In a 12-6 split decision, the en banc 5th Circuit Thursday evening released its ruling in Hewitt v. Helix Energy Solutions Group, Inc., Case No. 19-20023, addressing the issue of when an employee paid a daily rate can qualify for
Employment Law Spotlight
Providing Developments & Insight on Trending Topics in Employment Law
Employment Law Spotlight, published by Baker & Hostetler LLP, focuses on developments and issues in employment law affecting employers and employees. The blog covers topics such as workplace harassment standards and legislation, diversity, equity, and inclusion (DEI) policies, wage and hour regulations including minimum wage changes, COVID-19 workplace policies, and anti-discrimination laws. It also addresses compliance with state and federal employment laws, updates on legal standards for harassment and discrimination claims, and guidance on employer obligations and defenses. The blog provides analysis of legislative changes, court decisions, and regulatory updates relevant to labor and employment law practitioners and human resources professionals.
Latest from Employment Law Spotlight - Page 6
The President’s Vaccine Executive Order – A Prelude of Things to Come for Federal Contractors?
With much fanfare, on Sept. 9, 2021, President Joe Biden announced, among other wide-ranging proposed requirements for employers generally, a COVID-19 vaccine mandate for federal employees and certain government contractors. The president stated that he signed an “executive order that…
BREAKING: OSHA’s Vaccine Mandate and Unionized Employer Bargaining Obligations
President Biden has just announced that he is tasking OSHA with implementing a new emergency rule mandating that employers with at least 100 employees either require their workforce to be vaccinated or require unvaccinated employees to produce a negative COVID-19…
COVID-19 Designated as a Highly Contagious Communicable Disease Under NY HERO Act
Caution Signs Ahead: New NLRB General Counsel Memo Offers a Surprising (and Alarming) Road Map of Plans and Priorities
By Todd Dawson
New National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo appears ready and willing to help deliver on President Joe Biden’s promise to be “the most pro-union president [we’ve] ever seen.”
Abruzzo issued a recent memorandum listing various types of…
A Brave, New World? Recent NLRB Rulings Concerning Mail Ballot Elections May Be The Beginning Of A New Era In Board Elections
Since the onset of the COVID-19 pandemic in March 2020, unions and employers alike have had to adjust to a “new normal” of mail ballot NLRB elections. Under normal circumstances, the NLRB’s preferred and standard method for conducting elections is…
Welcome to Turkmenistan: Joint Employment Rules Rescinded, Leaving Massive Crater in FLSA Regulations
No visit to Turkmenistan would be complete without a visit to the Darvaza Crater, more commonly known as the Door to Hell. This massive crater formed decades ago after a Soviet drilling rig collapsed. Roughly 40 years ago, the…
New NYC Law Requires Two-Step Background Checks and Expands List of Pre-Adverse Action Factors
By Priya Amin & Todd Lebowitz
The New York City Fair Chance Act (FCA) amendments expand protections for individuals with a criminal record and impose new obligations on employers that conduct background checks. The changes take effect July 29, 2021.
The amendments require most background checks…
Pennsylvania Employers Beware: The State’s Highest Court Expands the Bounds of Compensable Time
In a 5-2 decision, the Pennsylvania Supreme Court held that employers in the state must now pay employees for time spent on their premises when waiting for – and undergoing – required security searches.
The court explained that this period…
Update on the NY HERO Act: What the NY COVID-19 Worker Protection Law Means for Employers
On May 5, 2021, Governor Cuomo signed the New York Health and Essential Rights Act (NY HERO Act) into law. As discussed in an earlier BakerHostetler post, this law mandates extensive new workplace health and safety protections in response…