Labor & Employment Law Updates
According to the New York Times’ Coronavirus Tracker, five COVID-19 vaccines are already approved for early or limited used. As vaccines become approved for full use through further clinical trials, employers may contemplate whether they can make vaccines a mandatory condition of employment.
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A New York federal court invalidated substantial portions of the U.S. Department of Labor’s (DOL) Rule issued earlier this year narrowing the definition of “joint employer” under the Fair Labor Standards Act (FLSA).
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On August 31, 2020, the Department of Labor’s Wage and Hour Division (“WHD”) issued an opinion letter (the “Opinion Letter”) regarding the workweek fluctuation method. The Opinion Letter clarifies that employees’ hours do not need to fluctuate below 40 hours per week to qualify for the fluctuating workweek calculation method.
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This week, the U.S. Department of Labor issued guidance regarding employers’ obligations under the Fair Labor Standards Act (“FLSA”) to track the number of hours of compensable work performed by employees, including work performed remotely or away from their employers’ worksite.
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On August 19, 2020, the Ninth Circuit Court of Appeals ruled that Amazon delivery drivers are transportation workers engaged in interstate commerce and thus exempt from the Federal Arbitration Act (“FAA”), even if they only make deliveries in one state.
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On August 3, 2020, the United States District Court for the Southern District of New York held that the Department of Labor’s (DOL) regulations in its Final Rule contravened the leave provisions established by Congress in the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”)FN4, collectively referred to as the Families First Coronavirus Response Act (“FFCRA”).
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On July 21, 2020, the National Labor Relations Board (NLRB) issued a decision clarifying that employers can discipline employees for engaging in deeply offensive and abusive conduct, including racially inappropriate language or language of a sexual nature, that occurs while engaging in protected, concerted activity under the National Labor Relations Act (NLRA).
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On July 11, 2020, Colorado enacted the Public Health Emergency Whistleblower Law (“PHEW”), which was effective immediately. PHEW is intended to protect employees and independent contractors from discrimination and retaliation for raising safety and health concerns related to a public health emergency.
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This week, Colorado Governor Jared Polis signed Senate Bill 20-205, known as the Healthy Families and Workplaces Act (“HFWA”), into law, providing Colorado workers with up to six paid sick days per year. Starting January 1, 2021, employers in Colorado
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In a 7-2 decision, the U.S. Supreme Court ruled that the ministerial exception — a legal doctrine that shields religious employers from anti-discrimination laws — applied to two discrimination suits brought by California parochial elementary school teachers against their employers.
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On June 24, 2020, the Department of Labor (the “DOL”) issued a Field Assistance Bulletin providing that effective July 1, 2020, the DOL will no longer pursue pre-litigation liquidated damages in all cases in its administratively resolved investigations.
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This week, Colorado Governor Jared Polis signed two bills into law providing financial relief to Colorado small businesses. House Bill 20-1413 establishes a $250 million small business loan program for Colorado’s small businesses over the next two years
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Following in the footsteps of several states, including Colorado, that have protections for employees from workplace discrimination based on sexual orientation and gender identity, the U.S. Supreme Court ruled this week that federal law Title VII of the Civil Rights Act of 1964 (“Title VII”) protects LGBTQ employees from employer discrimination.
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On May 25, 2020, the Colorado Department of Labor and Employment (“CDLE”) issued the final Colorado Overtime and Minimum Pay Standards Order (“COMPS Order”) #36.
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Colorado Senate Bill 216 proposes the creation of a rebuttable presumption for purposes of qualifying for workers’ compensation benefit coverage for essential workers who are diagnosed with COVID-19.
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On Thursday, the U.S House of Representatives passed a bill giving business owners more flexibility in how they use loans received through the CARES Act’s Paycheck Protection Program (“PPP”).
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On May 19, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued a final rule that withdrew the “partial list of establishments” it previously viewed as having “no retail concept,” which disqualified the employees of certain commissioned retail and service establishment from the Fair Labor Standard Act’s (“FLSA”) overtime exemption.
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The U.S. Center for Disease Control (“CDC”) updated its guidance for businesses and employers to plan, prepare and respond to Coronavirus Disease 2019 (“COVID-19”), which supplements its earlier guidance published in March 2020.
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As employers across the country begin the process of reopening their businesses, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance for employers relating to providing reasonable accommodations as required under the Americans with Disabilities Act (“ADA”) while dealing with the COVID-19 pandemic.
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