As 2021 begins to unfold, we thought employers might benefit from a glimpse into the U.S. Equal Employment Opportunity Commission (EEOC)—where it has been and where it is going. We will begin this multi-part blog series with a snapshot of the EEOC’s own fiscal year (FY) 2020 Enforcement and Litigation
San Francisco Judge Denies Injunctive Relief Allowing Cal/OSHA COVID-19 Emergency Temporary Standards to Remain in Place
On February 25, 2021, San Francisco Superior Court Judge Ethan Schulman denied applications for preliminary injunctions in their entirety requested by two plaintiffs, thus leaving in place the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards (ETS). The ETS took effect on November 30, 2020.
Long Beach ‘Hero Pay’ Ordinance Survives Preliminary Injunction
On February 25, 2021, the U.S. District Court for the Central District of California denied a motion for preliminary injunction brought by the California Grocers Association (CGA) against the City of Long Beach. In California Grocers Association v. City of Long Beach, CGA asked the court to stop the city
Beltway Buzz, March 5, 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.
Texas Governor Ends COVID-19 Restrictions, but Employers May Want to Remember OSH Act’s General Duty Clause
On March 2, 2021, Texas Governor Greg Abbott issued Executive Order No. 34 (GA-34), rescinding most of his earlier executive orders related to COVID-19, including the statewide mask mandate and business occupancy restrictions. GA-34 becomes effective at 12:01 a.m. on March 10, 2021.
California Supreme Court Issues Significant Meal Period Decision
Taking a meal break in California is no simple affair. Culminating seven years of litigation involving one California employer, on February 25, 2021, the Supreme Court of California issued its unanimous opinion in Donohue v. AMN Services, LLC, resolving two questions regarding California meal periods. The court’s opinion also raised,
Wisconsin Joins States Providing Civil Immunity Related to COVID-19 Exposure
On February 25, 2021, Wisconsin joined Alabama, Georgia, Indiana, Iowa, Louisiana, Michigan, Mississippi, Missouri, Montana, North Carolina, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and Wyoming in enacting a COVID-19 litigation shield law. Governor Tony Evers signed a bill providing entities broad immunity from “civil liability for the death
When Is ‘No Fee’ a Reasonable Fee? 11th Circuit’s Guidance on Reasonableness in FLSA Attorneys’ Fees Cases
On February 1, 2021, in an unpublished opinion resolving a Fair Labor Standards Act (FLSA) attorney’s fees dispute, the Eleventh Circuit Court of Appeals, in Batista v. South Florida Womans Health Associates, Inc., struck another blow against unreasonable plaintiffs’ counsel seeking “reasonable” fees.
Biden Administration Revokes Trump-Era Immigrant Visa Ban
On February 24, 2021, the Biden administration issued a proclamation immediately revoking the prior administration’s Proclamation 10014 of April 22, 2020, that blocked individuals from entering the United States on immigrant visas.
DC’s Noncompete Ban—A Law of Unintended Consequences
Just as the calendar was turning to 2021, the Council of the District of Columbia threw District of Columbia employers a late-breaking curveball that most did not see coming. The Ban on Non-Compete Agreements Amendment Act of 2020 (D.C. Act 23-563) was passed by the Council on December 15, 2020,
H-2B Cap for Fiscal Year 2021 Reached as of February 12, 2021
On February 24, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it reached the H-2B cap for the second half of fiscal year (FY) 2021. The cap was officially reached on February 12, 2021.
‘No Harm, No Foul,’ Says the Seventh Circuit in an FMLA Interference Case
The Seventh Circuit Court of Appeals recently affirmed summary judgment on behalf of an employer that was sued in an interference claim under the Family and Medical Leave Act (FMLA).
Second Draw Paycheck Protection Program Loans: Answers to Employers’ Frequently Asked Questions
The Consolidated Appropriations Act (CAA), 2021 includes a provision that modified and extended the Small Business Administration’s (SBA) Paycheck Protection Program (PPP). Specifically, Section 311 of the Additional Coronavirus Response and Relief provisions of the CAA provides for PPP second draw loans for eligible businesses. Employers seeking a PPP loan
Beltway Buzz, February 26, 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.
California Employers Can Seek One-Month Extension for Reporting 2020 Pay Data, State Agency Says
On February 3, 2021, the California Department of Fair Employment and Housing (DFEH) updated its frequently asked questions (FAQs) to make clear that employers can seek an extension for reporting year 2020—known as a request for an “enforcement deferral period”—as to its newly enacted pay data reporting requirement that reports
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