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.
Archives for July 22, 2022
2022 Changes to Michigan’s Paid Medical Leave: Back to the Future
On July 19, 2022, the Michigan Court of Claims reinstated Michigan’s original (2018) voter-initiated versions of the Improved Workforce Opportunity Wage Act (IWOWA) and the Earned Sick Time Act (ESTA). This reversion immediately increases Michigan’s minimum wage rate to $12 per hour and significantly expands the paid sick leave employers
Multi-Jurisdictional Compliance: 3 FAQs on State Wage and Hour
Compliance with state wage and hour laws is on the forefront of the mind of just about every employer, particularly as employees are looking for more flexibility in their work schedules since the pandemic. Ogletree Deakins’ recent survey report, Strategies and Benchmarks for the Workplace: Ogletree’s Survey of Key Decision-Makers,
California Court of Appeal Upholds Arbitration Agreement Under FAA Preemption
Evenskaas v. California Transit Inc. reversed a Los Angeles Superior Court judge’s denial of an employer’s motion to compel arbitration of a former employee’s wage and hour class action. The trial court had concluded that the arbitration agreement included an illegal class waiver rendering the agreement unenforceable under Gentry v. Superior Court, 42. Cal.4th 433 (2007). However, the Court of Appeal on July 15, 2022, concluded that the Federal Arbitration Act applied and preempted California caselaw.
In a failing effort to assert that interstate commerce had not occurred, the plaintiff focused on the employer’s services occurring within Los Angeles County. However, the Court concluded that the paratransit services that the employer-provided involved interstate commerce as transportation is an “inherently commercial activity” that makes use of highways and vehicles, the services facilitated economic activity by the passengers and because the employer was providing services that were mandated by federal law, the Americans with Disabilities Act.
Employers are cautioned to examine their arbitration agreements and any class waivers and to undertake efforts to ensure that Courts will recognize the extent to which those employers’ services are involved in interstate commerce to leverage FAA preemption over California caselaw that may otherwise limit the enforceability of an arbitration agreement.
Fifth Circuit Rules Sleepwalking Employee Who Crawled Into Bed With Coworker Cannot Prove Disability Discrimination
On July 15, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s ruling that a female employee who crawled into a male coworker’s bed while “sleepwalking” and was subsequently discharged failed to establish disability discrimination under the Americans with Disabilities Act (ADA) and the Texas
Workplace Safety in Arizona: Update on OSHA’s Proposal to Revoke State Plan
On April 21, 2022, the federal Occupational Safety and Health Administration (OSHA) issued a a proposed rule to revoke Arizona’s occupational safety and health (OSH) plan’s final approval under Section 18(e) of the Occupational Safety and Health Act of 1970. In its notice, OSHA proposed revoking its affirmative determination granting
As of July 1, 2022, Connecticut Employers Must Provide Employees with a Notice of Rights Under the Paid Family and Medical Leave Law
D.C. Circuit Holds Withdrawal Liability Interest Rate Must Reflect Plan’s Investment Policy
On Friday, July 8, 2022, the U.S. Court of Appeals for the D.C. Circuit issued its decision in United Mine Workers of America 1974 Pension Plan v. Energy West Mining Company, joining the Sixth Circuit in holding that the assumptions used by a multiemployer defined benefit pension plan in
Law360’s Expert Analysis highlights update by firm attorneys David Dubblery & Brittany Clark
The Latest in Multi-Jurisdictional Compliance With Employment Application Laws
A growing number of states and municipalities are restricting the types of inquiries employers can make during hiring, creating concerns with what employers can include or must include on job applications and job postings.
Cal/OSHA Clarifies COVID-19 Close Contact Definition
In early June 2022, the California Department of Public Health (CDPH) issued an order revising the definition of “close contact.” Under the CDPH order, close contact was defined as “someone sharing the same indoor airspace (e.g. home, clinic waiting room, airplane, etc.) for a cumulative total of 15 minutes or
Littler Receives 2022 Diversity and Inclusion Champion Award from South Asian Bar Association of North America
(July 21, 2022) – Littler, the world’s largest employment and labor law practice representing management, has received the 2022 South Asian Bar Association (SABA) of North America’s Diversity and Inclusion Champion Award.
The Truth Behind ‘No One Wants to Work Anymore’
Nobody wants to work anymore.
It’s the rallying cry of business owners, recruiters:, and cranky people who aren’t getting the coffee fast enough at Starbucks.
But, it’s not at all new. Gen X may complain that Gen Z doesn’t want to work (and if