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
Archives for September 24, 2021
Tenth Circuit Upholds Employer’s Decision to Deny Telework Accommodation Request Under Rehabilitation Act
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
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
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?
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
Beltway Buzz, September 24, 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.
New York Updates Its Model HERO Act Plan Regarding Face Covering Requirements
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
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
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
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
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
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
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
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