The Weekly Guide to Employment Law Developments

The Rocky Mountain Employer

Labor & Employment Law Updates

Eleventh Circuit Upholds Summary Judgment for Employer on Sex Discrimination Claims Regarding Severance Payments Print Friendly and PDF
First Mandatory Vaccination Lawsuits Filed Against Employers

Employees in New Mexico and California have sued their employers seeking injunctive relief and potential damages due to vaccine mandates instituted in the workplaces.

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California Federal Court: Wife Cannot Hold Husband’s Employer Responsible for Her COVID-19 Infection

A judge in the Northern District of California dismissed a lawsuit brought by a wife against her husband’s employer after she alleged her husband transmitted COVID-19 to her.

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Trump-Era Independent Contractor Rule Withdrawn

On May 5, 2021, the U.S. Department of Labor issued a Final Rule withdrawing the DOL’s January 7, 2021 Final Rule regarding the classification of independent contractors under the Fair Labor Standards Act.

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New Illinois Legislation Addresses Equal Pay, Requires Certification by Employers

On March 23, 2021, Governor J.B. Pritzker signed an amendment to the Illinois Equal Pay Act of 2003, requiring that by March 23, 2024, employers with more than 100 employees in Illinois certify compliance with the EPA by obtaining an Equal Pay registration certificate from Illinois’s Department of Labor.

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DOL Revives Double Damages Awards for Wage Violations

The U.S. Department of Labor’s Wage and Hour Division has given investigators greater discretion in when to seek liquidated damages – double the amount of back pay an employer owes - in pre-litigation settlements for employers’ violations of the overtime or minimum wage provisions of the federal Fair Labor Standards Act.

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Pennsylvania and State Police Seek to Settle Sex Discrimination Lawsuit

On April 13, 2021, the United States and the State of Pennsylvania and the Pennsylvania State Police filed a joint motion to settle a 2014 sex discrimination lawsuit filed by the U.S. Department of Justice.

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California Enacts COVID-19 Supplemental Paid Sick Leave Law

On March 19, 2021, California Governor Gavin Newsom signed SB 95 into law, which provides for up to 80 hours of supplemental paid sick leave for reasons related to COVID-19.

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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.

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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

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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.

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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.

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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.

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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).

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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

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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.”

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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”).

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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.

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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.

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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”).

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