In the wake of coronavirus and the Families First Coronavirus Response Act, California cities are taking their own measures. San Francisco launched the Workers and Families First Program to reimburse employers for providing extra sick leave beyond their existing policies. The City Council of Los Angeles approved a supplemental paid sick leave ordinance, which the mayor is expected to sign. And Emeryville issued guidance on the permissible coronavirus-related uses for sick leave under its local paid sick leave ordinance. READ MORE
Will the English courts take a flexible approach to litigation time limits during the COVID-19 outbreak?
On 23 March 2020, the UK Supreme Court (UKSC) published the following update concerning time limits and extensions of time during the COVID-19 outbreak: READ MORE
OFCCP Loosens Requirements for Employers Engaged in COVID-19 Response Efforts
OFCCP announced Wednesday that it will grant a limited, three-month exemption and waiver from some of its regular requirements for federal contractors responding to COVID-19. The exemption and waiver applies to new construction or supply and service contracts that are entered into from March 17, 2020 through June 17, 2020 specifically for the purpose of providing coronavirus relief. Director Craig Leen authorized such contracts to be exempted from: READ MORE
Hut-Hut-Hike: The Second Circuit Tackles Hostile Work Environment Claims Under the ADA
In a case of first impression, the Second Circuit has held that hostile work environment claims are cognizable under the American with Disabilities Act (ADA). In Fox v. Costco Wholesale Corporation, No.17‐0936‐CV (2d Cir. Mar. 6, 2019), the Second Circuit joined the Fourth, Fifth, Eighth, and Tenth Circuits to recognize this cause of action under the ADA. The court also provided useful guidance on when teasing may or may not suffice to establish a hostile work environment. READ MORE
The Challenges Ahead for GIG Economy Platforms in Europe Increase as the Labor Courts’ Scrutiny Intensifies
Further to the reclassification of the service agreement between an independent deliveryman and Deliveroo, ordered by a Spanish lower Court, French jurisdictions recently shifted position, considering that several independent workers should be deemed employees of the platform that they were working for. READ MORE
Wait a Minute…California Supreme Court Says Employers Must Pay for De Minimis Off-the-Clock Work
On July 26, 2018, the California Supreme Court found that employers must compensate workers for the time they spend on certain menial tasks after clocking out of their shifts. In a unanimous decision, the Court held that California wage law did not bar a putative class action brought by a former Starbucks employee who routinely spent several minutes on trivial close-out tasks after his shift. READ MORE
Texas Two-Step: Overtime Ruling Does Not Completely End the Obama Rule Dance
On August 31, 2017, Judge Amos Mazzant of the United States District Court for the Eastern District of Texas, issued an order invalidating the Obama-era overtime rules. Finding that the Department of Labor rule exceeded its statutory authority under the Fair Labor Standards Act, the district court appeared to end the saga that had employers furiously determining whether they were going to adjust the pay of a wide swath of their workforces last Fall. However, the decision does not close the books on whether changes to the FLSA white collar exemptions are on the horizon. READ MORE
Part II: Will the GOP’s AHCA Repeal and Replace the ACA?
We promised to keep you up to date on the GOP majority’s promise to repeal and replace the Affordable Care Act (the “ACA”). After reaching agreement on several amendments to the original House bill (described in our previous alert), the House of Representatives passed the American Health Care Act, (the “AHCA”) a budget reconciliation bill to repeal and replace the ACA. The first draft of the AHCA, released by House Republicans on March 6th was withdrawn by Speaker Ryan on March 24th due to opposition from the Freedom Caucus, among others. Several significant changes were made to the original bill and it was passed by a narrow margin on May 4th; 217-213. READ MORE
Salary History Becomes a Thing of the Past in New York City
On April 5, 2017, the New York City Council passed an amendment to the New York City Human Rights Law prohibiting employers or their agents from inquiring about the salary history of an applicant. The law also restricts an employer’s ability to rely upon that salary history in determining the salary, benefits or other compensation during the hiring process “including the negotiation of a contract.” The term “salary history” is defined to include current or prior wages, benefits or other compensation, but does not include “objective measures of the applicant’s productivity such as revenue, sales or other production reports.”
There are several notable exceptions to the law. READ MORE
Using Temp Agencies in Germany: New Restrictions for Companies
On June 1, 2016, the draft law regarding the reform of the German Act on the Supply of Temporary Employees (Arbeitnehmerüberlassungsgesetz – AÜG) has been adopted by the Federal Cabinet. The German Bundestag will address the draft law after the summer break. However, material changes to the draft are not expected to be made during the parliamentary process. If the time schedule will be observed, the reform will come into force as planned on January 1, 2017.
The new law will bring material changes for both, employment agencies and their customers, the host businesses.