#WorkforceWednesday: Judge Barrett’s Employment Law Record, Arbitrator to Rule on Postmates’ Challenge, Responding to Frivolous Lawsuits

Employment Law This Week® - Episode 181


It’s #WorkforceWednesday! This week, we look at Judge Amy Coney Barrett’s employment law record and other hot employment litigation issues.

Judge Barrett’s Employment Law Record (Video)

While some might expect U.S. Supreme Court nominee Amy Coney Barrett to be a pro-employer judge, her record on labor and employment decisions could tell a different story. Attorney David Garland discusses Judge Barrett’s record and what it could mean for employers should she be confirmed to the High Court. Read more about Judge Barrett’s record (subscription required).

Arbitrator to Rule on Postmates’ Challenge

The U.S. Court of Appeals for the Ninth Circuit affirmed a decision ordering Postmates to conduct more than 5,000 individual arbitrations and did not address Postmates’ argument that the thousands of generic arbitration demands amounted to de facto classwide proceedings. That issue will now be decided in arbitration. Click for more.

Responding to Frivolous Lawsuits

It is never comfortable to be the target of a lawsuit, and facing frivolous and false allegations is even more frustrating. Many employment lawsuits have the potential to hurt your reputation and cause people to think twice about doing business with you or your company. Two Epstein Becker Green litigators dive into the options defendants have to counter false allegations.

Other Highlights

New Leave Requirements for NYC Employers

New York City amended its Earned Safe and Sick Time Act to align with new state-level sick leave requirements. Of note in NYC’s amendments is (i) a new notice requirement that employers must comply with by October 30, 2020, and (ii) a requirement, effective September 30, 2020, that New York City-based employers include information about accrued and used safe and sick time on employees’ pay stubs.

Rules of the Road: Return to Work in the Time of COVID-19

Returning to the physical workplace safely and in a compliant manner is essential to minimize the spread of COVID-19. Use the 10 “Rules of the Road” to help guide your organizations and employees through this transition. This week, we’re featuring rule seven:

Rule #7: Be Prepared to Improvise

What We’re Reading

“Lessons on Force Majeure Application from Past Crises,” a recent Law360 article by attorneys Robert Travisano and Robert Lufrano.

Virtual Annual Workforce Management Briefing

This week, we kicked off our 39th Annual Workforce Management Briefing. While this year’s virtual event is different from years past, our mission remains the same. We look forward to meeting professionals from multiple industries and discussing the very latest thinking on labor and employment law issues in our series of webinars throughout October.

Stay Up to Date

Our Coronavirus Resource Center is updated daily and has the return-to-work resources you need.

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