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EEOC Issues Guidance Clarifying When Opioid Users are Protected From Disability Discrimination Under the ADA (US)

Opioid abuse is widespread in America and the opioid epidemic impacts people from all walks of life, which presents unique challenges for employers who want to limit the potentially adverse effects opioid use may have on their employees and their workplaces. Given the severity of the crisis, it is tempting for employers to want to … Continue Reading

Pennsylvania Hazard Pay for COVID-19 Frontline Workers (US)

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

Black Lives Matter, Racial Unrest and Corporate Culture – How Do Employers Respond? (US)

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

UK Chancellor issues further Treasury Direction on CJRS – mire deepens

On Friday last week the Chancellor issued the third and probably final Treasury Direction in relation to the Coronavirus Job Retention Scheme (CJRS). This is “the law” that will govern the flexible furlough arrangements from 1 July. As with the two previous Treasury Directions, this one is horribly complicated to navigate – to the point … Continue Reading

DOL Update: COVID-19-Related Guidance and New Opinion Letters (US)

During the week of June 22, 2020, the U.S. Department of Labor (“DOL”) Wage and Hour Division (“WHD”) issued three Field Assistance Bulletins, each providing guidance to WHD field staff regarding three unique compliance issues related to the COVID-19 pandemic. In addition, on June 25, 2020, the DOL released five fact-specific opinion letters discussing various … Continue Reading

Walking The Tightrope: Dealing With Employees’ Different Viewpoints On COVID-19, Racial Justice, and Partisan Politics (US)

We’re living through a period of time in the US unlike any we have previously experienced,  simultaneously grappling with a deadly public health emergency, mass protests – some peaceful, some not – seeking racial justice and police reform, and an increasingly bitter, partisan political landscape that likely only will intensify as we get closer to … Continue Reading

US Department of Labor Publishes Regulations Clarifying Various Aspects of the Families First Coronavirus Response Act (US)

Some questions answered, many still remain On April 1, 2020, the U.S. Department of Labor (DOL) released new regulations (29 CFR Part 826), attempting to clarify certain provisions in the Families First Coronavirus Response Act (FFCRA).  As we previously reported here, under the Emergency Paid Sick Leave Act provision of the FFCRA, certain public employers and … Continue Reading

UPDATED: New York State Issues Additional Guidance for Emergency Paid Sick Leave Bill (US)

New York State’s COVID-19 sick leave law has been in effect since March 18, 2020 (see our prior posts here and here). Since then, several questions have remained largely unanswered for both New York employers and employees as they navigate the eligibility and application requirements of the new law, which offers individual job-protected paid or … Continue Reading

UK Equality Commission issues new sexual harassment guidance

Earlier this month, the Equality and Human Rights Commission issued new guidance on sexual harassment and harassment at work. The guidance is very comprehensive, running to some 82 pages, but if you are responsible for drafting your company’s harassment policies or for handling such complaints in the workplace, you should still take a look at … Continue Reading

Equality Commission issues guidance on NDAs in discrimination cases (UK)

The Equality and Human Rights Commission (EHRC) has issued new guidance on the use of confidentiality agreements (often referred to interchangeably as “non-disclosure agreements” “NDAs”, “gagging clauses” or “confidentiality clauses”) in discrimination cases. The stated aim of the guidance is to “clarify the law on confidentiality agreements in employment and to set out good practice … Continue Reading

Three New State Laws Legalize Marijuana Use, Sparking More Confusion and Igniting Further Conflict With Federal Law (US)

The mid-term elections are still on people’s minds, as recounts and run-offs for federal congressional and state gubernatorial candidates are finally wrapping up.  Meanwhile, and largely taking a media-coverage backseat to these high-profile races, many new state initiatives became law as a result of the mid-terms, three which involved legalizing marijuana for recreational or medical … Continue Reading

National Labor Relations Board Issues More Useful Guidance on Handbooks and Other Policies (US)

Last December, the National Labor Relations Board issued a groundbreaking decision that gave both union and non-union employers more flexibility to protect their interests through employee handbooks and other written policies. This week, the Board’s top prosecutor – General Counsel Peter Robb – expanded on that decision and further clarified when an employers’ written policies … Continue Reading

Arizona Law Generally Exempts Franchisors From Being Considered Joint Employers With Franchisees (US)

In the wake of fluctuations in federal labor law, in particular, as interpreted by the National Labor Relations Board (“NLRB”), regarding who may be considered a joint or co-employer of an employee, in 2017, Arizona enacted its own joint employer law.  A.R.S. § 23-1604 makes clear that, at least under Arizona law, a franchisor is not a … Continue Reading

Revised Modern Slavery Guidance – limited help for baffled businesses

We weren’t very nice on this blog about the original Government Guidance on the Modern Slavery Act, largely because it really wasn’t very good. It lacked detail where structure would have been helpful, regularly confused aspiration with legal requirement and contained altogether too many uses of the word “remediation” for a document singing the praises … Continue Reading
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