Squire Patton Boggs Summer Associate Tess Chaffee summarizes a recent opinion from the United States Court of Appeals for the Eleventh Circuit holding that an adverse employment action is required for a failure to accommodate claim under the Americans with Disabilities Act. Most employers are familiar with the Americans with Disabilities Act (“ADA”), which prohibits … Continue Reading
Squire Patton Boggs Summer Associate Wade Erwin discusses the issues in and implications of an FLSA case set to heard by the U.S. Supreme Court in October. In the upcoming 2022-2023 term, the United States Supreme Court is set to decide in Helix Energy Solutions Group, Inc., et al. v. Hewitt (No. 21-984) whether a … Continue Reading
Squire Patton Boggs Summer Associate Jacob Williams details how new legislation in Colorado will impact employers’ use of non-competition covenants in the Centennial State. Adding to a growing nationwide trend placing restrictions on the use of non-competition agreements in employment contracts, Colorado is the most recent state to adopt exacting restrictions on employers’ use of … Continue Reading
Squire Patton Boggs Summer Associate Clara Davis discusses the U.S. Supreme Court’s recent decision interpreting the Uniformed Services Employment and Reemployment Rights Act (USERRA). On June 29, 2022, the United States Supreme Court ruled that state sovereign immunity does not bar state employers from lawsuits under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). … Continue Reading
Two major developments this week illustrate a new landscape for employers with regard to union organizing campaigns. First, the National Labor Relations Board has reported a dramatic increase recently in the number of union election petitions (i.e., requests for elections to decide whether a union may represent a group of workers). During the first half … Continue Reading
Originally posted on Squire Patton Boggs’ Sixth Circuit Appellate Blog Sometimes federal courts of appeals get to play the lottery. The prize is not millions of dollars, but the chance to adjudicate every challenge to a particular federal agency action filed in federal circuit court. The Sixth Circuit won that lottery yesterday afternoon. At issue is OSHA’s … Continue Reading
Our US Labor and Employment team has developed a model policy that complies with OSHA’s recently announced Emergency Temporary Standards (ETS) requirements regarding vaccination and employee testing, which also includes sample forms for employees to request reasonable accommodations. This policy can be very helpful to employers as they navigate these challenges. Our team can also … Continue Reading
The White House has clarified the requirements of one of the new federal measures that will require employers to ensure employees are vaccinated against COVID-19. Specifically, the White House has issued binding Guidance confirming the requirements of President Biden’s September 7 Executive Order concerning COVID safety for federal contractors and subcontractors. Although this Guidance leaves … Continue Reading
The National Labor Relations Board has taken another step to expand employees’ and unions’ remedies for violations of federal labor law. On September 8, the Board’s General Counsel, Jennifer Abruzzo, issued a memo instructing Board officials to seek new and broader types of remedies in wrongful discharge cases and other situations.… Continue Reading
Issuing the California Supreme Court’s decision in a much anticipated case, Justice Liu on behalf of a unanimous court explained in Ferra v. Loews Hollywood Hotel, LLC that “[t]he calculation of premium pay for a noncompliant meal, rest, or recovery period, like the calculation of overtime pay, must account for not only hourly wages but … Continue Reading
This week, President Biden moved the National Labor Relations Board one step closer towards having a majority of members with pro-union backgrounds. This occurred after Biden nominated his second new member to fill one of the NLRB’s five seats. Biden selected David Prouty, an attorney who has spent his career representing labor unions. If Prouty … Continue Reading
Since the outbreak of COVID-19, the Occupational Safety and Health Administration had limited itself to issuing general guidance concerning COVID-19, as opposed to specific rules or standards. On Thursday, however, OSHA announced that it will issue its first standard specific to COVID-19 for healthcare workers. Although the standard is temporary, it creates significant obligations for … Continue Reading
Following our blog a few weeks ago, the Home Office has this week confirmed that the ability to carry out adjusted right to work checks will now remain in place until 20 June 2021 (inclusive). The temporary measures introduced from 30 March last year have meant that instead of having to have sight of original … Continue Reading
The National Labor Relations Board has provided important guidance for employers who deal with unions that may have tenuous employee support. As many employers know, after a union has been certified as the representative of a group of employees, there are certain legal procedures and doctrines that may allow an employer to cease bargaining with … Continue Reading
As a result of the restrictions in place due to the COVID-19 pandemic, employers have faced challenges in carrying out right to work checks, which usually require in-person sight of the individual’s original passport or biometric residence permit. Thankfully these challenges were acknowledged early on by the Home Office which introduced temporary measures on 30 … Continue Reading
As 2020 comes to an end, the team at the Employment Law Worldview blog would like to take a moment to wish our clients, contacts, friends all the best in 2021!… Continue Reading
It became increasingly clear over 2020 that the existing legislation on remote working was not fully up to the challenges faced by the Russian economy during the Covid-19 pandemic, in particular the need of some businesses to place very large numbers of employees onto compulsory remote working arrangements at short notice. On 8 December, therefore, … Continue Reading
Remote evidence in Tribunal hearings have traditionally been limited to circumstances where an individual’s location or health makes it very difficult for them to attend the venue. Historically the ETs have not much liked it and there is a continued perception that evidence given remotely is like that given by a written statement alone – … Continue Reading
The period of time in which employers can correct any errors and amend claims under the Coronavirus Job Retention Scheme without incurring penalties has been extended to: 90 days after the day on which the Finance Act 2020 was passed (22 July 2020); or 90 days after the day on which the income tax on … Continue Reading
The Tenth Circuit – covering Colorado, Kansas, Oklahoma, New Mexico, Utah, and Wyoming – just became the first federal appellate court to explicitly rule that employees can bring “sex-plus-age” claims against employers under Title VII of the Civil Rights Act of 1964—a claim alleging discrimination on the basis of gender against individuals over the age … Continue Reading
On July 16, 2020, Pennsylvania Governor Tom Wolf announced a hazard pay grant program to help employers provide additional pay for employees engaged in life-sustaining occupations during the COVID-19 pandemic. This hazard pay is funded by $50 million from the CARES Act and is intended to recognize and reward frontline workers and to help eligible … Continue Reading
As the daily news continues to show protests and calls for justice in response to the death of George Floyd and others at the hands of police officers, there is, unsurprisingly, a desire from employees to hear from their employers regarding the ongoing violence and racial unrest in our communities and across the country. Many … Continue Reading
The National Labor Relations Board continues to clarify and update employers’ obligations in key areas. As discussed below, one recent decision clarifies when employers may enter into arbitration agreements that require employees to keep the proceedings confidential. Another recent decision rescinded a rule issued by the Obama-era NLRB and clarified, for employers who are negotiating … Continue Reading
