Handling Telework Requests in a Post-COVID Environment
4/13/21
By: David Chang As COVID-19 numbers retreat and vaccine distributions increase, many businesses that shifted to a Working From Home (“WFH”) environment are preparing to transition back to the office. This will likely bring increased requests for “reasonable accommodations” under the Americans with Disabilities Act (“ADA”), particularly for permission to continue working remotely. While every…
Websites Not Considered Places of Public Accommodation under the ADA
4/9/21
By: Joyce Mocek The Eleventh Circuit recently held that websites of businesses open to the public are not necessarily considered places of public accommodation under Title III of the Americans With Disabilities Act (ADA). The ADA prohibits discrimination on the basis of disability in places of public accommodations, such as hotels, grocery stores, and restaurants. However,…
EEOC 2020 Data Shows Increased Cost of Resolving Workplace Claims
3/30/21
By: Brenton S. Bean The Equal Opportunity Employment Commission has released its 2020 enforcement statistics. These statistics are important because they show trends in the types of claims being brought by employees, as well as those which the EEOC chooses for enforcement action. In summary, the statistics indicate that while claims are down, the amount…
The Third Round Of COVID-19 Relief And How It Could Impact Employers
3/19/21
By: Bill Catto and Brittany Kurtz While most Americans are checking their bank accounts for a stimulus check, employers should be aware of the extensions and expansions of the latest COVID-19 legislation allowing for additional tax credits for voluntarily providing COVID-19 paid sick and family leave. On March 11, 2021, the President signed the American…
Update to Massachusetts Paid Family and Medical Leave
3/2/21
By: Janet Barringer and Lori Eller The Massachusetts Department of Family and Medical Leave (“the Department”) has continued to update its guidance and resources on the Massachusetts Paid Family and Medical Leave Law (“PFML”), which went into effect at the beginning of 2021. It is important for employers to stay updated on this guidance and…
DOL Pulls The String On Tip Credit Regulation… Again
3/1/21
By: Justin Boron The regulatory yo-yo on servers’ tips continues. On Wednesday, the U.S. Department Labor recoiled a rule set to take effect today, March 1st that would have made it easier for restaurants to comply with a regulation governing the amount of hours tipped employees like servers—who typically earn a lower minimum wage because…
2/25/21
By: Jennifer Markowski, R. Victoria Fuller and Kevin Kenneally A year into the pandemic, the legal landscape facing employers arising out of the COVID-19 continues evolving. In a recent federal case in California, the Court was asked to consider whether employers could be held liable to family members and others who contract COVID-19 from employees…
Ban on Noncompete Agreements: A Growing Trend?
2/22/21
By: Amy C. Bender In an effort to protect valuable customers, confidential and proprietary information, and investment in personnel, employers often require noncompete agreements that limit an individual’s ability to engage in competing services during and after employment. There is no national standard governing noncompete agreements; rather, each state has its own laws on the…
2/18/21
By: Jennifer Markowski and Jennawe Hughes The federal lawsuit filed by employees of Whole Foods Market, Inc. (“Whole Foods”) and Amazon.com, Inc. (“Amazon”) who were prohibited from wearing Black Lives Matter (“BLM”) attire, was dealt a significant blow when a Massachusetts federal judge dismissed the majority of the case finding all but one employee had…
New OSHA Guidance Is Harbinger of More to Come
2/3/21
By: Michael Hill The Occupational Health and Safety Administration (OSHA) issued new guidance to employers on how to prevent the spread of COVID-19 in the workplace. Here are the main takeaways: Employers should continue making employees wear masks even if they have been vaccinated against COVID-19 because it is not yet know whether vaccinated individuals…
A Mandatory COVID-19 Vaccination Program in the Workplace: Will It Open An Employer To Liability?
1/29/21
By: Kevin G. Kenneally and Janet R. Barringer With the development of vaccines that have been determined to be effective against COVID-19, both employers and employees are asking when it is appropriate or safe to return to the office. One recurring question is whether a business can require its workers to be vaccinated in order…
New COVID-19 Notice Requirements for California Employers
1/12/21
By: Chelsea Whelan The new year ushers in new rules for California employers receiving notice of potential COVID-19 exposure in the workplace. California Labor Code section 6409.6 became effective January 1 this year following the passage of Assembly Bill 685 and will sunset on January 1, 2023. Section 6409.6 requires employers provide written notice within one business…