News & Analysis as of

Fair Labor Standards Act (FLSA) Infectious Diseases

Seyfarth Shaw LLP

Courts Begin Ruling on Compensability of Covid-19 Screening Time

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Employers have had to quickly pivot in numerous ways to keep their workplaces operating since the onset of the COVID-19 pandemic. One such way the workplace changed is through the introduction of COVID-19 screening tests for...more

Proskauer - Law and the Workplace

Federal District Court Says Pre-Shift COVID Screening Time Not Compensable

In the first reported decision we’ve seen addressing the issue head on, a federal district court in California dismissed a putative collective action claim under the Fair Labor Standards Act (FLSA) seeking payment for time...more

Quarles & Brady LLP

What Should Employers Expect in 2022, Non-COVID Edition

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If your business employed 100 or more workers, chances are you spent a lot of time and effort understanding and preparing for the OSHA COVID-19 vaccine-or-test Emergency Temporary Standard....more

FordHarrison

DOL Issues Guidance on Compensability of Time Spent Undergoing COVID-19 Health Screenings, Testing, and Vaccinations

FordHarrison on

Note: On January 24, 2022, the DOL removed Fact Sheet #84 from its website. For more information please see our follow-up Alert.  The U.S. Department of Labor (DOL) has issued Fact Sheet #84 addressing the compensability...more

FordHarrison

UPDATE: Withdrawal of DOL Guidance on Compensability of Time Spent Undergoing COVID-19 Health Screenings, Testing, and...

FordHarrison on

The U.S. Department of Labor (DOL) on January 24, 2022 removed, without explanation, from its website Fact Sheet #84 addressing the compensability of time spent undergoing COVID-19 health screenings, testing, and vaccinations...more

FordHarrison

EntertainHR: Top 10 Most Viewed Posts of 2021

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As 2021 winds down, our EntertainHR blog approaches its seven-year anniversary next month. Therefore, in homage of what not to do in the workplace (based on examples of from television, film, and other popular media) and in...more

Proskauer Rose LLP

10 Developments That Shaped Employment Law In 2021

Proskauer Rose LLP on

2021 was a transformative year for labor and employment law and fundamental employment dynamics. There was no shortage of highly influential decisions issued by courts around the country in 2021 — and California continues to...more

Proskauer - Law and the Workplace

Do We Have to Pay for That?  Part 1—COVID-19 Vaccination, Testing, and Screening Activities

In this blog series, we’ll look at a variety of activities and discuss whether an employer has to pay its non-exempt (i.e., overtime-eligible) employees for their time spent engaging in them.  We’ll focus on federal law, but...more

Ward and Smith, P.A.

Show Me The Money! Wage and Hour Requirements Applied to COVID-19 Testing Time

Ward and Smith, P.A. on

Recently, several of our clients have asked us whether they are required to compensate their employees for time spent going for the COVID-19 test. Fortunately, the United States Department of Labor ("USDOL") has issued...more

Bodman

Common Questions and Concerns About OSHA's Workplace Vaccine Mandate - Part 2 of 2

Bodman on

President Biden’s “Path Out of the Pandemic” action plan has left many employers wondering – what will happen next?  Although there is more unknown than known at this point, Bodman’s Workplace Law Group has collected clients’...more

Kaufman & Canoles

Employment Law Update – Fall 2021

Kaufman & Canoles on

VIRGINIA’S “VACCINATION CZAR” TO BE FEATURED SPEAKER AT K&C SEMINAR - Earlier this year, Gov. Ralph Northam appointed the Director of the Richmond City Health District, Dr. Danny Avula, as Virginia’s “Vaccination Czar” in...more

Bowditch & Dewey

Can Massachusetts Employers Offer Vaccination Incentives to Employees?

Bowditch & Dewey on

In light of the recent expanded access to COVID-19 vaccines, many employers have considered how to encourage their eligible workforce to voluntarily receive vaccinations in lieu of mandating vaccines in the workplace. One...more

FordHarrison

Chicago Enacts Vaccination Anti-Retaliation and Rights Ordinance

FordHarrison on

On April 21, 2021, the City of Chicago enacted the Vaccine Anti-Retaliation Ordinance that provides all workers in Chicago with rights to obtain COVID-19 vaccinations during their work hours and imposes significant penalties...more

Franczek P.C.

