Employment Law Spotlight

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Employment Law Spotlight

Eleventh Circuit Holds Websites Are Not Places of Public Accommodation and Rejects Commonly Relied-Upon Nexus Standard

By Erin Sales & Joyce Ackerbaum Cox

April 12, 2021

In a win for businesses, on April 7, 2021, the U.S. Court of Appeals for the Eleventh Circuit held in Juan Carlos Gil v. Winn-Dixie Stores, Inc., that websites are not “places of public accommodation” under the Americans with Disabilities Act (ADA) and rejected the “nexus” standard that has been adopted by several other federal circuits. This long-awaited decision follows a proliferation of website accessibility cases alleging that businesses have discriminated against disabled individuals…

Employment Law Spotlight

UPDATED: COVID-19 Vaccine Paid Leave Law Encourages New Yorkers to Get Vaccinated

By Fanny Ferdman

April 8, 2021

This article is a revised version of our March 18, 2021 publication. Really … another new paid leave requirement from New York? Yes indeed. On Friday, March 12, 2021, Governor Cuomo signed a new law amending New York’s Labor Law and granting employees up to four hours of paid leave per COVID-19 vaccine injection. The law became effective immediately, and the new leave entitlement is currently set to expire on Dec. 31, 2022. The…

Employment Law Spotlight

Only Two Weeks Remaining for Connecticut Employers to Meet Their Sexual Harassment Training Requirements

By Priya Amin

April 6, 2021

The Connecticut Commission on Human Rights and Opportunities (CHRO) recently extended the deadline for employers to complete sexual harassment training as required under the Time’s Up Act (the Act). Employers are not required to request this extension; it is a blanket extension to April 19, 2021. The Act, which went into effect on Oct. 1, 2019, established new rules and requirements for sexual harassment training. Previously, only employers with 50 or more employees were required…

Employment Law Spotlight

Taking Tips? Department of Labor Announces Timing for Tipped Employee Final Rule Implementation

By Jacob A. Bruner, David Grant & Caroline M. Landt

March 26, 2021

The U.S. Department of Labor (DOL) this week announced the timing for implementation of its much-awaited Final Rule controlling which employees can participate in a mandatory tip pool and changes to the “80/20” rule. The Final Rule, which revises the Fair Labor Standards Act’s (FLSA) tip regulations and implements an earlier statutory amendment concerning the tip credit and mandatory tip pools, has faced a cloud of uncertainty since its publication on Dec. 30, 2020, as…

Employment Law Spotlight

Illinois Enacts New Background Check Requirements

By Bonnie Keane DelGobbo & Todd Lebowitz

March 24, 2021

Background check compliance has been a technical minefield for years. Federal, state and local requirements differ, meaning that multistate employers have a lot to keep track of. Illinois just planted a new landmine. Amendments to the Illinois Human Rights Act impose new requirements on employers conducting background checks in Illinois. Governor Pritzker signed the bill into law March 23, 2021, and it takes effect immediately. The new requirements fall into three categories. First, before taking…

Employment Law Spotlight

New Decade, Same Rules: Noncompetes in Texas 10 Years After Marsh USA Inc. v. Cook

By Peter Stuhldreher, Mark Temple & Paul Knettel

March 23, 2021

Under Texas law, to establish an enforceable covenant not to compete, the first question is often whether the covenant is supported by adequate consideration. Unlike many states, in Texas, an employer cannot pay for a restrictive covenant (which includes both noncompetes and customer non-solicitation restrictions). In other words, in Texas, a raise, bonus or severance payment is typically not sufficient consideration to support a restrictive covenant. Some thought Texas might move in the direction of…

Employment Law Spotlight

Employers May Need to Update Their Severance Agreement Templates by April 1

By Todd Lebowitz

March 22, 2021

Acronyms make us do things. AWOL makes us go looking for someone, BOGO makes us buy two of something we didn’t need one of, and NSFW makes us cover our screen and hope no one has already walked by. The new COVID-19 relief bill requires acronym-based action too. ARPA made changes to COBRA, so employers will need to edit their template severance agreements ASAP. Here’s what that means, FYI. Under the American Rescue Plan Act…

Employment Law Spotlight

COVID-19 Vaccine Paid Leave Law Encourages New Yorkers to Get Vaccinated

By Fanny Ferdman

March 18, 2021

Really … another new paid leave requirement from New York? Yes indeed. On Friday, March 12, 2021, Governor Cuomo signed a new law amending New York’s Labor Law and granting employees up to four hours of paid leave per COVID-19 vaccine injection. The law became effective immediately, and the new leave entitlement is currently set to expire on Dec. 31, 2022. The idea is to encourage New Yorkers to get vaccinated. Under this new law,…

Employment Law Spotlight

D.C. Circuit Says NLRB Must Explain Its Decision-Making

By Michael Parente & Peter Fischer

February 12, 2021

Court Remands NLRB Decision for Failing to Distinguish Contrary Precedent A shift in the political party at the White House generally means a corresponding shift in philosophy for the National Labor Relations Board (NLRB). Naturally then, the question many employers are asking is not “Will the NLRB swing to a pro-labor position?” but “How far will the pro-labor pendulum go?” Mercurial NLRB policy is, after all, nothing new. The agency’s five-member decision-making panel is typically…

Employment Law Spotlight

New Administration’s Revamping of Labor Department’s OFCCP Signals New Considerations and Implications for Federal Contractors

By Mitchell Robinson

February 1, 2021

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In his first week in office, President Joe Biden revamped the U.S. Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) and immediately signaled more aggressive enforcement of anti-discriminatory hiring and pay practices than that of the prior administration. Along with signing the “Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,”[1] making it the policy of his administration that “the Federal Government should pursue a comprehensive approach…

Employment Law Spotlight

Providing Developments & Insight on Trending Topics in Employment Law

Blog Authors

Eleventh Circuit Holds Websites Are Not Places of Public Accommodation and Rejects Commonly Relied-Upon Nexus Standard

UPDATED: COVID-19 Vaccine Paid Leave Law Encourages New Yorkers to Get Vaccinated

Only Two Weeks Remaining for Connecticut Employers to Meet Their Sexual Harassment Training Requirements

Taking Tips? Department of Labor Announces Timing for Tipped Employee Final Rule Implementation

Illinois Enacts New Background Check Requirements

New Decade, Same Rules: Noncompetes in Texas 10 Years After Marsh USA Inc. v. Cook

Employers May Need to Update Their Severance Agreement Templates by April 1

COVID-19 Vaccine Paid Leave Law Encourages New Yorkers to Get Vaccinated

D.C. Circuit Says NLRB Must Explain Its Decision-Making

New Administration’s Revamping of Labor Department’s OFCCP Signals New Considerations and Implications for Federal Contractors

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