unanimous opinion in Donohue v. AMN Services, LLC, resolving two questions regarding California meal periods. The court’s opinion also raised,