Insights on Labor, Employment & OSHA

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.

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.

Society for Human Resource Management

The Federal Circuit Court has issued an opinion invalidating a post-employment invention assignment provision in an employment agreement because the assignment provision violated California law disfavoring restrictive covenants.

On November 19, 2020, the California Occupational Safety and Health Standards Board (the Board) unanimously approved a set of emergency COVID-19 safety regulations that significantly expand the responsibilities of most California employers to prevent the risk of COVID-19 outbreaks in the workplace.

On November 9, 2020, the California Court of Appeal (Fourth Appellate District, Division 3) decided Semprini vs Wedbush Securities, Inc., holding that a certified class of employees paid on a commission-only basis did not meet the salary basis test for the administrative exemption from overtime.

Since California first legalized medical marijuana in 1996, approximately thirty-two other states and the District of Columbia have followed its lead and approved marijuana use for medical purposes.

Remember August 2019? Before COVID? Before masks? Before shutdowns, limited reopenings, resurgences, and renewed shutdowns? Before presidential election drama?

On November 18, 2020, the Fourth Circuit upheld a summary judgment award in favor of Lowe’s Home Centers LLC (Lowe’s), holding that it did not violate the Americans with Disabilities Act (ADA) when a disabled, long-term employee was removed from his senior role and passed over for two similar vacant

On November 17, 2020, the US Equal Employment Opportunity Commission (EEOC) announced that it is seeking public input on its updated Compliance Manual Section on Religious Discrimination (the Manual). 

Representative Joyce Beatty, Democrat-Ohio, recently introduced a bill to nullify Executive Order 13950, which prohibits federal contractors, subcontractors, and grant recipients from inculcating “race or sex stereotyping,” “race or sex scapegoating,” and other “divisive concepts” in their workplace

Twenty-four Arent Fox LLP practices have been recognized in the 2021 “Best Law Firms” rankings that are published annually by US News & World Report and Best Lawyers.

On November 3rd, the Department of Labor’s Wage and Hour Division published an opinion letter addressing whether the FLSA requires employers to pay non-exempt employees for time that they spend in voluntary training programs.

Schiff Hardin LLP has received 46 top-tier rankings in the 2021 edition of U.S. News – Best Lawyers® “Best Law Firms,” nationally recognizing the firm’s premier practices.

Election Day 2020 is days away. Early voting records have been shattered, with tens of millions of voters already casting their ballots by mail or in-person early voting. Despite these record early voting numbers, tens of millions more will still vote in person on November 3.

The National Urban League and the National Fair Housing Alliance have sued the Trump Administration, seeking to enjoin Executive Order 13950 as unconstitutional.

As travel increases despite ongoing pandemic concerns, hotel operators must address how to welcome back the increased workforce needed to care for more guests.

As we’ve reported, earlier this month the White House issued Executive Order 13950, which prohibits federal contractors, subcontractors, and grant recipients from inculcating “race or sex stereotyping,” “race or sex scapegoating,” and other “divisive concepts” in their workplace trainings. 

Trade and professional organizations continue to take issue with Executive Order 13950, Executive Order on Combating Race and Stereotyping.

Under a new presidential executive order, employers may not provide any employee training that teaches employees “cannot and should not attempt to treat others without respect to race or sex” if the employer is a federal contractor.

Under Title VII, if the EEOC determines that reasonable cause exists to believe that an employer has violated the law, it must attempt to resolve the matter through conciliation.

The OFCCP has issued guidance regarding Executive Order 13950.

Government contractors may wish to seek further legal review of all diversity and inclusion training materials used.