Additional EEOC Guidance on COVID-19’s Impact on Workplace Discrimination Laws
On September 8, 2020, the Equal Employment Opportunity Commission (“EEOC”) updated its technical assistance document, which includes Q&As on COVID-19 and its impact on federal discrimination laws such as the Americans with Disabilities Act (“ADA”). The EEOC added 18 Q&As in this document by incorporating information sourced from the EEOC’s Pandemic Preparedness in the Workplace […]
DOL Revises its FFCRA Regulations After Court Ruling
Last month, a New York federal court (the “Court”) struck down parts of the U.S. Department of Labor’s (“DOL”) regulations (“Rule”) on the Families First Coronavirus Response Act (“FFCRA”). In response, the DOL revised portions of its Rule on September 11, 2020. The DOL stated in its updated FAQs (#102) that it considers the Court’s […]
NYS Federal District Court Invalidates DOL’s New Joint Employment Standard
On September 8, 2020, a New York federal district judge ruled that the U.S. Department of Labor’s (“DOL”) newly created standard for joint employer liability was illegal. At the beginning of this year, the DOL issued a new rule (“Final Rule”) for determining joint employment, which eventually became effective March 16, 2020. The Final Rule […]
Another Pandemic Peril: Remote Learning and the Misclassification of Independent Contractors
Schools in New York and New Jersey will be reopening this week or within the next few weeks for the fall semester, whether providing in-school instruction, only remote instruction, or a hybrid of remote and in-school instruction. Working parents who choose the all-remote or hybrid learning option—or whose children’s schools made the choice for them—have […]
NY Federal Court Strikes Down Portions of DOL’s Regulations On FFCRA
On August 3, 2020, a New York federal court (“Court”) vacated portions of the U.S. Department of Labor’s (“DOL”) regulations (“Final Rule”) with respect to the Families First Coronavirus Response Act (“FFCRA”). The State of New York, which brought the lawsuit, argued that the Final Rule exceeded the DOL’s authority to interpret the statute. The […]
Providing Clear Masks for Workers to Prevent Disability Discrimination Lawsuits
Making sure your employees are geared up with masks at work may not be enough. This is the message that employers should take away from the proposed class action that a store customer brought against Nike in California state court, on behalf of herself and others who also are deaf or hard of hearing. Nike, […]
The DOL Weighs in on the Outside Sales Employee Exemption in Latest Opinion Letters
On June 25, 2020, the U.S. Department of Labor (“DOL”) released opinion letters regarding exempt employees under the federal Fair Labor Standards Act (“FLSA”). Two of the letters specifically address the outside sales employee exemption. The FLSA provisions on minimum wage and overtime laws are in Section 7(a) of the FLSA. Employees who are exempt […]
Supreme Court Allows Religious Schools to Hire and Fire Certain Teachers Without Adherence to Anti-Discrimination Laws
In a 7-2 decision, the U.S. Supreme Court held that anti-discrimination laws do not apply to the employment relationship between religious schools and teachers whose job responsibilities include religious instruction and training. The decision consolidates two cases, Our Lady of Guadalupe School v. Morrissey-Berru and St. James School v. Biel, arising from discrimination lawsuits filed […]
Voluntary Travel to High-Risk States by NYS Employees Takes Away Their COVID-19 State Sick Leave Benefits
New York employees who voluntarily travel to certain high-risk states after June 25, 2020 will be ineligible for emergency paid sick leave offered under NYS law. This will not affect the leave benefits provided under the federal Families First Coronavirus Response Act (FFCRA), which employees would still be eligible to receive. “High-risk” states are those […]
Work-Related Expenses While Teleworking During the COVID-19 Pandemic
Although most states have fully or almost reopened, some businesses, such as Twitter and Salesforce, have implemented indefinite remote-working policies. Many other businesses will likely follow suit to some extent. As teleworking becomes the norm for many, the question of whether employers must reimburse employees for work-related expenses, such as computers or laptops, internet connection, […]
