Employment Law Letter

DOL proposes new employer-friendly rule on independent contractors

The U.S. Department of Labor (DOL) is proposing a new regulation it says will simplify the determination of when a worker is an independent contractor instead of an employee. The rule, which is being fast-tracked with a...

Nov 30, 2020 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

Governor Whitmer signs bills to codify COVID-19-related Executive Orders

Governor Gretchen Whitmer signed several bills into law following the Michigan Supreme Court’s October 2 decision that invalidated all COVID-19-related Executive Orders (EOs) she issued after April 29, 2020. The bills...

Michigan court zaps gov’s COVID-19 orders, but continue to follow your safety plans

The Michigan Supreme Court recently stripped Governor Gretchen Whitmer of her powers to issue COVID-19 emergency orders, but employers should continue to following their coronavirus safety plans. How we got here On...

MI court lowers the bar on what constitutes adverse action for ELCRA retaliation claims

A Michigan Department of Transportation (MDOT) employee claimed the department retaliated against her by issuing her first-ever “needs improvement” evaluation, subjecting her to a performance improvement plan (PIP), and...

DOL eases path to use independent contractors, but MA employers should beware

Over the last decade, there have been countless cases in Massachusetts addressing individuals classified (or misclassified, as is often the argument) as independent contractors. In Massachusetts, misclassification of...

Baltimore City Council approves 2 bills protecting employee rights during pandemic

Under the guise of addressing COVID-19 concerns, the Baltimore City Council recently passed two bills that will make it more difficult for certain employers to do business in the city. One bill would require certain...

5th Circuit rejects discrimination, hostile work environment claims

A former employee failed to establish she was subjected to a hostile work environment and discriminated and retaliated against by her former employer, the U. S. Court of Appeals for the 5th Circuit (which covers Texas...

When and how you can require notice of FFCRA paid leave during pandemic

As COVID-19 continues to affect the workplace, the U.S. Department of Labor (DOL) is trying to provide guidance on how employers should implement the Families First Coronavirus Response Act (FFCRA). You may be wondering...

Nov 30, 2020 · Employment Law Letter · California · New York · Texas · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

Year's end means key COVID-19 relief measures expiring

Back in March, when a rapidly proliferating pandemic forced workers across the country out of their offices and into their homes, most thought the arrangement would be short-lived—a few weeks, maybe a month or so. As the...

Combating isolation just one more priority for employers during COVID era

Privacy is more than simply updating your website

Business owners and employers know they need to comply with privacy laws, but the scope of compliance has expanded. In the past, organizations created general privacy policies, posted them on their websites, and went...

Balancing safety and return to work: discrimination in age of COVID-19

Because of the COVID-19 pandemic, 42% of the U.S. workforce now works from home, and 33% of workers are unemployed. Many employers are eager to get their current employees back to the office and hire new ones, but they...

Nov 30, 2020 · Employment Law Letter · Texas

Trump order pulls back on race, sex stereotyping training

President Donald Trump recently signed an Executive Order (EO 13950) that seeks to "combat offensive and anti-American race and sex stereotyping and scapegoating" and end so-called "divisive concepts" covered in certain...

Nov 22, 2020 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

Trump NLRB poised to exterminate Scabby the Rat

The National Labor Relations Act (NLRA) has special provisions that limit the pressure tactics a union can use in trying to force an employer to recognize the union. One of the major limitations is a prohibition against...

Nov 22, 2020 · Employment Law Letter · California

Can Lyft make the drive to arbitration? 'Piqued' CA appeals court says no

Last issue, we reported on a scathing California Court of Appeal decision against Uber and Lyft approving a broad injunction that required them to treat their drivers as employees. The giant transportation companies were...

Nov 22, 2020 · Employment Law Letter · California

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Employment Law Letter

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