On March 14, 2022, the federal EEOC released new guidance related to COVID-19 caregiver discrimination, “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Laws.” As part of the guidance, there is a new caregiver section in the EEOC’s regularly updated COVID-19 FAQs, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” and an EEO-issued “best practices” summary.
Archives for March 22, 2022
EEOC Update: Avoiding Discrimination against Employees with Pandemic-Related Caregiving Obligations
Even as the response to the COVID-19 pandemic seems to ease, we all know that new and different pandemic-related caregiver responsibilities continue in various forms.
Juan Felipe Santos and Carlos Saavedra-Gutiérrez Author “Puerto Rico Drops Most COVID-19 Measures”
Juan Felipe Santos and Carlos Saavedra-Gutiérrez author “Puerto Rico Drops Most COVID-19 Measures,” published by SHRM.
Robert Rachal Co-Authors “ERISA Fee and Investment Litigation – 2021 Developments and Best Practices to Mitigate Risk”
Robert Rachal co-authors “ERISA Fee and Investment Litigation – 2021 Developments and Best Practices to Mitigate Risk,” published by Benefits Law Journal.
Jackson Lewis Launches Trials and Appeals Group
Nationwide employment law firm Jackson Lewis P.C. is pleased to announce the formation of a dedicated Trials and Appeals group to meet the firm’s growing demand for high-stakes class actions, multi-jurisdictional cases and single-plaintiff claims. Donald “Donny” E. English, Jr. and Greg Riolo will lead the nationwide team that has collectively tried more than one thousand employment cases.
Mark Crabtree Authors “Oregon Extends Exemption for Certain Payments from Equal Pay Act”
Mark Crabtree authors “Oregon Extends Exemption for Certain Payments from Equal Pay Act,” published by SHRM.
New Washington Labor Protections for Rideshare Drivers
Drivers for rideshare companies that connect drivers and users through smartphones or a digital network in Washington have new labor protections under legislation passed by the Washington legislature. HB 2076 creates new rights for drivers providing services through “transportation network company drivers” (TNCs), classifying the workers as independent contractors rather than employees based on certain factors.
Washington Legislature Passes Limits on Use of Nondisclosure, Nondisparagement Clauses in Employment
The Washington legislature has passed the “Silenced No More Act,” which would limit all Washington employers’ use of nondisclosure and nondisparagement provisions in employment agreements.
Manufacturers Leveraging Technology to More Efficiently Distribute Retirement Plan Documents
Retirement plan disclosures required by the Employee Retirement Income Security Act (ERISA) may be delivered by electronic media under the Department of Labor’s (DOL) updated electronic distribution regulation.
New York Lifts COVID-19 HERO Act Designation, But Employer Obligations Continue
The New York State Commissioner of Health rescinded the designation of COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health under the HERO Act” (Health and Essential Rights Act) on March 17, 2022. While this change in designation means private sector employers are no longer required to implement their workforce safety plans, based on the HERO Act statutory language, employers will still be required to comply with the other obligations under the HERO Act.
House Passes CROWN Act Ban on Natural Hair Discrimination in the Workplace
Following years of uncertainty in the courts as to whether hair discrimination constitutes race discrimination, California was the first state to adopt a law called the CROWN Act, in 2019. The CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair,” prohibits hair discrimination in employment and education.
Washington Updates COVID-19 Rules After Lifting Mask Mandate
Washington State has issued several updates to COVID-19 orders and guidance to clarify masking rules following Governor Jay Inslee’s announcement that the state-wide mask mandate was lifted effective March 12, 2022.
Keeping an Eye on the New Eye Disorder Medical Treatment Guidelines from the NY Workers’ Compensation Board
The New York State Workers’ Compensation Board has announced new Medical Treatment Guidelines that become effective May 2, 2022. This alert includes a breakdown of the section for Eye Disorders.
“Time to ‘Waive’ Goodbye to Mandatory Arbitration Agreements? The Case for Utilization of Jury Trial Waivers in Florida” ACC Tampa Bay Newsletter
In the early 1990s, roughly two percent of American workers were subject to mandatory arbitration agreements with their employers. By 2018, that number was closer to sixty percent. But while pre-dispute mandatory arbitration agreements have become the norm for many employers, recent legislative actions are chipping away at the scope and breadth of such provisions. Coupled with the rising cost of arbitration, is it time for employers to consider alternatives? In Florida, one such alternative is the enforcement of jury trial waiver provisions for employment-related disputes. This article will address the current state of law regarding mandatory pre-dispute arbitration agreements and make a case as to why Florida employers should consider transitioning to using jury trial waivers instead.
Federal Court Reinstates Independent Contractor Rule
On March 14, 2022, the United States District Court for the Eastern District of Texas ruled that the Biden Administration’s attempt to rescind the Trump Administration’s rule “Independent Contractor Status under the Fair Labor Standards Act” (the “Independent Contractor Rule”) violated the Administrative Procedure Act (“APA”).