The First 100 Days of the Biden Administration: Labor and Employment Activity (UPDATED)

Franczek P.C. on

In week twelve, the Biden administration’s labor and employment activity includes selecting a chief to lead the Occupational Safety and Health Administration (OSHA), increased staffing at the Equal Employment Opportunity...more

Akin Gump Strauss Hauer & Feld LLP

The COVID-19 Vaccine Rollout: What Employers Need to Know

Key Points: - Vaccinations for COVID-19 are picking up steam around the country as supply increases and eligibility expands. - Now is the time for employers to think through issues raised by employee vaccination...more

Pullman & Comley - Labor, Employment and...

Employees Splitting Working Time Between the Office and Home? The DOL Reminds Employers About the Rules on When Commute Time is...

One of the consequences of the pandemic has been the increased prevalence of remote work or telework. As more and more people are vaccinated and life returns to something like pre-pandemic normalcy, it is not clear to what...more

Epstein Becker & Green

#WorkforceWednesday: OSHA’s Updated COVID-19 Guidance, CDC’s New Mask Guidance, Biden Administration Rollbacks - Employment Law...

Epstein Becker & Green on

Welcome to #WorkforceWednesday. This week, we look at updated safety and mask guidance and the top workplace regulations the Biden administration has rolled back. OSHA Updates COVID-19 Guidance In response to President...more

Burr & Forman

Construction & Real Estate E-Note - January 2021

Burr & Forman on

Resources - Florida Supreme Court Amends Summary Judgment Procedural Rule to Mirror Federal Doctrine - Florida courts have required the moving party to "conclusively disprove" the nonmovant's theory of the case in...more

Burr & Forman

Labor & Employment E-Note - January 2021

Burr & Forman on

Focus The COVID-19 Vaccine: An Update for Employers As of January 19, 2021, two vaccines have been authorized for emergency use by the FDA, with two additional vaccines nearing the end of clinical trials. With vaccines now...more

Fisher Phillips

Charting The Risk Associated With Common Workplace COVID-19 Vaccine Incentive Programs

Fisher Phillips on

Now that a COVID-19 vaccine is becoming increasingly available, how can employers encourage employees to receive it? Beyond requiring the shots as a mandatory condition of employment – which is not an option many employers...more

Pullman & Comley - Labor, Employment and...

US DOL Issues New Enforcement Guidance on Electronic Workplace Posters and Telemedicine under the FMLA

The United States Department of Labor (DOL) recently issued two Field Assistance Bulletins in response to the COVID-19 pandemic. The first Bulletin provides guidance on when employers can satisfy certain federal workplace...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - December 2020

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The NLRB Will Look, And Act, Much Differently Under A Biden Administration.  Joe Biden has reiterated, again and again, that supporting organized labor will sit atop his agenda. The board is currently operating with a vacant...more

Wyrick Robbins Yates & Ponton LLP

Six Common (and Costly) FLSA Mistakes

The Federal Fair Labor Standards Act, 29 U.S.C. § 201, et seq., was created as a part of the “New Deal” to help our nation recover from the Great Depression.  ...more

Littler

DOL Provides Enforcement Reprieve for Certain Seasonal Establishments Coping with COVID-19

Littler on

On September 15, 2020, the United States Department of Labor assured existing, seasonal-based establishments they could engage in alternative activities to cope with the financial fallout from COVID-19, without losing their...more

Robins Kaplan LLP

Financial Daily Dose 9.9.2020 | Top Story: Luxury-Goods Giant LMVH Pulls Out of $16 Billion Deal to Acquire Tiffany & Co.

Robins Kaplan LLP on

Blaming a “U.S. move to impose tariffs on French goods,” luxury brand conglomerate LMVH is pulling out of a proposed $16 billion deal to buy jeweler Tiffany & Co. Tiffany is now suing to enforce the ill-fated agreement....more

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