THE U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA HAS ALLOWED A GROUP OF PLAINTIFFS TO PROCEED WITH A LAWSUIT ALLEGING THEY WERE WRONGFULLY TERMINATED FOR COMPLAINING THAT THEIR EMPLOYER VIOLATED STATE AND LOCAL COVID-19 ORDERS
Articles Discussing Labor And Employment Law In All Fifty Us States And Puerto Rico.
On January 12, 2021, Governor Mike DeWine signed into law House Bill (H.B.) 352, which makes significant and sweeping changes to how employment discrimination claims will be handled in the State of Ohio. H.B. 352 amends pertinent sections of Ohio Revised Code 4112, which contains Ohio’s employment discrimination laws, in
The CCPA has reached the one-year mark. This is a good time for businesses to review the success of their compliance programs and recalibrate for the CCPA’s second year. Here are a few suggestions to kick off that review:
Privacy Policies. The CCPA requires a business to update the
In one of the year’s most anticipated court decisions for the trucking industry, International Brotherhood of Teamsters, Local 2785, et al. v. Federal Motor Carrier Safety Administration, No. 19-70413 (January 15, 2021), the U.S. Court of Appeals for the Ninth Circuit upheld a Federal Motor Carrier Safety Administration (FMCSA) ruling
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.
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
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
It was quite a week for the gig economy in California. This is the second of a two-part update; last week we reported on a union- and driver-led California Supreme Court challenge to Proposition 22, the November 2020 voter initiative that allows app-based hiring entities to classify certain workers as independent contractors if they meet specific conditions. Proposition 22 was a response to AB 5, which codified a 2018 decision that is the subject of this article.
Introduction: On January 12, 2021, Uber and Lyft drivers became the first gig workers to challenge Proposition 22, just two months after voters passed it into law on the November 2020 ballot. Prop 22 permits app-based hiring entities to classify workers as independent contractors rather than employees, provided they meet certain conditions, such as a minimum wage, reimbursement for vehicle expenses, occupational accident insurance, healthcare subsidies, and other protections. (Prop 22 is discussed in further detail here).
On January 13, 2021, the Virginia Safety and Health Codes Board (VSHCB) approved a measure implementing permanent workplace safety measures in response to COVID-19. Previously in May 2020, Virginia became the first state to issue temporary COVID-19 workplace safety standards when Governor Ralph Northam issued an executive order requiring most private employers provide personal protective equipment to their employees, ensure social distancing in the workplace, and sanitize workstations, among other measures. For more information on Virginia’s emergency workplace safety rules, please see FordHarrison’s July 17 and July 29, 2020 Legal Alerts.
A federal court in Pennsylvania held that a medical marijuana user’s claims for disability discrimination and retaliation were sufficiently alleged to survive the employer’s motion to dismiss. Hudnell v. Jefferson University Hospitals, Inc., Civil Action No. 20-01621 (E.D. Pa. Jan. 7, 2021).
The employer terminated the employee’s employment after she
Amidst the ongoing COVID-19 pandemic and other events in the nation’s capital, District of Columbia Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 on January 11, 2021. The bill previously passed the Council of the District of Columbia by a 12-0 vote on December
The Federal Motor Carrier Safety Administration (FMCSA), within the federal Department of Transportation, is responsible for regulating commercial motor carrier safety. In 2018, the FMCSA determined that federal law preempts California’s meal and rest break rules for interstate motor carrier drivers who are subject to the FMCSA’s rest break regulations.