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Home > 2021 > September > Archives for 24th

Archives for September 24, 2021

New Legislation Makes Procedural Changes to DFEH Enforcement and Expands Employer Record Retention Requirements

September 24, 2021 | Jackson Lewis Filed Under: General (CA)

Jackson Lewis

On  September 23, 2021, California’s Governor signed Senate Bill 807 (SB 807), which makes procedural modifications to how the Department of Fair Employment and Housing (DFEH) enforces California’s civil rights laws. The changes include modifying when and how the DFEH can appeal adverse superior court decisions regarding the scope of

Tenth Circuit Upholds Employer’s Decision to Deny Telework Accommodation Request Under Rehabilitation Act

September 24, 2021 | Ogletree Deakins Filed Under: Reasonable Accommodation

On September 15, 2021, the Tenth Circuit Court of Appeals upheld a district court’s grant of summary judgment in favor of an employer. In Brown v. Austin, the Tenth Circuit found that an employee’s telework, weekend work, and supervisor change request were unreasonable under the federal Rehabilitation Act and that

The Safer Federal Workforce Task Force Publishes its Federal Contractor and Subcontractor Guidance

September 24, 2021 | Littler Filed Under: Coronavirus

Littler

Earlier this month, President Biden released his COVID-19 Action Plan, Path Out of the Pandemic (Plan) with the stated goal of getting more people vaccinated.1 As part of the Plan, President Biden signed Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (Order).

Safer Federal Workforce Task Force Issues Guidance for Federal Contractor Compliance with COVID-19 Executive Order

September 24, 2021 | Jackson Lewis Filed Under: Coronavirus

Jackson Lewis

As expected, the Safer Federal Workforce Task Force issued the Guidance contractors have been anticipating to implement President Biden’s September 9, 2021 Executive Order 14042:  Ensuring Adequate COVID Safety Protocols for Federal Contractors (“Order”).  The 14-page document includes definitions,  description of the specifics requirements contractors must undertake and by when,

Employees of United Airlines Are Suing Over Mandatory Vaccines. Is Your Business Next?

September 24, 2021 | Patrick Della Valle Filed Under: HR Headlines

United Airlines has an impressive 97 percent vaccinated workforce, but six employees who sought accommodations are suing, saying the offered accommodations are essentially a termination.

The Equal Employment Opportunities Commission (EEOC) clearly said that companies could require mandatory vaccinations as long as they offer accommodations under the Americans with

Tagged With: Evil HR Lady

Beltway Buzz, September 24, 2021

September 24, 2021 | Ogletree Deakins Filed Under: General (Gov Agencies)

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.

New York Updates Its Model HERO Act Plan Regarding Face Covering Requirements

September 24, 2021 | Littler Filed Under: General (NY)

Littler

On September 23, 2021, the New York State Department of Labor updated its requirements for face coverings contained in its model airborne infectious disease exposure prevention plan.  The update requires immediate review and possible revision of plans adopted pursuant to the New York Health and Essential Rights (“HERO”) Act. 

O-1A Visas in Gaming: From the Programmer to the Athlete

September 24, 2021 | Jackson Lewis Filed Under: Visas

Jackson Lewis

In the competitive global video game industry, the United States remains at the forefront despite the recent rise in foreign gaming companies. Some of the most prestigious video gaming studios are located in the United States, and the battle among studios for elite talent to work on their breakout productions

California Statewide Supplemental Paid Sick Leave Set To Expire

September 24, 2021 | Jackson Lewis Filed Under: General (CA)

Jackson Lewis

A flurry of employment law-related bills are headed to Governor Newsom for consideration, however, no bills are being presented related to statewide supplemental paid sick leave. In March 2021, California resurrected and expanded statewide COVID-19 supplemental paid sick leave.  The legislation sunsets on September 30, 2021, and there is no legislation

Court Upholds Termination of Employee Who Used Prescription Medication That Was Prescribed 5 Years Earlier

September 24, 2021 | Jackson Lewis Filed Under: DOT

Jackson Lewis

A federal court in Indiana dismissed the disability discrimination and retaliation claims of a DOT-regulated driver who failed a random drug test due to prescription opioid use, holding that he did not sufficiently adhere to the employer’s policy or DOT regulations when he failed to produce a Safety Concern Letter

5 Considerations for California Employers Managing Bonus Pay

September 24, 2021 | Ogletree Deakins Filed Under: Wage & Hour (CA)

On July 15, 2021, in Ferra v. Loews Hollywood Hotel, LLC, the Supreme Court of California set forth a new rule requiring that premiums for meal, rest, and recovery break violations be paid at the regular rate of pay.

Fifth Circuit Rules Day Rate Compensation Does Not Satisfy Requirement of Payment on a Salaried Basis for Exempt Status

September 24, 2021 | Ogletree Deakins Filed Under: Overtime Exemptions

The issue of the proper application of the highly compensated employee exemption under the Fair Labor Standards Act (FLSA), as it applies to employees paid on a “day-rate” basis in the oil and gas industry, has been a hotly debated issue in recent years, especially in the Fifth Circuit Court

Statewide Supplemental Paid Sick Leave Set To Expire

September 24, 2021 | Jackson Lewis Filed Under: General (CA)

Jackson Lewis

A flurry of employment law-related bills are headed to Governor Newsom for consideration, however, no bills are being presented related to statewide supplemental paid sick leave. In March 2021, California resurrected and expanded statewide COVID-19 supplemental paid sick leave.  The legislation sunsets on September 30, 2021, and there is no

What Does HR Find out in a Background Check?

September 24, 2021 | Patrick Della Valle Filed Under: HR Headlines

I was reading a bit about your knowledge related to employment background checks.

If I sued an employer, would this come up in a background check?

I believe, from struggles I had that myself seeking employment, that I may have been possibly discriminated against by the mere legal Right


Tagged With: Evil HR Lady

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