EEOC Issues Opinion Letter on Scope of Pattern or Practice Claims that Modifies Earlier Position
9/23/20
By: Jennifer Markowski
On September 3, 2020, the Equal Opportunity Commission (“EEOC”) issued an Opinion Letter concerning the so-called “pattern or practice suits” brought under section 707 of Title VII. The questions answered in the letter are: (1) Does a …
Georgia Revamps Lactation Break Law for Private Employers and Creates a New One for Public Employers
9/22/20
By: Tim Boughey
The Georgia state legislature recently weighed in on the issue of lactation breaks by passing “Charlotte’s Law.” Before August 5, 2020, Georgia employers largely followed the federal Fair Labor Standards Act’s lactation break requirements to provide an …
Let Us Eat Cake (and Work)! — A Federal District Judge Declares Pennsylvania’s Capacity Restrictions and Business Closures as Violations of the First and Fourteenth Amendments
9/21/20
By: Ashley Hobson
On Monday, September 14th a federal judge in the Western District of Pennsylvania struck down the Governor’s restrictions on the size limitation of persons at gatherings and the mandatory closure of “non-life sustaining” businesses. The restrictions, …
The Sixth Circuit Takes A Narrow Construction Of The Computer Fraud And Abuse Act And Sides With Employees
9/18/20
By: Caitlin Tubbesing and Barry Miller
The Computer Fraud And Abuse Act (CFAA) is a federal law that provides it is a violation for an individual to “intentionally access a computer without authorization or exceed authorized access” to get protected …
Californians Will Soon Receive Their Supplemental $300 A Week Unemployment Benefits
9/8/20
By: Michelle Harrington
California has secured $4.5 billion from the Lost Wages Assistance Program (LWAP) that will result in a $300 per week boost in unemployment benefits to millions of unemployed people in California impacted by the Coronavirus pandemic. …
US Department of Labor Issues New Guidance on Leave Under the FFCRA for Hybrid/Remote Schooling for Children
9/2/20
By: Catherine Scott
On August 27, 2020, the Department of Labor (DOL) issued three new answers to its Frequently Asked Questions regarding the Families First Coronavirus Response Act (FFCRA). All three of these questions addressed employees’ questions regarding whether they would be entitled …
9th Circuit Holds Amazon’s Last-Mile Delivery Drivers are Exempt from Arbitration
8/21/20
By: Josue Aparicio[1]
On Wednesday, the Ninth Circuit Court of Appeals held that Amazon’s delivery drivers are exempt from the Federal Arbitration Act (“FAA”) because they are transportation workers “engaged in interstate commerce.”
The decision is a huge loss …
Expert Testimony on the Ultimate Issue under O.C.G.A § 24-7-704: Anything Goes?
8/18/20
By: Alexia Roney
After a recent article in the Georgia Bar Journal, there is renewed interest in using experts to testify on ultimate issues under the protection of O.C.G.A. § 24-7-704. See Brett A. Adams, An Overview of Ultimate Issue …
An Uber Disruption: California Judge Grants Preliminary Injunction Requiring Uber and Lyft to Stop Classifying Drivers as Independent Contractors
8/14/20
By: Josue Aparicio[1]
On Monday, a California Judge granted a preliminary injunction ordering that the popular ride-hailing companies, Uber and Lyft, stop classifying their drivers as independent contractors during the pendency of their litigation against the state of California.…
New York Federal Court Nixes Part Of FFCRA Leaving Employers With A Regulatory Landscape That Is Clear As Mud
8/10/20
By: Ashley Hobson
On August 3, 2020, a federal judge in the Southern District of New York threw a major curveball to employers trying to comply with the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical …
PA Supreme Court Rules Uber Drivers Entitled to Unemployment Benefits
8/7/20
By: Erin Lamb
In Lowman v. Unemployment Compensation Board of Review, the Pennsylvania Supreme Court has ruled 5-2 that Uber drivers are not engaged in independently owned businesses when driving for Uber and are therefore eligible for unemployment benefits. The …
Massachusetts’ Highest Court Rules No Double Recovery Allowed for Back Wages
8/5/20
By: Zinnia Khan
On July 14, 2020, the Supreme Judicial Court (“SJC”) of Massachusetts held employees cannot recover unpaid back wages under two different Massachusetts wage laws because doing so would amount to a double recovery with the same set …