The Connecticut Department of Labor (CTDOL) recently issued nonbinding guidance on amendments to the Connecticut Family and Medical Leave Act (CTFMLA) that will become effective January 1, 2022. The primary point of the guidance is to clarify the CTDOL’s position on eligible employee leave entitlements, when the leave commenced in
Archives for October 1, 2021
Beltway Buzz, October 1, 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.
NLRB’s General Counsel Uses Prosecutorial Authority to Assert Student-Athletes Are Employees
The on-and-off effort at the National Labor Relations Board (NLRB) to classify “student-athletes” as “employees” has renewed. Although the National Labor Relations Act contains no formal recognition of student-athletes as employees, NLRB General Counsel Jennifer Abruzzo issued a memorandum on September 28, 2021 (GC 21-08) asserting
“her prosecutorial position” that
EEOC Brings First Pandemic Disability Discrimination Suit Over Denial of Telework Accommodation
The COVID-19 pandemic has led to an explosion of remote work, including for positions traditionally not considered eligible for remote work. As employers have returned employees to office work environments, some employees who historically worked on-site have requested continued work from home as an accommodation under the Americans with Disabilities
DOL Cracks Down, and Opens Cracks, on Employers Keeping Tips
Employers will soon face stricter financial penalties for keeping their employees’ tips under a final rule published by the U.S. Department of Labor (DOL) on September 24, 2021. Section 3(m)(2)(B) of the Fair Labor Standards Act (FLSA) prohibits employers—including “managers and supervisors”—from keeping employees’ tips “for any purposes,” regardless of
MSHA Unlikely to Issue Emergency Temporary Standard Requiring COVID-19 Vaccinations or Testing
In a September 28, 2021 Mine Safety and Health Administration (MSHA) stakeholder meeting, Deputy Assistant Secretary for Policy Jeannette J. Galanis stated that MSHA does not intend to issue an emergency temporary standard (ETS) requiring COVID-19 vaccinations or testing of miners. Instead, MSHA will continue to rely on its COVID-19
Pencils, Paper, and Now NLRA Legal Protections – New General Counsel Memorandum Provides College Student Athletes with a Very Significant New “School Supply”
On September 29, 2021, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer A. Abruzzo released a nine-page memorandum taking the unequivocal position that “certain Players at Academic Institutions” are employees under Section 2(3) of the National Labor Relations Act (NLRA). Refusing to call such players “student athletes,” Abruzzo
Class Action Trends Report, Fall 2021
The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom screening, mask and vaccine mandates, returning reluctant remote workers to the office–all pose operational challenges as
2021 Plan Amendment Deadlines and Other Looming Fourth Quarter Considerations
As the year draws to a close, it is helpful for employers to pause to evaluate employee benefit plan amendment deadlines and other crucial fourth-quarter considerations, including: More…
Court overturns decision on Workplace Safety and Insurance Act
Rhonda B. Levy and Barry Kuretzky examine an Ontario court decision involving the Workplace Safety and Insurance Appeals Tribunal (WSIAT).
Human Resources Director Canada
Covid Testing Costs Hit Employers’ Wallets as Biden Pushes Shots
John Lassetter discusses the legal framework for determining whether employees should be paid or compensated for mandatory COVID-19 testing.
Bloomberg Law
Infrastructure Bill Offers Telecom Unions a $43 Billion Boon
Michael Lotito weighs in on an obscure provision tucked into the bipartisan infrastructure bill that could direct billions for broadband expansion to companies with large union workforces.
Bloomberg Law
California Restricts Warehouse Work Quotas
Bruce J. Sarchet weighs in on a new California law that strictly regulates employer-imposed work quotas on warehouse and distribution center workers in that state.
Material Handling Logistics
White House reveals plan to protect workers from extreme temperatures
Bradford Hammock discusses the Biden administration’s interagency working group that has been launched to protect American workers from the increasing danger of heat-related illness in the workplace.
International Employment Lawyer
What Happens to the Immigration Agencies When the Government Shuts Down?
The country dodged a government shutdown at the end of September, but we may be faced with the same problem on December 3, 2021, when Congress will again have to fund the government. Because we often come close to a shutdown (and sometimes shutdowns happen), it is important to remember