Insights on Labor, Employment & OSHA

In our last post, we discussed policy changes and new procedures that companies should consider as they reopen amid the COVID-19 pandemic, particularly given the increase in cases in many parts of the country.

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.

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.

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.

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

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.

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

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

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

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.

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

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

In a rare reversal, the Department of Homeland Security (DHS) rescinded its July 6, 2020 announcement that barred foreign students from staying in the US if they only took online courses.

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.

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. 

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.

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.

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

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.

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. 

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?

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.

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.

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.

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