Perspectives on Labor & Employment
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On January 21, 2021, the Biden Administration issued an Executive Order outlining its objectives with respect to worker health and safety during the ongoing COVID-19 pandemic.
Arent Fox is proud to announce that Labor & Employment Partner Darrell S. Gay has been named among the most notable Black Leaders and Executives by Crain’s New York.
Mark A. Bloom, Lynn R. Fiorentino, David R. Hamill, David R. Hanke, Marwa M. Hassoun*, David P. Grosso, Elliott M. Kroll, J.H. Jennifer Lee, M. Scott Peeler, Andrew Ross, Julius A. Rousseau, III, D. Jacques Smith, Randall A. Brater, Henry Morris, Jr., Angela M. Santos, Stephanie Trunk
Arent Fox is monitoring policy changes by the Biden Administration to provide timely analysis on how they could impact your business.
It’s that time of year again where employers have to decide who they are sponsoring for an H-1B visa.
As we’ve reported, on his first day in office President Biden revoked Executive Order 13950, the controversial Trump administration order that prohibited federal contractors, subcontractors, and grant recipients from providing certain workplace diversity training and programs.
California Motor Carriers Rest Easy: 9th Circuit Upholds Preemption of California Meal and Rest Break Rules
The 9th Circuit Court of Appeals has upheld a decision by the Federal Motor Carrier Safety Administration (FMCSA) that FMCSA’s rest break regulations preempt the California meal and rest break rules (CA MRB Rules).
In Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 903 (2018), the California Supreme Court held that any individual who performs work for a person or entity is presumed to be an employee who falls within the protections afforded by California’s Labor Code and Wage Orders.
In 2016, the US Department of Justice issued its Antitrust Guidance for Human Resources Professionals (Antitrust Guidance), in which it warned that criminal charges may result if corporations enter into “naked no-poach agreements.”
In light of the development of a COVID vaccine, employers across all industries are beginning to plan for their employees to return to the workplace.
We’ve reported, at length, on Virginia’s first-in-the-nation, state-wide, temporary COVID-19 workplace safety standard linked below. That standard took effect on July 27, 2020, and will expire on January 26, 2021.
Last week, the Equal Employment Opportunity Commission (the EEOC) proposed two final rules: One under the Americans with Disabilities Act (the ADA), and the other under the Genetic Information Nondiscrimination Act (GINA).
On January 11, 2021, Mayor Muriel Bowser signed into law the Ban on Non-Compete Agreements Amendment Act of 2020, passed by the Council of the District of Columbia in December 2020.
Effective January 1, 2021, every private employer in Florida must either use E-verify, a federal web-based program, to verify the identity and work authorization for each new hire.
On January 6, the US Department of Labor announced a final rule, aimed at clarifying the distinction, under the FLSA, between employees and independent contractors.
On December 31, 2020, the Administrator of the Department of Labor’s Wage and Hour Division issued an opinion letter addressing whether certain travel time that occurs on a partial telework day is compensable under the FLSA. Opinion Letter FLSA2020-19 (December 31, 2020).
In a major setback for the Trump administration, US District Court Judge Beth Labson Freeman, of the US District Court for the Northern District of California, issued a nationwide injunction.
After months of debate, Congress has passed, and President Trump is expected to sign, a COVID-19 relief, appropriations, and tax bill. Doubtlessly, the Bill, which is nearly 6,000 pages long, will undergo much scrutiny and analysis over the ensuing days and weeks.
On December 7, 2020, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a rule clarifying the scope of the religious exemption under Executive Order 11246 (EO 11246), which requires equal employment opportunity in federal government contracting.
Both practical and legal issues will need to be resolved, but as of today, the EEOC has signaled that mandatory COVID vaccinations are lawful for the vast majority of employees.
California Court of Appeal held that California’s wage and hour laws apply to seamen working on a ship outside of California’s jurisdictional limits.
California Trucking Industry Faces Continuing Legal Uncertainty After the California Court of Appeal Finds the Expanded AB 5 ‘ABC’ Test Not Preempted by the FAAAA
In the currently labyrinthine world of litigation and legislation impacting the appropriate classification of independent contractors in California, we suggest that you seek the advice of your AF Labor & Employment.