Seventh Circuit: Cargo Loading is Interstate Commerce, Exempt from Arbitration under FAA

The Seventh Circuit Court of Appeals recently held that a ramp supervisor’s cargo loading duties qualified as engaging in commerce under the Federal Arbitration Act (“FAA”), exempting her from Arbitration under the FAA.

California Employees Seeking Pay for Time Spent Taking Temperatures

On March 15, 2021, California employees of The Merchant of Tennis, Inc. filed a class action lawsuit for various wage claims including failure to compensate non-exempt employees for undergoing COVID-19 temperature checks at the beginning of each work day

Aaron ChaetCampbell Litigation, P.C.March 25, 2021class action, Wage and Hour, Wage Claims, Waiting TimeComment

U.S. House Passes Equality Act Expanding Federal Protections to LGBTQ Employees

The Unites States House of Representatives recently passed the Equality Act, which expands employment protections to LGBTQ employees under Title VII of the Civil Rights Act.

Department of Labor Recommends that OSHA Issue Mandatory COVID-19 Safety Rules

On February 25, 2021, the Labor Department’s Office of Inspector General (“DOL”) released an audit report (“Audit Report”) with a recommendation that the Occupational Safety and Health Administration (“OSHA”) issue mandatory COVID-19 safety rules for employers.

CDC Relaxes Quarantine Requirements for Fully Vaccinated People

Last week, the Centers for Disease Control and Prevention (CDC) substantially relaxed its previously recommended quarantine requirements for anyone who has received full vaccination.

Kyriaki Kiki CouncilCampbell Litigation, P.C.February 25, 2021COVID-19 Vaccine Series, CDC, Vaccine, Employer, COVID-19Comment

Court Holds Whole Foods’ Decision to Ban BLM Masks is Not Unlawful

A Federal Court in Massachusetts recently held that disciplining employees who wear Black Lives Matter (BLM) face masks to work does not violate Title VII of the Civil Rights Act of 1964 (Title VII).

NLRB Rules that Mail-In Election is Appropriate Because of Local COVID-19 Positivity Rate

On February 5, 2021, the National Labor Relations Board (“NLRB”) ruled that the representation election for the proposed bargaining unit employees of Detrex Corporation (the “Employer”) would be conducted via mail-in vote.FN1 The decision was made over the objection of the Employer, who demanded a manual election

Aaron ChaetCampbell Litigation, P.C.February 11, 2021NLRB, Elections, Unions, COVID-19Comment

Occupational Safety and Health Administration Issues Revised Covid-19 Guidance

On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) published updated guidance titled “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.”

NLRB Guidance Finds Cannabis Growers Are Not Covered Under Labor Laws Due to Agricultural Worker Exemption

This week, counsel for the National Labor Relations Board (“NLRB”) issued guidance on whether employees of Agri-Kind, a marijuana enterprise in Pennsylvania, who work in its indoor grow rooms are entitled to protections under the National Labor Relations Act (“NLRA”).

Johnathan KoonceCampbell Litigation, P.C.January 28, 2021NLRB, NLRA, NLRB Guidance, Employment LawComment

Sixth Circuit Holds Employees Cannot Agree to Shortened Federal Anti-Discrimination Statutes Deadlines

The Sixth Circuit Court of Appeals held that deadlines to bring federal age and disability discrimination claims under the ADEA and ADA cannot be shortened by agreements between employers and employees.

Colorado’s Newly Amended Employment Security Act Expands Benefits for Individuals Affected by Domestic Violence

Effective January 1, 2021, Senate Bill 20-170, FN1 amended two key provisions to Colorado’s Employment Security Act (“ESA”): (1) expanding unemployment benefits for individuals who experience joblessness as a result of domestic violence;FN2 and (2) providing that severance may be deducted from an individual’s overall entitlement to unemployment compensation.

Campbell Litigation, P.C.January 14, 2021ESA, Colorado Employment Securities Act, legislation, UnemploymentComment

NLRB Upholds Employer’s Restrictive Social Media Policy

On January 4, 2021, the National Labor Relations Board (“the Board”) issued a 2-1 decision holding that an employer’s social media policy, which prohibited employees from engaging in certain communications, did not violate employees’ concerted activity rights afforded under the National Labor Relations Act (“NLRA”).

Aaron ChaetCampbell Litigation, P.C.January 7, 2021NLRB, NLRA, Social Media, Employment LawComment

Happy New Year from Campbell Litigation!

Campbell Litigation, P.C.December 31, 2020Comment

Happy Holidays

Campbell Litigation, P.C.December 24, 2020Comment

The EEOC Provides Guidance on the Administration of COVID-19 Vaccines

This week, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance regarding the COVID-19 vaccine and its implications on the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act (“Title VII”), the Genetic Information Nondiscrimination Act (“GINA”) and other equal employment laws.

A Supervisor’s “Reprehensible and Improper” Behavior Not Enough to Prove Hostile Work Environment Claim in Eighth Circuit

The Eight Circuit Court of Appeals’ high bar for Title VII hostile work environment claims remains after the United States Supreme Court declined to hear the case on December 7, 2020. The Eighth Circuit previously held in Paskert v. Kemna-ASA Auto Plaza, Inc, that a supervisor’s boorish behavior, “while certainly reprehensible and improper,” was not so severe or pervasive to alter the terms and conditions of employment necessary to sustain a Title VII hostile work environment claim.

Aaron ChaetCampbell Litigation, P.C.December 10, 2020Hostile Work Environment, Title VII, Eighth Circuit, Supreme CourtComment

Colorado Department of Labor and Employment Adopts Rules on the Notice Requirements in the HFWA and PHEW

The Colorado Department of Labor and Employment (the “Department”) recently adopted rules governing the notice requirements for two recently enacted public health laws.

Campbell Litigation, P.C.December 3, 2020 Comment

Colorado Department of Labor and Employment Adopts Final Rules Regarding Equal Pay Transparency Under the EPEWA

Last Tuesday, the Colorado Department of Labor and Employment (the “Department”) adopted final Rules regarding equal pay transparency under Colorado’s new Equal Pay for Equal Work Act (the “EPEWA” or the “Act,” SB 19-085), which will take effect on January 1, 2021.

EEOC to Publish Update to Religious Discrimination Compliance Manual

The U.S. Equal Employment Opportunity Commission (EEOC) voted on party linesFN1 to publish a proposed update to its Compliance Manual Section on Religious Discrimination (“Updated Manual”), which had not been updated since it was issued more than 12 years ago.

Alison Lungstrum MacneillCampbell Litigation, P.C.November 12, 2020EEOC, Religious Exemption, Title VIIComment

Colorado Passes the Paid Family and Medical Leave Insurance Program

On November 3, 2020, Colorado voters passed Proposition 118, which creates Paid Family and Medical Leave (“Paid FMLA”) obligations for all employers in the state. Employers must now provide 12 weeks paid leave for Colorado employees, plus an additional four weeks in case of medical complications.

The Rocky Mountain Employer