On the last full day of the Trump administration, the Department of Labor’s Wage and Hour Division (WHD) clarified that staffing firms can qualify as “retail or service establishments” under FLSA section 7(i). Prior to May 2020, staffing firms were expressly excluded from taking advantage of the 7(i) exemption.
Littler Names Paul Bateman Chief Inclusion, Equity and Diversity Officer
(January 20, 2021) – Littler, the world’s largest employment and labor law practice representing management, has named shareholder Paul Bateman the firm’s first Chief Inclusion, Equity & Diversity Officer. The appointment of Bateman, who has served in a variety of leadership roles since joining the firm more than two
Oakland, California Retroactively Extends Emergency Paid Sick Leave Ordinance
On January 19, 2021, Oakland, California’s city council enacted an emergency ordinance extending and modifying its existing emergency paid sick leave (EPSL) ordinance.
Legal Jeopardy: Weighing the Risk of Terminating Employees for Actions Outside the Workplace
Kwabena Appenteng provides insight to employers and HR professionals about termination amid the Capitol riots.
World At Work
DOL Addresses Independent Contractor Status of Tractor-Trailer Drivers under FLSA in Final Flurry of Opinion Letters
On January 19, 2021, the U.S. Department of Labor issued four new opinion letters.
Virtual Litigation 2.0: The Next Frontier
Helene Wasserman discusses the future of virtual litigation.
LegalTech News
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What to Expect in Labor and Employment Law Under the Biden Administration
In November 2020, Littler’s Workplace Policy Institute (WPI) published its Election Report, a deep dive into the myriad labor and employment policy questions potentially in play depending on the outcome of the election. The detailed report explored possible outcomes depending upon the results of the presidential election and congressional
White House Lifts Certain Travel Bans and Issues New COVID-19 Testing Requirement
On January 18, 2021, the Trump administration officially lifted widespread travel restrictions barring the entry of foreign national travelers physically present in the 26 countries of the European Schengen Area, the United Kingdom, Ireland, and Brazil within 14 days prior to entry. Notably, the order lifting the bans is
Department of Labor Issues Two Tip-Related Opinion Letters in Final Days of Outgoing Administration
On January 15, 2021, the U.S.
Dear Littler: How do we Determine Where Remote Employees “Work” for WARN Act Purposes?
Dear Littler: We are planning a layoff that will involve many of our employees who are working remotely during the pandemic. How do we decide who works at a particular location for WARN counting purposes?
—Counting in Columbus
Dear Counting,
St. Paul, Minnesota Limits the Amounts Food Delivery Platforms Can Charge During the Pandemic
St. Paul has joined the growing list of cities limiting fees food delivery platforms can earn during the COVID-19 pandemic. In enacting its ordinance, St. Paul follows fellow Minnesota cities Minneapolis and Edina, as well as several other cities around the country.
By a vote of 7-0, the St.
President-Elect Biden Releases COVID-19 Economic Stimulus Proposal
On January 14, 2021, President-elect Joseph R. Biden, Jr.
DOL Issues Opinion Letter Addressing Requirements of the “Amusement or Recreational Establishment” Exemption
On January 15, 2021, the Wage and Hour Division (WHD) of the U.S. Department of Labor issued an opinion letter addressing three issues pertaining to utilization of the “amusement or recreational establishment” exemption to the overtime and minimum wage requirements of the Fair Labor Standards Act (FLSA). First, the
California Supreme Court Reaffirms that ABC Test is Retroactive
On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int’l, Inc.1 that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior Court,2 applies retroactively. The court relied on its position that independent contractor classification under the California wage orders was
Finally! Ohio Restores its Employment Discrimination Statute
After over 25 years of proposals and negotiations among key stakeholders—including Ohio employers and their supporting associations, the Ohio plaintiffs’ employment law bar, and various employee-rights advocates—on December 22, 2020, the Ohio General Assembly passed sweeping reforms to the state’s employment discrimination statute, R.C. Chapter 4112. Ohio Governor Michael
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