New statutory guidance has been published about controversial “fire and rehire” practices, where an employer dismisses a worker to then rehire them on different terms — a tactic typically used to compel an employee to accept...more
Our June update looks at case law developments relating to health and safety dismissals for remaining away from/expressing concerns about Covid in the workplace, the consequences of not complying with the strict requirements...more
The High Court of Justice for England and Wales has prevented an employer from dismissing employees and offering to re-engage them on new terms. As the employer was seeking to remove a right to enhanced pay that it had...more
The High Court of England and Wales in USDAW & Others v Tesco Stores Limited granted an injunction on 3 February preventing an international retailer, Tesco, from deploying “fire and rehire” to phase out an employee benefit....more
Using “fire and rehire” as a way to implement changes to terms and conditions of employment has become increasingly controversial in the UK in recent years. In October the government blocked legislation that would have made...more
On July 13, 2021, Connecticut Governor Ned Lamont signed into law Public Act 21-189, An Act Requiring Employers to Recall Certain Laid-Off Workers in Order of Seniority (the “Act”), which requires hotels, lodging houses, food...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
A former employee of a prominent midtown Manhattan boutique hotel filed a class-action age discrimination lawsuit against her former employer, alleging the hotel failed to rehire her or other older employees after reopening...more
On July 13, 2021, Connecticut Governor Ned Lamont signed into law Substitute Senate Bill No. 658, An Act Requiring Employers to Recall Certain Laid-Off Workers in Order of Seniority (Act). ...more
The Governor of Nevada recently signed into law Senate Bill 386, which is Nevada’s version of the trending “return to work” or “right to recall” laws being passed in other jurisdictions throughout the country in response to...more
Under federal law, all employers (including public, private, government and not-for–profit employers, and employment agencies) are required to report certain data about new employees hired within 20 days of the employee...more
On April 16, 2021, Governor Newsom signed into law Senate Bill 93, which granted the right to recall for certain California hospitality and business services workers whose employment has been impacted by COVID-19 through...more
April 16, 2021, California Gov. Gavin Newsom signed into law Senate Bill 93 (SB 93), which requires certain employers to rehire eligible employees who were previously laid off due to the COVID-19 pandemic....more
Just about a year ago, in the early weeks of the COVID-19 pandemic, economic activity in many sectors went from red hot to nearly frozen, seemingly overnight. The hospitality industry was particularly hard hit, as business...more
Philadelphia has imposed significant new recall and retention obligations on hotel, airport hospitality, and event center businesses as they struggle to recover in this uncertain COVID-19 economy....more
We all remember the shelter-in-place orders of 2020, and the resulting drop in customers for many businesses as the pandemic took its toll throughout the year. Perhaps we should not have been surprised when the pandemic...more
During the COVID-19 crisis, many employers have had to make difficult employment decisions, including large scale furloughs and layoffs. One employee benefits issue that impacts employers who have reduced their workforces is...more
On June 23, 2020, the San Francisco Board of Supervisors passed a "Back to Work" Emergency Ordinance guaranteeing reemployment to certain employees laid off due to the COVID-19 pandemic. The ordinance requires covered...more
This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more
In response to unprecedented unemployment levels caused by the COVID-19 pandemic, the San Francisco Board of Supervisors passed an emergency ordinance on June 23, 2020, that imposes rehiring, notice and reporting obligations...more
Seyfarth Synopsis: On June 23, 2020, the San Francisco Board of Supervisors passed an emergency “Right to Reemployment” Ordinance in response to layoffs due to the COVID-19 pandemic. The Mayor had ten days to take action on...more
Now that COVID-19 lockdown orders in most areas across the country are lifting, employers are beginning to reopen their workplaces. As employees return to work, and customers and contractors are allowed back into businesses,...more
The City of Long Beach, California on May 19, 2020 followed in the footsteps of Los Angeles City and County and adopted its own version of the Right of Recall Ordinance (“Recall Ordinance”) and Worker Retention Ordinance...more
Utah companies are beginning to open their doors again, and there is a lot to consider from an employment law perspective. This complimentary webinar will address some of the following issues: - Employer testing and...more
Over the weekend, the Department of Treasury issued an update to their PPP FAQs. Question #40 clarifies that an employer’s forgiveness amount under PPP will not be impacted if the employer attempts to rehire a previously laid...more