Employment Law Letter

When union employees hit the road in California, CBAs may be tossed aside

California Industrial Welfare Commission (IWC) Wage Order No. 16-2001 prohibits union employees from waiving the right to compensation for employer-mandated travel time as part of a collective bargaining agreement (CBA)...

Jul 05, 2020 · Employment Law Letter · California

Forklift accident spurs wrongful death suit question

In a recent case, the family of an independent contractor’s employee sued the contractor’s hirer, alleging its negligence was a substantial factor in the employee’s death. Under California law, employees of independent...

Jul 05, 2020 · Employment Law Letter · California

CA Supreme Court clarifies application of state wage and hour laws to flight attendants

The California Supreme Court recently tackled the issue of whether California laws regarding itemized wage statements and the timing of wage payments apply when the employer is out of state and the employee works in...

Jul 05, 2020 · Employment Law Letter · California

New York Forward leaves plenty of unanswered questions

In response to the COVID-19 outbreak, New York Governor Andrew Cuomo issued a series of executive orders, beginning in mid-March 2020, to shutter nonessential businesses and restrict in-person work at those companies and...

Jun 30, 2020 · Employment Law Letter · New York

You've been WARNed, but are you covered?

Undoubtedly, the Worker Adjustment and Retraining Notification Act (WARN Act) has popped up on your radar during these times of economic uncertainty arising out of the COVID-19 pandemic. Any number of articles, posts...

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Q - A: Determining the validity of a wage garnishment notice

Q We received a wage garnishment notice for an employee who has been laid off temporarily, but the documents don't look legitimate. What do we look for to confirm if this is a legitimate wage garnishment we need to...

Title VII prohibits LGBTQ discrimination, Supreme Court rules

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against employees because of race, color, national origin, religion, and sex. On June 15, 2020, the U.S. Supreme Court issued its long-awaited...

One-year-of-employment rule doesn't apply to pregnancy, MN court says

When legislators add new provisions to existing laws, it's often difficult to determine how the new language interacts with the preexisting statutory scheme. Case in point: The existing rule requiring workers to be...

How employee's refusal to return to work affects jobless benefits

Although Minnesota continues to reopen, some employees remain steadfast in their desire not to return to work. Some may refuse because the working conditions are unsafe or they generally fear catching COVID-19 during the...

OSHA issues revised guidance for recording COVID-19 cases

The Occupational Health and Safety Administration (OSHA) recently issued revised enforcement guidance for recording COVID-19 cases, effectively rescinding the previous guidance memorandum of April 10, 2020. What's...

COVID-19 fears may give rise to growing efforts to unionize

Over the past 20 years, union membership has declined significantly, and the numbers have continued to fall despite efforts to recruit new members. Mounting employee health and safety concerns over the coronavirus...

With coronavirus lawsuits on the horizon, best practices are crucial

As the COVID-19 pandemic spread throughout the country, many employers responded to the unprecedented and uncertain situation by furloughing and laying off some or all of their workers. The actions already have spurred...

Michigan permits construction, real estate, and other industries to resume work

On Friday, May 1, Michigan Governor Gretchen Whitmer issued Executive Order (EO) 2020-70, replacing EO 2020-59 and permitting some industries to return to work in phases. Phase One Subject to social distancing...

COVID-19's impact on summer trips: what you should know about vacation requests

With summer in sight, Michigan employers can expect to receive an uptick in vacation requests. When employees try to return from their travels, however, a patchwork of coronavirus-related administrative guidance and...

Q - A: No need to offer COBRA when employee fired for gross misconduct

Q We fired an employee because of theft, and he is currently incarcerated. Do we have to offer COBRA due to these circumstances? You are not required to offer COBRA coverage to a former employee, including his covered...

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Employment Law Letter

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