Littler (JD Supra United States)

Dear Littler:  Thank you for answering our question last month about what wage and hour issues we needed to consider for our “wandering worker” who moved to North Dakota and wants to continue remote work. Of course, now that that issue is resolved, we have another question for you.

As the trajectory of the COVID-19 pandemic continues to unfold, government officials at all levels are reevaluating their health and safety protocols and adjusting workplace guidance based on ever-shifting case and vaccination metrics.

Minimum wage laws can affect businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. To help manage this challenge, below we provide, essentially, a rates-only update that details scheduled state- and local-level wage increases throughout the summer and fall of 2021 so employers can determine the minimum amount they must pay non-exem

On May 25, 2021, Governor Steve Sisolak signed Assembly Bill 47, revising the law regarding noncompetition covenants in Nevada.  As originally drafted, Assembly Bill 47 would have repealed Nevada’s noncompetition statute…

On May 27, 2021, in Todd v. Fayette County School District, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the propriety of a school district’s decision to end a mentally ill teacher’s employment.

On May 28, President Biden released his $6 trillion budget proposal for the 2022 fiscal year. While final spending decisions are decided by Congress, the president’s budget submission typically provides a general idea of where the administration's priorities lie.

Governors and public health officials across the country have implemented stringent mitigation measures to help contain the spread of COVID-19. As businesses reopen, face coverings remain popular as a preventative measure. Numerous jurisdictions have encouraged—or mandated—citizens to wear face coverings when out in public, especially when social distancing cannot be maintained effectively.

Dear Littler: We’re a nationwide employer excited that many of the pandemic-related restrictions are starting to ease up. In pre-COVID times, summer was always our busiest season.

Governors and public health officials across the country have implemented stringent measures to help contain the spread of COVID-19, such as safer at home and face covering mandates. Some jurisdictions also require employers to screen the health of employees, often as they begin a shift.

As the trajectory of the COVID-19 pandemic continues to unfold, government officials at all levels are reevaluating their health and safety protocols and adjusting workplace guidance based on ever-shifting case metrics. While all states had begun reopening last year, rising cases caused many jurisdictions to either pause their progress, or return to more restrictive measures in early 2021.

Over the years, attempts to arbitrate breach of fiduciary duty claims under the Employee Retirement Income Security Act (ERISA) Section 502(a)(2) have had varying results.  One court recently recognized that “whether any benefits plan may agree to submit to arbitration and/or whether an individual employment agreement may compel claims on behalf of a benefits plan to proceed to arbitration are...

As the trajectory of the COVID-19 pandemic continues to unfold, government officials at all levels are reevaluating their health and safety protocols and adjusting workplace guidance based on ever-shifting case metrics. While all states had begun reopening last year, rising cases caused many jurisdictions to either pause their progress, or return to more restrictive measures in early 2021.

On May 28, 2021, Massachusetts Governor Charlie Baker signed legislation providing every full-time employee up to 40 hours (pro-rated for part-time employees) of job-protected, emergency paid sick leave for certain COVID-19 reasons, including to obtain the COVID-19 vaccination or to recover from symptoms arising from the vaccination.

On May 26, 2021, President Joseph R. Biden nominated Gwynne Wilcox to fill an open seat on the National Labor Relations Board.  Wilcox is currently a senior partner at a labor-side labor and employment firm, and is assistant general counsel to the Service Employees International Union (SEIU) Local 1199 in New York. 

On May 25, 2021, Governor Brian Kemp signed an Executive Order (Order) prohibiting any state agency, provider of state services, or state property from implementing a Vaccine Passport Program (VPP) or otherwise requiring an individual to provide proof of COVID-19 vaccination. 

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) provided its first comprehensive update of its guidance since December 2020 (before COVID-19 vaccinations were broadly available) regarding COVID-19.

The National Labor Relations Board, by a vote of 2-1, recently reversed an administrative law judge (ALJ) in finding that a hospital did not violate the National Labor Relations Act (the Act) by failing and refusing to bargain in good faith with the union.

