In the wake of COVID-19, employers still find themselves navigating uncharted waters regarding employee leave requests and employer leave responsibilities under various state and federal requirements. Specifically, employee...more
In a Field Assistance Bulletin released on Wednesday, June 24, 2020, the U.S. Department of Labor Wage and Hour Division announced that it would no longer pursue pre-litigation liquidated damages in enforcement actions...more
In a landmark decision authored by Justice Neil Gorsuch and released today, June 15, 2020, the Supreme Court of the United States held that “an employer who fires an individual merely for being gay or transgender violates...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On May 29, 2020, the National Labor Relations Board issued a decision in Wynn Las Vegas, LLC, 369 NLRB No. 91 (2020) broadening the definition of “solicitation.” The Board overruled its prior decisions in Wal-Mart Stores, 340...more
On Monday, May 19, the Department of Labor (“DOL”) withdrew the non-exhaustive lists of establishments that were potentially eligible for or excluded from the retail or service establishment exemption to overtime under...more
Navigating the decision as to when to reopen businesses may be just as daunting as navigating the closures caused by the pandemic. Resuming business operations will require significant preparation, constant monitoring of the...more
5/27/2020
/ Americans with Disabilities Act (ADA) ,
Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
NLRA ,
OSHA ,
Personal Protective Equipment ,
Re-Opening Guidelines
On April 17, 2020, San Francisco Mayor London Breed signed into law the San Francisco Public Health Emergency Leave Ordinance (PHELO or Ordinance), adding San Francisco to the growing list of local jurisdictions issuing their...more
As state and federal agencies continue to respond to the evolving COVID-19 public health crisis, the Occupational Safety and Health Administration (OSHA) and the U.S. Equal Employment Opportunity Commission (EEOC) have...more
On Saturday, April 4, 2020 and Sunday, April 5, 2020, the U.S. Department of Labor issued two new rounds of guidance to states regarding the expanded unemployment insurance benefits available to workers affected by the...more
On March 31, 2020, the National Labor Relations Board (NLRB) issued a new rule modifying election procedures so that employees have more of a say as to whether or not they want union representation. The new rule, which is...more
The “CARES” Act contains several provisions directly impacting labor and employment issues. Below is a summary of the key labor and employment-related provisions contained in the Act....more
PAGA Generally -
Prior to 2004 employees could sue employers for damages or statutory penalties for Labor Code violations and only the state could sue for civil penalties. In 2004 the California Legislature enacted the...more