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  1. Services
  2. Labor, Employment & OSHA

Insights on Labor, Employment & OSHA

904 total results. Page 18 of 37.

Alerts
Burlington Coat Left Out in the Cold After Massive FLSA Settlement
August 4, 2020
Anthony V. Lupo, Michael L. Stevens, Jeffrey B. Weston

After nearly nine years of litigation, Burlington Coat Factory agreed to pay $19.6 million to end a collective action and a putative class action alleging claims for misclassification and unpaid overtime wages.

Alerts
Pandemic Liability Shield the Epicenter of Congressional Relief Negotiation
August 4, 2020
Philip S. English*, Henry Morris, Jr.

Amid stalling talks between Congressional leaders over the content of new Coronavirus relief and economic stimulus legislation, the issue of providing for temporary restrictions on pandemic related lawsuits has emerged as an intractable dispute separating Democrats and Republicans.

Alerts
Massachusetts Quarantine Order Poses Challenges for Employers
August 3, 2020

As businesses in Massachusetts and elsewhere continue to carefully re-open it will be necessary to pay close attention to guidance from the CDC and state authorities.

Alerts
Rob Carrol Named Top California Labor Lawyer by the Daily Journal
July 30, 2020
Robert K. Carrol

The Daily Journal has recognized Arent Fox Partner Rob Carrol as a Top Labor Lawyer in California.

Alerts
New Jersey District Court Certifies Class of Truck Drivers in Misclassification Claim
July 28, 2020
Lynn R. Fiorentino, Nicholas J. Nesgos, Lauren C. Schaefer

In an opinion issued on July 9, 2020, the District Court of New Jersey granted class certification for a group of delivery drivers who allege they were incorrectly classified independent contractors.

Alerts
Virginia Adopts First COVID-19 Workplace Safety Standard: Requirements for Hazards or Job Tasks Classified as “Very High” or “High” Exposure Risk
July 27, 2020
Henry Morris, Jr., Michael L. Stevens, Alexandra M. Romero

This is our fourth Alert that addresses Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.

Alerts
Virginia Adopts First COVID-19 Workplace Safety Standard: Mandatory Employee Training
July 24, 2020
Henry Morris, Jr., Michael L. Stevens, Alexandra M. Romero

This is our third Alert that addresses Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard. 

Alerts
Virginia COVID-19 Workplace Safety Standard: Infectious Disease Preparedness and Response Plans
July 23, 2020
Henry Morris, Jr., Michael L. Stevens, Alexandra M. Romero

In our previous Alert, we summarized general employer mandates contained in Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.

Alerts
Reopening and Readjusting: What Businesses Should Be Thinking About
July 21, 2020
Jeffrey D. Skinner

Business closures have been immensely difficult for companies of all sizes during the COVID-19 pandemic. But reopening is proving difficult, too, especially given the ever-changing nature of the pandemic.

Alerts
Virginia Adopts First COVID-19 Workplace Safety Standard
July 21, 2020
Henry Morris, Jr., Michael L. Stevens, Alexandra M. Romero

Last week, Virginia Governor Ralph Northam announced the nation’s first statewide COVID-19 workplace safety standard.

Alerts
DOL Issues Additional Pandemic Guidance Under the FLSA, FMLA, and FFCRA
July 20, 2020
Michael L. Stevens

Earlier today, the US Department of Labor published helpful additional guidance for employees and employers in the following links on how the provisions of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response Act (FFCRA) affect the

Alerts
DHS Rescinds Announcement, Allows Foreign Students to Study Online in the US
July 15, 2020
Berin S. Romagnolo

In a rare reversal, the Department of Homeland Security (DHS) rescinded its July 6, 2020 announcement that barred foreign students from staying in the US if they only took online courses.

Alerts
Stay Home, Chicago: Emergency Order Requires Travelers from High-Risk States to Quarantine
July 13, 2020
Trevor M. Jorgensen

Effective July 6, travelers coming into the City of Chicago from 15 designated high-risk states have been asked to quarantine for 14 days or risk incurring fines.

