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Inability To Perform A Specific Job Is Not A Substantial Impairment On Ability To Work, Says Second Circuit In ADA Case (US)

In Woolf v. Strada, decided by the U.S. Court of Appeals for the Second Circuit in February 2020, the court considered whether the plaintiff’s inability to perform his particular job as a result of migraines and stress arising from the circumstances surrounding his job gave rise to a qualifying disability under the Americans with Disabilities … Continue Reading

Key Provisions of “Colorado Overtime and Minimum Pay Standards Order (COMPS Order) # 36” (US)

COMPS Order 36 (“Order 36”) is scheduled to go into effect March 16, 2020 and makes major changes to wage regulations affecting Colorado employers. Order 36 applies both to hourly and salaried employees and requires significant compliance adjustments for employers. The key changes of Order 36 are summarized below. Colorado employers should carefully review Order … Continue Reading

Employer Update: DHS Issues New Form I-9 with Mandatory Use by May 1, 2020 (US)

United States Citizenship and Immigration Services (“USCIS”) recently issued a new version of its Form I-9, Employment Eligibility Verification, which is used to verify the employment authorization and identity for all employees in the United States. Although employers may now begin to use the new version, which has a 10/21/2019 version date on the bottom, … Continue Reading

State Law Round Up: Philadelphia’s Salary History Ban Upheld and More! (US)

Philadelphia’s Salary History Ban Upheld On February 6, 2020, the U.S. Court of Appeals for the Third Circuit ruled in favor of the City of Philadelphia, upholding the constitutionality of the City’s Wage Equity Ordinance under the First Amendment. The City may now enforce the Ordinance and prohibit employers from asking applicants about their salary … Continue Reading

More Handbook Guidance: NLRB Shows When It Will Uphold Policies Regarding Confidentiality, Cell Phones, and Email Usage

Since the National Labor Relations Board issued the precedent-changing Boeing Company decision in late 2017, the Board has continuously illustrated when employment policies will survive scrutiny under the National Labor Relations Act.  Recently, in Argos USA LLC, the Board clarified its position about three common types of employment agreements or policies, i.e., those concerning confidentiality, … Continue Reading

Update: Obesity as a Disability in the Ninth Circuit (US)

As we previously reported here, the U.S. Court of Appeals for the Ninth Circuit and the Washington Supreme Court have been wrestling with whether obesity qualifies as a disability under the Washington Law Against Discrimination (“WLAD”). The dispute involves an applicant for a position with a railway company who sued in 2010, alleging that the … Continue Reading

Pandemic or Pandemonium? Employers Brace for the Coronavirus (US)

You can’t escape the panic spreading through mass and social media regarding the 2020 Wuhan Novel Coronavirus, a virus that has resulted in fatalities in China and infected thousands worldwide. Symptoms mimic that of influenza (fever, cough), but can include difficulty breathing, pneumonia, kidney failure, and death in severe cases. Despite the panic, there are … Continue Reading

Travel Ban Updates: Temporary Ban of Foreign Nationals Traveling From Mainland China Per Novel Coronavirus Outbreak; Additional Countries Added To Travel Ban 3.0

By Presidential Proclamation, dated January 31, 2020 and effective on February 2, 2020 at 5pm EST, the United States is suspending the entry of “foreign nationals who pose a risk of transmitting the 2019 novel coronavirus.” As a result, foreign nationals (of any nationality), other than immediate family of U.S. citizens, permanent residents and certain … Continue Reading

NLRB Releases Multiple Advice Memoranda Covering a Range of Hot Button Topics (US)

Memos provide guidance on a variety of topics, including employer confidentiality policies and arbitration agreements As you may recall from our previous blog posts, National Labor Relations Board (“NLRB” or “Board”) advice memoranda are issued by the agency’s Division of Advice, which is part of the NLRB’s Office of the General Counsel (the “General Counsel”).  … Continue Reading

SPB In-Depth:  Service Animals as Reasonable Workplace Disability Accommodations (US)

Many individuals with disabilities use service animals to help them fully engage in everyday life.  Animals, particularly dogs, can be trained to perform a wide range of tasks to help people with disabilities, and the number of tasks these specially trained animals can perform continues to grow. As a result, more applicants and employees are … Continue Reading

Spoiler Alert! It’s Going to Be a Roaring 2020 With Many Impactful Laws On The Horizon (US)

Who will be cheering and who will be jeering in this new decade may depend on the outcome of several key cases, pending regulations, and potential state and local law reforms. Below, we provide you with a brief overview of some key issues that may dominate the legal landscape in 2020 and beyond.… Continue Reading

US Department Of Labor Issues Final Rule On Joint Employer Status Under The FLSA (US)

Rule establishes standard under which two employers will be deemed jointly and severally liable under the Fair Labor Standards Act as of March 16, 2020 In January 2016, we posted about an Administrator’s Interpretation issued by the US Department of Labor’s (DOL) then-Wage and Hour Division Administrator that provided guidance for when two or more … Continue Reading

