President Biden signed legislation on March 3 that is designed to prohibit the mandatory arbitration of sexual harassment and sexual assault disputes. Under the Federal Arbitration Act, an agreement to submit disputes to arbitration rather than to litigation generally is binding… More
The Supreme Court has suspended enforcement of OSHA’s “Vaccine and Testing Emergency Temporary Standard,” which had required that employers with 100 or more employees develop, implement, and enforce mandatory COVID-19 vaccination policies. OSHA issued the standard in early November. Several… More
A federal appeals court has reinstated OSHA’s “Vaccine and Testing Emergency Temporary Standard,” which generally requires that employers with 100 or more employees develop, implement, and enforce a mandatory COVID-19 vaccination and/or testing policy. OSHA issued the standard on November 5,… More
After two months of anticipation, the Occupational Safety and Health Administration issued its “Vaccine and Testing Emergency Temporary Standard” on November 5. The standard applies to all employers with 100 or more employees, and generally mandates that they develop, implement, and… More
The U.S. Supreme Court ruled today that federal law prohibits discrimination in employment on the basis of sexual orientation and gender identity (Bostock v. Clayton County). Federal Law/Supreme Court’s Decision Title VII of the federal Civil Rights Act of 1964 is… More
The CARES Act for Employers; Possible Means of Business Survival The “Coronavirus Aid, Relief, and Economic Security Act” includes several components of critical importance to employers who have been affected by the COVID-19 crisis. The most significant employment‑related provisions of… More
The “Families First Coronavirus Response Act,” signed into law on March 18, applies to all employers with fewer than 500 employees. The Act takes effect “not later than 15 days” after signing. In the absence of other action, therefore, the Act will take… More
Are you (or your employees) anxious about the “Coronavirus?” Take heart; dealing with the situation in a responsible and legal manner is not that difficult. CDC Recommendations The federal Centers for Disease Control and Prevention have publicized some straightforward, common… More
Employees of eight McDonald’s franchises in California sued McDonald’s and the franchisee that owned the eight franchised locations for alleged failure to pay overtime and provide required meal and rest breaks. McDonald’s was sued on a joint employer liability theory. … More
The U.S. Department of Labor issued regulations this week that will have the effect of making more “white‑collar” workers eligible for overtime. White-collar exemptions from overtime Under the federal Fair Labor Standards Act most workers are eligible for overtime when… More