EEOC Modifies Conciliation Process to Encourage Pre-Lawsuit Resolutions

The Equal Employment Opportunity Commission (“EEOC”) released a proposed rule with modifications to its pre-lawsuit “conciliation” process, intended to encourage resolving employment discrimination actions with employers before the EEOC files them in court.

Alison Lungstrum MacneillCampbell Litigation, P.C.October 9, 2020EEOC, Discrimination, Title VIIComment

EEOC’s Updated COVID-19 Guidance on Testing and Privacy Issues

On September 8, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance regarding COVID-19 and how it interacts with the Americans with Disability Act (“ADA”) and related EEO laws. The EEOC’s guidance focused on three major categories:

The U.S. Department of Labor Proposes a New Economic Reality Test to Determine When Workers Classify As Independent Contractors or Employees

The Wage and Hour Division of the U.S. Department of Labor (“DOL”) proposed a new rule, amending the Fair Labor Standards Act (“FLSA”) to make it easier to determine whether workers are independent contractors or employees and covered under federal minimum wage and overtime laws.

Can an employer require employees to take a COVID-19 vaccine, if and when the vaccine becomes available in the United States?

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.

Kyriaki Kiki CouncilCampbell Litigation, P.C.September 17, 2020Title VII, COVID-19, Coronavirus, COVID-19 Vaccine Series, OSHA, EEOC, VaccineComment

DOL’s Narrowed Joint Employer Rule Struck Down by Federal Court

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).

Department of Labor’s Clarifies Weekly Hourly Requirements and Salary Deductions For Fluctuating Workweek Calculation in a New Opinion Letter

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.

U.S. Labor Department Issues Guidance to Remind Employers of Obligation to Track Hours Worked Remotely

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.

Johnathan KoonceCampbell Litigation, P.C.August 27, 2020FLSA, Overtime, COVID-19, Telework, Remote Work, Wage and HourComment

Ninth Circuit Finds Amazon Delivery Drivers Exempt from Arbitration

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.

Department of Labor’s COVID-19 Leave Regulations Struck Down by New York Court

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”).

Updates to Loan Forgiveness Under the Paycheck Protection Program

Campbell Litigation, P.C.August 6, 2020Comment

NLRB: Employers Can Discipline Employees for Offensive Behavior During Protected, Concerted Activity

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).

Alison Lungstrum MacneillCampbell Litigation, P.C.July 30, 2020NLRB, NLRA, Employment LawComment

Colorado Enacts the Public Health Emergency Whistleblower Law

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.

Colorado Passes Healthy Families and Workplaces Act to Provide Workers with at Least Six Days of Paid Sick Leave Per Year

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

Johnathan KoonceCampbell Litigation, P.C.July 16, 2020Paid Leave, Paid Sick Leave, Colorado LegislationComment

U.S. Supreme Court Broadens Application of Ministerial Exception for Employees of Faith-Based Institutions

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.

Department of Labor Will Generally Forgo Assessing Pre-Litigation Liquidated Damages

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.

Aaron ChaetCampbell Litigation, P.C.July 2, 2020DOL, Department of Labor, Minimum Wage, FLSA, Liquidated DamagesComment

Colorado Passes Two New Programs Providing Loans and Grants to Small Businesses Recovering from the Impacts of the COVID-19 Pandemic

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

U.S. Supreme Court: Title VII Bans Discrimination Based on Sexual Orientation and Gender Identity

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.

Colorado Rejects Codifying a Joint Employer Definition

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.

New Colorado Bill Proposes Presumptive Workers’ Compensation Coverage For Essential Workers Who Contract Novel Coronavirus

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.

Campbell Litigation, P.C.June 4, 2020COVID-19, Workers Compensation, Colorado Legislation, CoronavirusComment

U.S. House of Representatives Passes Bill Changing Key Elements of the Paycheck Protection Program

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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