NLRB Must Consider An Employer’s Obligation To Maintain A Harassment-Free Workplace When Evaluating An Employee’s Allegedly Protected Conduct (US)

The U.S. Court of Appeals for the D.C. Circuit recently refused to enforce a decision by the National Labor Relations Board (NLRB) that involved a conflict between an employer’s obligation to maintain a harassment-free workplace under federal and state equal employment opportunity laws (such as Title VII of the Civil Rights Act of 1964 which, … Continue Reading

Can an Employer Implement a Nicotine-Free Hiring Policy?— It Depends on State Law (US)

Nicotine products are highly addictive and have been linked to a variety of serious health issues, including lung cancer and other respiratory illnesses.  In addition to the numerous health risks associated with nicotine use, there is also a causal connection between employee nicotine use and lower productivity in the workplace, as well as higher healthcare … Continue Reading

California’s New Arbitration and Independent Contractor Laws Stayed, Conditionally and Temporarily For Now (US)

January 10, 2020 Update to AB 5 Challenges Trucking Industry:  On Wednesday, January 8, 2020, a California state court ruled that AB 5 does not apply to the trucking industry because the state statute is preempted by federal law.  This state court ruling lays a solid foundation for the federal court hearing on the trucking industry’s … Continue Reading

DHS New Fee Schedule and Other Changes Proposal (US)

The Proposed Rule On November 14, 2019, the Department of Homeland Security (DHS) published a notice of a proposed rule that will considerably alter the fees associated with US filings and immigration benefits. The proposal also includes significant changes to some of the immigration forms published by the US Citizenship and Immigration Services (USCIS). DHS … Continue Reading

NLRB Issues New Rules and Several Key Precedent-Changing Decisions (US)

The National Labor Relations Board issued a slew of precedent-changing decisions this month, as well as significant changes to its rules and regulations. These new rules and decisions will change labor law in several key ways for both union and non-union employers, including during union elections, during internal investigations, when employees seek to use work … Continue Reading

EEOC Withdraws Policy Against Mandatory Arbitration of Workplace Discrimination Claims (US)

On December 17, 2019, the U.S. Equal Employment Opportunity Commission (“EEOC”) rescinded its 22-year-old policy statement disapproving of mandatory employment arbitration agreements for workplace bias claims.  The agency’s 2-1 decision to retract this policy was in direct response to numerous U.S. Supreme Court rulings that support the use of such agreements. … Continue Reading

Genetic Mutation Is Not A Disability under the ADA, Says Ohio Federal Court (US)

In Darby v. Childvine, a recent decision from the United States District Court for the Southern District of Ohio, the Court considered whether a genetic mutation can constitute a “disability” as that term is defined under the federal Americans with Disabilities Act (“ADA”). In that case, the employer terminated the plaintiff/then-employee Sherryl Darby two weeks … Continue Reading

Title VII Pay Bias Claims Do Not Require Evidence of Unequal Pay for Equal Work (US)

On December 6, 2019, a three-judge panel of the U.S. Court of Appeals for the Second Circuit (which hears appeals from federal district courts located in Connecticut, New York, and Vermont) unanimously held that employees can allege gender-based pay discrimination under Title VII of the Civil Rights Act even if they cannot show that a … Continue Reading

H-1B Cap Registration: USCIS Says It’s On For 2020 (US)

On December 6, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that it has completed pilot testing and is implementing the long-anticipated electronic registration tool for the next H-1B lottery of fiscal year (FY) 2021 H-1B visas. In its announcement, USCIS indicated that the initial H-1B cap registration period will run from March 1, 2020 … Continue Reading

ELW Contributors Dan Pasternak and Melissa Legault named National Law Review “Go-To Thought Leaders”

Congratulations to Squire Patton Boggs labor and employment attorneys and long-time Employment Law Worldview contributors Dan Pasternak and Melissa Legault, both of our Phoenix, Arizona office, for being selected by the National Law Review (NLR) as 2019 “Go-To Thought Leaders” for their consistent coverage of emerging employment and labor law issues.  The award spotlights 75 exceptional legal … Continue Reading

Year-End State Law Roundup: Get Ready for 2020! (US)

Minimum Wage, Paid Leave Law Developments, California Compliance, Illinois Update, and More…   Minimum Wage With federal minimum wage stuck at $7.25, state and local governments continue to raise minimum wages. Our current state and local minimum wage chart, showing changes that will be going into effect for the new year, is available here.… Continue Reading

NLRB’s LA Specialty Produce Decision Provides More Clarity on Employee Handbook Rule Standards (US)

On October 10, 2019, the National Labor Relations Board’s (“NLRB” or “Board”) decision in LA Specialty Produce Company provided some employer-friendly clarification of its standard for assessing the lawfulness of employee handbook provisions under the National Labor Relations Act (“NLRA”), and in doing so, categorized two specific types of policies as generally lawful.  In this … Continue Reading
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