Employment & Labor

September 27, 2021

There are many employment law bills currently sitting on Governor Newsom’s desk, but back in July the Governor signed Senate Bill 657 (SB 657) to make a small change assisting employers with remote workers. SB 657 allows that in any instance in which an employer is required to physically post information, an employer may also distribute that information to employees by email with the document or documents attached. While this does not remove an employer’s…

Employer Perspectives

Further Extension of Covid-19 Adjustment to Right to Work Checks

By James Perrott

September 27, 2021

In extremely welcome news, the Home Office has recently announced that the Covid-19 adjustment to the Right to Work (“RTW”) check process has been extended again. Surprisingly, it has now been extended to 5 April 2022. This is a move that is very much welcomed by employers, particularly in view of the new hybrid working model a number of employers are now implementing. The Home Office has stated that it has extended the concession following…

Employer Perspectives

Whistle-blower manipulation cases

By Christopher Fisher

September 27, 2021

In the latest episode of our employment podcast, we look at the recent EAT case of Kong v Gulf International Bank, where a whistleblower claimed that their dismissal was unfair because it had been manipulated by a manager who was not involved in the dismissal process. Listen to it here: https://www.mayerbrown.com/en/perspectives-events/podcasts/2021/09/whistleblower-manipulation–limiting-the-jhuti-principle…

Global Workplace Insider

UK Government Consultation on Flexible Working

By Amanda Sanders (UK)

September 27, 2021

On 23 September 2021, the UK Government launched a consultation on flexible working arrangements. The consultation considers reforms to the existing flexible working regulations and is seeking views on proposals to ensure that the framework supports flexible working in all its forms. The consultation considers five areas for review: Making the right to request flexible working a ‘day one’ right by removing the 26-week qualifying period. The suggestion is that including the right to request…

Who Is My Employee?

Nowhere to Run: New Case Serves as Reminder That FLSA Misclassification Settlements are Very Public

By Todd Lebowitz

September 27, 2021

https-whoismyemployee-files-wordpress-com-2021-09-dc300576-69f6-4662-a31e-b51f636148e8-jpegw768

I just got back from running in a 200-mile relay, Muskegon to Traverse City, with a group of college friends. I ran three legs of 4, 4, and 5 miles. I had the easiest set of three legs among the 12 runners, but I’m happy just to have finished. It was great to see everyone, and I was able to disconnect from work life for a few days. So, what I’m saying here is, I…

Ohio Employer Law Blog

Coronavirus Update 9-27-21: Repeat after me. “A vaccine mandate is not coercive.”

By Jon Hyman

September 27, 2021

https-1-bp-blogspot-com-yyuub76yhcc-yvgfqounfvi-aaaaaaaa3qw-h0cvdkkg_qmlhuy1oiawyjlx5biego_xqcncbgasyhq-s320-jackson-simmer-md73pphib-u-unsplash-jpg

Today’s post is for anyone who believes that a workplace vaccine mandate is coercive or deprives employees of their free choice not to get vaccinated. A federal court recently upheld an employer’s vaccine mandate for its employees. In and of itself that holding is not earth shattering or even particularly newsworthy. In fact, it’s consistent with virtually every other case in history to rule on a vaccine mandate at work. This case stands out to…

HR Law Watch

White House Issues Federal Contractor Vaccine Guidance

By David S. Fryman & Karli Lubin

September 25, 2021

On September 24, 2021, the White House issued Guidance explaining that Federal contractors and subcontractors with a covered contract or contract-like instrument must comply with the following workplace safety protocols: COVID-19 vaccination of covered contractor employees, except where an employee is legally entitled to an accommodation; Compliance with masking and physical distancing while in covered contractor workplaces; and Designation of a person or persons to coordinate COVID-19 workplace safety efforts at covered contractor workplaces. The…

Ogletree Deakins Insights

Tenth Circuit Upholds Employer’s Decision to Deny Telework Accommodation Request Under Rehabilitation Act

By Stacy M. Bunck

September 25, 2021

https-ogletree-com-app-uploads-insights-employment-law-employmentlaw_gettyimages-944503634-jpg

On September 15, 2021, the Tenth Circuit Court of Appeals upheld a district court’s grant of summary judgment in favor of an employer. In Brown v. Austin, the Tenth Circuit found that an employee’s telework, weekend work, and supervisor change request were unreasonable under the federal Rehabilitation Act and that the employee had failed to allege a prima facie case of disability discrimination, retaliation, or constructive discharge. Background Alfred Brown worked for the Defense…

Dutton Employment Law Blog

Employee Misclassification In Ontario

By Jeff Dutton

September 24, 2021

Some employees in Ontario are misclassified by their employers as independent contractors and denied minimum employment standards to which they … The post Employee Misclassification In Ontario appeared first on Dutton Employment Law.…

California Employment Law

Is There Any Viable Defense to a Dreaded PAGA Claim?

By Nancy Yaffe

September 24, 2021

https-californiaemploymentlaw-foxrothschild-com-wp-content-uploads-sites-140-2021-09-44694702_s-310x320-jpg

The Private Attorney General Act (PAGA) is crazy making for California employers. In plain English, PAGA allows a Court to award a penalty for each pay period that includes a wage-and-hour violation. It does not include the damages for the underlying violation, just the discretionary penalty, which starts at $100 per employee per pay period, and increases to $200, and even $250 (or in extreme cases of knowing violations, $1000). How does this craziness work…