Alerts
Higher Ed Should Consider the Potential Loss of Foreign Students In Determining Their Fall Semester Plans
July 8, 2020
Berin S. Romagnolo, Nancy A. Noonan

Student and Exchange Visitor Program (SEVP), which is part of the Department of Homeland Security, just published a new rule stating, in general, that F-1 and M-1 foreign students cannot remain in or enter the US if they are enrolled in entirely online classes in the fall semester. 

Alerts
Are You Ready for the New DC Paid Family Leave Law?
June 29, 2020
Michael L. Stevens

As reported here previously, the District of Columbia Council passed the Universal Paid Leave Amendment Act of 2016, which was signed into law on February 17, 2017.

Alerts
Wage and Hour Division Ends Practice of Seeking Liquidated Damages in Pre-Litigation Settlements
June 26, 2020
Henry Morris, Jr.

The US Department of Labor’s Wage and Hour Division announced a policy change that is sure to please employers facing administrative FLSA back wages claims. Effective on July 1, 2020, the Division will cease to routinely pursue liquidated damages when settling those claims pre-litigation.

Alerts
Litigating Spoliation Claims in Trade Secret Cases
June 25, 2020
Linda M. Jackson, Nadia Patel

A ‘How-To’ Guide for Obtaining Remedies for Intentional, Bad Faith Conduct

Alerts
NLRB Reverses Precedent, Rules Employers Can Discipline Employees Before Bargaining With New Union
June 24, 2020
Michael L. Stevens

Yesterday, the National Labor Relations Board reversed course and held that employers may discipline employees represented by a newly elected union before a collective bargaining agreement is negotiated, and without having to give the union notice and an opportunity to bargain over the discipline.

Alerts
California Employers Must Promptly Seek Arbitration of Labor Commissioner Claims in Court
June 19, 2020

When California employers have arbitration agreements with employees, those agreements may encompass a dispute concerning wages. If an employee sues for wages, the employer can petition the court to compel arbitration based on the agreement. 

Alerts
EEOC Rejects COVID-19 Antibody Tests
June 18, 2020
Henry Morris, Jr., Michael L. Stevens

Yesterday, the EEOC answered a question that has perplexed employers for weeks: Under the ADA, may employers require antibody testing before they permit employees to re-enter the workplace?

Press Release
43 Arent Fox Attorneys Recognized Among Nation’s Best by Legal 500 in 2020
June 17, 2020

The 2020 edition of Legal 500 US has rated 43 Arent Fox LLP attorneys as national leaders in their field. In addition, 14 of the firm’s practice areas were ranked among the best in the country.

Alerts
Supreme Court: Title VII Prohibits Discrimination Based on Sexual Orientation, Transgender Status
June 15, 2020
Trevor M. Jorgensen, Julie Furer Stahr

Earlier today, the U.S. Supreme Court held that discrimination based on sexual orientation or transgender status is sex discrimination in violation of Title VII of the Civil Rights Act of 1964.

Alerts
Supreme Court Ruling Protects LGBTQ Employees Against Workplace Discrimination
June 15, 2020
Robert K. Carrol, Michael L. Stevens

In a landmark ruling issued during Pride month, the United States Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibiting gender discrimination in employment, bars employers from discriminating against employees based on their sexual orientation or transgender status.

Alerts
EEOC Updates COVID-19 Technical Assistance Guidance
June 12, 2020
Henry Morris, Jr., Michael L. Stevens

With the economy reopening, on June 11, 2020, the EEOC updated its COVID-19 Technical Assistance Publication — What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws — to identify concerns that employers may face as they plan for employees to return to the workpl

United States Capitol Building
Alerts
50-State Status Update: Essential Businesses and Permitted Activities Amid Stay At Home Orders
June 8, 2020
Michael L. Stevens, Henry Morris, Jr.

Many states and localities have issued stay-at-home orders, and have closed on-site business operations to all but essential businesses and their employees. To enable employers to navigate those restrictions, we provide below a brief description of each state’s and the District of Columbia’s stay-at

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