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
Archives for September 24, 2021
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).
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
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