President Biden announces vaccine requirement for private employers
By: Jacob McClendon
On September 9, President Biden announced that the Occupational Safety and Health Administration (“OSHA”) will develop an emergency rule requiring private businesses with 100 or more employees to require their employees to be fully vaccinated or to …
Meal and rest period premiums are required to be paid at the regular rate of pay which now includes “non-discretionary payments”
By: Adam Khan
On July 15, 2021, the California Supreme Court delivered a victory for employees and an equally tough blow to California employers.
In Jessica Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court held employers must …
District of Massachusetts indicates that employment alone is not sufficient consideration under the Massachusetts Noncompetition Agreement Act
By: Victoria Fuller and Lori Eller
In KPM Analytics N. Am Corp. v. Blue Sun Sci., LLC, the District of Massachusetts recently provided some much-needed guidance concerning the enforceability of non-compete agreements governed by the Massachusetts Noncompetition Agreement Act, …
Here’s a tip: don’t expect the regulation governing servers’ tips to get clear anytime soon
By: Justin Boron
As we have previously noted, the regulatory seesaw on the tip credit a business may take on employees’ tips has continued under the Biden Administration. After reversing the previous administration’s banishment of the so-called 80/20 rule…
EEOC Issues Guidance on Mandatory COVID-19 Vaccine Programs and Permissible Vaccine Incentives-What Employers Need to Consider
By: John Bennett and Doug Blatecky
Although many businesses have not mandated that their employees get a COVID-19 vaccine, the EEOC’s recently released guidance confirms that federal equal employment opportunity laws do not prevent an employer from requiring employees physically …
Don’t Tell Me Where to Live! – New Jersey Public Employee Residency Requirements Deemed Unconstitutional
By: Stephanie Greenfield
A recent decision from the Superior Court of New Jersey held that the New Jersey First Act (“Act”) and its residency requirements are unconstitutional in their present form.
The Act, signed by Gov. Chris Christie in 2011, …
Massachusetts Appeals Court Holds Massachusetts Commission Against Discrimination Failed to Put Employer on Notice of Claims Tried in Public Hearing
By: Victoria Fuller and Matthew Schwartz
In 15 LaGrange Street Corporation v. MCAD, Civ. A. No. 20-P-726, the Massachusetts Appeals Court partially vacated a judgment entered by the Massachusetts Commission Against Discrimination (the “Commission”) against an employer to the …
Eligible Employers Have Until Monday, July 19, 2021 to Submit Their EEO-1 Component 1 Data Collection for the 2019 and 2020 Year
By: Hannah-Kate Gosch
On April 26, 2021, the Equal Employment Opportunity Commission (“EEOC”) announced that it was opening the 2019 and 2020 EEO-1 Component 1 data collection on its recently relaunched data collection website. Eligible employers have until Monday, …
Two Lawsuits Test the Permissibility of Mandatory COVID-19 Vaccination Policies in Employment
By: Michael Hirota
As the COVID-19 vaccine becomes more widely available within the United States, many employers are grappling with how to incorporate employee vaccination into their return-to-work requirements. Two recent lawsuits in New Mexico and California challenging mandatory vaccination …
At the Intersection of FMLA and Workers Compensation: Ramji v. Hospital Housekeeping Systems, Inc.
By: Tia Combs
The Eleventh Circuit recently weighed in on how the Family Medical Leave Act (“FMLA”) and state law workers compensation schemes interact in Ramji v. Hospital Housekeeping Systems, LLC, No. 19-13461, 2021 WL 1257247 (11th Cir. April …
PA’s Prevailing Wage Law Shows Its Teeth
By: Joshua Ferguson and Courtney Mazzio
Pennsylvania’s Prevailing Wage Law was enacted in 1961 to protect construction workers from out-of-state competition, mandating those contractors pay the wages that “prevail” in each region on all government construction projects more than $25,000.
Violations of this state labor …
Arbitration – Is it the Happiest Place on Earth?
By: Anna Drake
A recent lawsuit filed in Pennsylvania state court involves the important topic of dispute resolution and how it can play out in an employment setting. It can be specifically important in terms of employment agreements that include …