On May 24 and 25, 2021, New Jersey Governor Philip D. Murphy signed Executive Order (EO) 242 and EO 243, respectively, easing COVID-19-related workplace restrictions. While EO 242 had less impact on employers than many had hoped, the governor clarified and expanded his directives with EO 243, which is a positive step towards returning to pre-COVID-19 workplace conditions.

Governors and public health officials across the country have implemented stringent measures to help contain the spread of COVID-19, such as safer at home and face covering mandates. Some jurisdictions also require employers to screen the health of employees, often as they begin a shift. These health screening steps, including temperature checks, have become more common as states reopen their...

Governors and public health officials across the country have implemented stringent mitigation measures to help contain the spread of COVID-19. As businesses reopen, face coverings remain popular as a preventative measure. Numerous jurisdictions have encouraged—or mandated—citizens to wear face coverings when out in public, especially when social distancing cannot be maintained effectively. Some...

Employers concerned about the risks and expenses associated with employment litigation have increasingly required their employees to agree to arbitration in the event of a dispute. Even upon the issuance of the arbitrator’s final decision, however, a court’s intervention may still be necessary. At the very least, the court can actually enforce an arbitration award, whereas the arbitrator cannot.

As the trajectory of the COVID-19 pandemic continues to unfold, government officials at all levels are reevaluating their health and safety protocols and adjusting workplace guidance based on ever-shifting case metrics. While all states had begun reopening last year, rising cases caused many jurisdictions to either pause their progress, or return to more restrictive measures in early 2021....

On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA) that contains a new, temporary COBRA subsidy. The ARPA COBRA subsidy requires employers to cover 100% of an employee’s cost of continuing group health coverage under COBRA from April 1, 2021 through September 31, 2021 for those who lost their health care coverage on account of a reduction of hours or an...

During the last legislative session, the Nevada Legislature made several efforts to increase the state minimum wage. One such effort was Assembly Joint Resolution No. 10 of the 80th Legislative Session (AJR 10). If successful, this proposed constitutional amendment would eliminate the two-tiered minimum wage system introduced by ballot initiative in 2006, and establish a single $12 minimum wage

On May 17, 2021, Governor Kay Ivey signed Alabama’s new medical marijuana law, known as the Darren Wesley ‘Ato’ Hall Compassion Act, making Alabama the 37th state to legalize marijuana for medical purposes. The law identifies specific qualifying medical conditions, including but not limited to autism spectrum disorder (ASD); cancer-related cachexia, nausea or vomiting, weight loss, or chronic...

The U.S. Court of Appeals for the Eleventh Circuit recently issued an opinion concerning the Title VII retaliation protections afforded to third parties. Tolar v. Bradley Arant Boult Cummings, LLP, No. 19-11546 (11th Cir. May 17, 2021). Although the Eleventh Circuit affirmed the district court’s order granting summary judgment for the defendant employer, based on the McDonnell Douglas burden-shif

Effective May 24, 2021, The Michigan Occupational Safety and Health Administration (MIOSHA) revised its COVID-19 Emergency Rules. The change comes as more Michiganders have received vaccines and COVID-19 cases have decreased.

Governors and public health officials across the country have implemented stringent mitigation measures to help contain the spread of COVID-19. As businesses reopen, face coverings remain popular as a preventative measure. Numerous jurisdictions have encouraged—or mandated—citizens to wear face coverings when out in public, especially when social distancing cannot be maintained effectively. Some...

Pennsylvania’s Emergency Management Services Code allows a governor, upon declaring a disaster emergency, to issue orders responding to that emergency.  The power to issue such orders ends either when the governor decides the emergency has passed or the legislature, by concurrent resolution, terminates the state of disaster emergency by two-thirds vote.

Governors and public health officials across the country have implemented stringent measures to help contain the spread of COVID-19, such as safer at home and face covering mandates. Some jurisdictions also require employers to screen the health of employees, often as they begin a shift. These health screening steps, including temperature checks, have become more common as states reopen their...