#WorkforceWednesday: Justice Ruth Bader Ginsburg Leaves Behind a LegacyEmployment Law This Week® - Episode 179 September 23, 2020
Welcome to #WorkforceWednesday. Like many of you, this week, we are honoring Justice Ruth Bader Ginsburg and reflecting on her employment law legacy:
Justice Ruth Bader Ginsburg Passes Away
Last Friday, U.S. Supreme Court Justice Ruth Bader Ginsburg passed away at age 87. Justice Ginsburg was greatly respected and admired throughout her 27 years on the Court, but she is perhaps best known as a tireless advocate for gender equality, work that began decades before she joined the bench.
Ruth Bader Ginsburg's Impact Pre-SCOTUS
Ginsburg’s arguments as a lawyer before the Supreme Court established precedent on sex discrimination that she strengthened as a justice. In 1996, she wrote the majority opinion in U.S. v. Virginia, which held that Virginia Military Institute's male-only admissions policy violated the Equal Protection Clause of the Fourteenth Amendment.
Justice Ginsburg's Supreme Court Dissents
On the Supreme Court, Justice Ginsburg was perhaps best known for her bold dissents, which she saw as “writing not for today, but for tomorrow.” She proved this point in the 2007 case Ledbetter v. Goodyear Tire & Rubber Co. Justice Ginsburg’s strongly worded dissent in that case helped persuade Congress to pass the Lilly Ledbetter Fair Pay Act, which loosened the statute of limitations for pay discrimination claims.
Paid Leave Updates for Multinational or Multistate Employers
- Australian employers received guidance from the High Court regarding how to count the entitlement to “10 days” of personal leave per year of employment.
- To fill gaps left open by the federal Families First Coronavirus Response Act (FFCRA), California mandated supplemental paid sick leave for employees of companies with 500 or more employees.
- In response to a court decision last month, the U.S. Department of Labor issued “revisions and clarifications” to its temporary rule interpreting the paid sick and expanded family and medical leave benefits available to employees under the FFCRA.
- On January 1, 2021, the amount of employee contributions, the number of weeks of leave and benefits, and the amount of weekly benefits granted under the New York Paid Family program are scheduled to increase.
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 six:
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