The human resources impact of the Kronos ransomware attack
1/11/22
By: Chenee Castruita
The unique combination of COVID-19 and a drastic decrease in the workforce found more workers putting in overtime this holiday season. Unfortunately, millions of workers last month experienced a delay not only in their packages, but in …
Employer alert: CDC updates mask and quarantine guidelines
1/3/22
By: Diandra Franks and R. Victoria Fuller
On December 27, 2021, the Centers for Disease Control and Prevention (“CDC”) once again updated its mask and quarantine guidelines. In this most recent update, the CDC shortened its recommended isolation and quarantine periods for the general public. These new …
A word to employers: EEOC advises COVID-19 may be a disability under the ADA
12/28/21
By: Julia Bover
COVID-19 and its related health conditions may now be considered a disability under the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act. On December 14, 2021, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance on …
6th Circuit reverses earlier injunction and reinstates OSHA’s Covid-19 vaccine or test mandate
12/20/21
By: Courtney M. Knight
On Friday, December 17, 2021, the Sixth Circuit Court of Appeals reversed an earlier stay by the Fifth Circuit, and allowed OSHA’s COVID-19 Emergency Temporary Standard (“ETS”) to move ahead.
By way of background, on …
Federal government temporarily enjoined from enforcing federal contractor and CMS healthcare vaccine mandates in various states
12/2/21
By Ryan Giggi
As noted in our recent blog, OSHA announced in mid-November, 2021 that it was suspending activities related to the enforcement of its COVID-19 Emergency Temporary Standard (“ETS”) – which would have required businesses with more than …
Ninth Circuit rules for Costco on “Joint Employer” question
11/22/21
By: Curt Graham
The issue of worker classification (i.e., whether a worker is considered an “employee” or not) was recently addressed in a Ninth Circuit Court of Appeals decision involving Costco. On October 29, 2021, the Court issued …
OSHA suspends Covid-19 100 Employee ETS while legal challenges play out
11/17/21
By: Bradley Adler
It has been a very hectic and uncertain few days for employers trying to digest and prepare for implementation of OSHA’s Covid-19 Emergency Temporary Standard (“ETS”). By way of background, on November 5, 2021, OSHA unveiled its …
More changes in Texas laws –Texas expands sexual harassment protections effective September 1, 2021
9/24/21
By: Mandy Hexom
Effective September 1, 2021, Texas employees will have expanded protections against sexual harassment as part of the Texas Commission on Human Rights Act. Surprising many, the Texas Legislature passed Senate Bill 45 (Texas Labor Code § 21.141) …
President Biden announces vaccine requirement for private employers
9/10/21
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”
8/11/21
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
7/21/21
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
7/6/21
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…