Statute of Limitations Tolled in California Amid Pandemic
8/3/20
By: Matthew Jones
In response to the COVID-19 pandemic, California’s Governor Gavin Newsom issued a “state of emergency” for the entire State. In response, the California Judicial Council adopted several Emergency Rules to implement during the pandemic. In particular, Rule 9 states …
Pennsylvania Offers Certain Employers Help with Hazard Pay
7/23/20
By: Justin Boron
Last week, the governor made $50 million available to businesses, health care non-profits, public transit agencies, and certain economic development organizations to cover hazard pay for ‘front line’ employees exposed in life-sustaining industries exposed to COVID-19 risks. The …
Who Falls Within The Ministerial Exception? Look To The Job Duties, Not The Job Title
7/14/20
By: Michael Hill
The Supreme Court has clarified the so-called “ministerial exception” to federal employment laws, such that it is not necessarily limited to leadership positions in a religious institution. In Our Lady of Guadalupe School v. Morrissey-Berru, the …
New Jersey and COVID-19: What Businesses Need To Know About Reopening Plans
7/13/20
By: Ashley Hobson
New Jersey has been one of the most proactive and reactive states amidst the COVID-19 pandemic. As of the publication of this Blog, the State has only entered into the second stage of its reopening, which still …
Florida Governor Signs Employment Eligibility Verification Bill into Law
7/2/20
By: Melissa Santalone
Florida Governor Ron DeSantis has signed into law a bill on verification of employees’ legal authorization to work in the U.S. that is a far cry from the original bill proposed at the beginning of the legislative …
Agreement to Arbitrate Enforceable Even After Termination of Agreement with Assisted-Living Facility
7/1/20
By: Kevin Kenneally, Janet Barringer and William Gildea
The United States Court of Appeals for the First Circuit has upheld a challenge to the enforceability of an arbitration agreement in the senior living facility and long-term care (LTC) arena. …
OSHA Issues Guidance On Reopening for Non-Essential Businesses
6/24/20
By: Hillary Freesmeier
The Occupational Safety and Health Administration, better known as OSHA, has recently released its Guidance on Returning to Work for those businesses that have been deemed “non-essential” during the COVID-19 pandemic.
The Guidance directs a Three Phase …
Massachusetts Superior Court Rules Non-Compete Agreement Fully Enforceable Despite Minor Change in Job Duties Between Signing and Enforcement of Agreement
6/22/20
By: Janet Barringer and Zinnia Khan
The Massachusetts Superior Court’s recent decision in Now Business Intelligence, Inc. v. Sean Donahue, et al., held minor changes in an employee’s job duties will not create a “new employment contract” so as …
U.S. Supreme Court Rules 6-3 That Federal Employment Law Prohibits Discrimination On The Basis Of Sexual Orientation Or Gender Identity
6/17/20
By: Ryan Greenspan
In perhaps the most significant and far-reaching employment-law decision in decades, the U.S. Supreme Court ruled on June 15, 2020 that the 1964 Civil Rights Act’s prohibition of discrimination “because of… sex” necessarily includes discrimination based on …
Kentucky Federal Court Dismisses Former Employee’s Wrongful Termination Suit Related to Use of CBD Oil
6/15/20
By: Curt Graham
As CBD products continue to gain popularity across the country, employers are likely to have questions regarding the scope of their drug testing policies. A recent decision from the United States District Court for the Western District …
OSHA Issues Updated Guidance On When Employers Must Record COVID-19 Cases
6/8/20
By: Elizabeth Fellmeth
In OSHA’s original guidance from April 2020, the agency acknowledged the difficulty in determining whether a COVID-19 case was “work-related” due to possible employee infections from outside the workplace. Most employers did not have a reporting obligation …
Congress makes PPP forgiveness easier to obtain in passing the PPP Flexibility Act
6/5/20
By: Justin Boron
You just got a reprieve on your forgiveness.
In passing an amendment to the Paycheck Protection Program on Wednesday evening, Congress—among other changes it made to the PPP—extended the period to spend forgivable loan money from eight …