The federal guidance on whether to classify a worker as an employee or an independent contractor continues to shift, as the U.S. Department of Labor (DOL) issued a new proposed rule favorable for companies. If finalized, the rule may provide businesses with greater latitude to engage independent contractors.…

We recently published an update to our 50-state Shelter-In-Place / Reopening Tracker. Please see HERE. This is updated weekly. For your convenience, here is a summary of the major updates from around the country: The Governors of Illinois, Georgia, Mississippi, New Hampshire, Utah and Wyoming extended their emergency declaration orders and/or the duration of the current phase of their reopening plans. Florida and Nebraska moved to the next phase of their respective reopening plans,…

Last week Governor Newsom signed three important bills into law: SB 1159: Expands Presumption of Workers’ Compensation Liability for COVID-19 Illness Claims SB 1159 expands access to workers’ compensation by creating a rebuttable presumption of compensable injury for front line workers — health care workers, firefighters and peace officers. The presumption, while rebuttable, makes it easier for certain essential employees to receive workers’ compensation benefits if they contract COVID-19.   The law puts the onus…

It is customary to read of employees claiming retaliation against their employer. The U.S. Court of Appeals for the Seventh Circuit’s recent decision in Bator v. District Council 4, Graphic Communications Conference represents the almost unheard of — employees claiming retaliation at the hands of their union instead. In Bator, union members simply wanted fellow union members working for a competitor to make an equal pension plan contribution, since they would all be entitled to…

Organizations will continue to be held accountable for diversity, equality and inclusion post-COVID-19 and in connection with the Black Lives Matter movement. The next few video chats in our series will help in-house counsel and HR executives who are working to build a strong corporate culture of professionalism and respect do so in a way that is legally compliant and mitigates the risk of a backlash. Please click below to watch the video chat: How …

The US Supreme Court significantly altered federal anti-discrimination law in its landmark June ruling in Bostock v. Clayton County. This week’s video chat provides practical advice for employers following Bostock’s extension of anti-discrimination protections to LGBTQ employees and its interaction with employees’ religious beliefs. Please click below to watch the video chat: Religious Beliefs in the Workplace Following the Supreme Court’s Bostock Decision…

Big thanks to Kim Sartin in our London office for her contributions to this post. As many businesses start to reopen, and travel restrictions are lifted in some locations, employers are gearing up for the inevitable question — when can employees travel? At the moment, we’re certainly seeing companies re-starting business travel that is deemed essential, but it would be an unusual case where an employer was making it mandatory for employees. Here is a…