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Recent Blog Posts
- Video: OSHA ETS on Hold, Retaliation Claims Increase, “Vaccination Ambassadors” – Employment Law This Week As featured in #WorkforceWednesday: This week, employers continue waiting on OSHA’s COVID-19 emergency temporary standard as retaliation claims rise.
Video: YouTube, Vimeo.... More
- Alston v. Spiegel: A Reminder That Sanctions May Provide Employers with a Tool to Deter Frivolous Suits The Federal Rules of Civil Procedure are intended to promote the “just, speedy, and inexpensive determination” of lawsuits. For companies defending baseless employment claims, those words may feel like an empty promise. The First Circuit’s recent decision in Alston v. Spiegel sanctioning an attorney for filing frivolous discrimination and retaliation claims, however, reminds employers that there are strategies for deterring such claims
Facts
In late 2015, attorney Brooks Ames filed a complaint on behalf of Gerald Alston, a former firefighter for the... More
- The Eleventh Circuit Finally Breaks Its Silence on Website Accessibility – but Was Its Decision Worth the Wait? After keeping us waiting with baited breath for several years, the Eleventh Circuit finally broke its silence – issuing its long-anticipated ruling in Gil v. Winn-Dixie Stores, holding that websites are not covered as places of public accommodation under Title III of the Americans with Disabilities Act (“Title III” or “ADA”). In doing so, the Court reversed and vacated the district court’s decision finding that defendant, Winn-Dixie Stores, violated Title III by failing to maintain a website that is accessible... More
- Video & Podcast: Action Pending from Biden’s OFCCP and OSHA – Employment Law This Week As featured in #WorkforceWednesday: This week on our special podcast series, Employers and the New Administration, employers await action from two agencies: the Office of Federal Contract Compliance Programs and the Occupational Safety and Health Administration. Guest attorney Bob O’Hara discusses the regulatory actions employers should anticipate. Attorney David Garland leads the conversation.
Employers and the New Administration is a special podcast series from Employment Law This Week®, with analysis of the Biden administration’s first 100 days. Special podcast episodes air every other #WorkforceWednesday. Subscribe on... More
- Post-Employment Actions May Trigger Liability for Retaliation Under the False Claims Act Can an employer be held liable under the False Claims Act (“FCA”) for retaliation if it takes some adverse action against a former employee? Until recently, only one federal appellate court had addressed the issue, holding that the FCA does not cover post-employment retaliation.[1] However, on April 1, 2021, the Sixth Circuit reached the opposite conclusion in United States ex rel. Felten v. William Beaumont Hospital, creating a circuit split and different rules for employers in different jurisdictions.
Background
In 2010, David... More
- Video: DOL Electronic Notices Guidance, EEO-1 Reporting Delayed, CA COVID-19 Paid Sick Leave – Employment Law This Week As featured in #WorkforceWednesday: This week, some practical updates on posting requirements, reporting deadlines, and new COVID-19 leave in California.
Video: YouTube, Vimeo.... More
- ARPA Requires Tax-Free COBRA Subsidy As part of the American Rescue Plan Act of 2021 (“ARPA”), signed into law on March 11, 2021, employers will be required to provide, on a tax-free basis, a subsidy to employees and their qualified beneficiaries to pay 100% of the COBRA continuation premium for group health plan coverage. This subsidy applies only to “assistance eligible individuals,” who are eligible for COBRA as a result of an involuntary termination of employment or a reduction in hours and who are, or could... More
- Changing Floors: Minimum Wage Increases for Health Leaders to Consider Our colleagues Denise Dadika and Vidaur Durazo of Epstein Becker Green have a new post on the Health Employment and Labor blog that will be of interest to our readers: “Changing Floors: Minimum Wage Increases for Health Leaders to Consider”.
The following is an excerpt:
2021 is set to be a landmark year for the number of jurisdictions raising wage floors across the country. According to a National Employment Law Project report, as of January 1, 2021, 20 states and 32 municipalities raised their minimum... More
- Connecticut Bans Discrimination Based on Natural Hair On March 4, 2021, Connecticut Governor Ned Lamont signed House Bill 6515, an “Act Creating a Respectful and Open World for Natural Hair,” also known as the CROWN Act (the “Act”). This legislation bans natural hair discrimination in the workplace by amending Connecticut’s anti-discrimination statute to define “race” as being “inclusive of ethnic traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.” (Conn. Gen. Stat. 46a-51(23)-(24)). “Protective hairstyles” is defined to include, but not... More
- New York Issues FAQs on Paid Vaccination Leave Law As we recently reported, as of March 12, 2021, all private employers in New York must provide their employees with up to four hours of paid leave to get each COVID-19 vaccination shot. The State has now released guidance on the new law (“Law”) in the form of Frequently Asked Questions (“FAQs”). Most importantly, the FAQs clarify that the Law does not create any retroactive benefit rights to paid vaccination leave. Accordingly, while an employer is free to apply the... More
