On June 14, 2021, the Colorado Supreme Court issued its highly anticipated decision in Nieto v. Clark’s Market, ruling that employers must pay out an employee’s earned but unused vacation pay upon separation of employment, even where an agreement or
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 7
Will the Supreme Court’s Decision Overturning California Union Access Regulation Be a Bonanza for Nonagricultural Employers?
In a significant victory for California agricultural employers, the Supreme Court recently held that California’s regulation requiring agricultural companies to permit union organizers on their property was an unconstitutional taking of private property without just compensation. Cedar Point Nursery v.…
The Devil Is In the Details: Department of Labor Publishes Tipped Employee Proposed Final Rule
The U.S. Department of Labor (DOL) published its Notice of Proposed Rule Making (NPRM) regarding tipped employees. Rejecting the Trump administration’s proposed rules governing tip-credit employees performing non-tipped duties, the DOL proposes to adopt what is known as the 80/20…
Texas Court Affirms Employers’ Freedom to Require COVID-19 Vaccine for Employees
COVID-19 has presented no shortage of legal questions for employers, from shutdowns and layoffs to when and how to reopen. And with COVID-19 vaccines now broadly available in the United States, some companies (especially those in high-risk environments like hospitals…
OSHA Announces COVID-19 Emergency Temporary Standards for the Healthcare Industry
The Occupational Safety and Health Administration (OSHA) released Emergency Temporary Standards (ETS) for the health care industry on June 10, 2021. The ETS will apply to healthcare and healthcare support service workers with the goal of better protecting them from…
Texas Passes Bill Prohibiting Businesses From Requiring Vaccine Passports for Customers, But Not Employees
On June 7, 2021, Texas Gov. Greg Abbott continued to emphasize that Texas is open for business by signing into law S.B. 968, which prohibits Texas businesses from requiring customers to provide documentation of COVID-19 vaccination — including through the…
Colorado Joins Coalition of States Expanding Antidiscrimination Laws to Include Protections for Gender Identity and Gender Expression
On May 20, 2021, Colorado Gov. Jared Polis signed into law HB21-1108, known as the Gender Identity Expression Anti-Discrimination Act (the Act). In relevant part, the Act updates Colorado’s nondiscrimination provisions applicable to individuals seeking protection on the basis of…
Back to Work: Montana Enacts Pro-Employer Changes to Wrongful Discharge Law While Becoming the First State to Protect Employees Based on Vaccination Status
In a flurry of activity this spring, the state of Montana implemented several changes to how employers may do business in Montana. To start, several amendments to Montana’s Wrongful Discharge from Employment Act (WDEA) provide increased flexibility to Montana employers.…
California Senate Bill 93: Employers, We Have You Covered
On April 16, 2021, California Gov. Gavin Newsom signed into law Senate Bill (SB) 93, which requires certain employers to rehire eligible employees who were previously laid off due to the COVID-19 pandemic. To be eligible for recall, laid-off employees…
Deciphering The NY Hero Act: A New NY COVID-19 Worker Protection Law
While New York announced significant easing of COVID-19 restrictions in recent days and weeks, and while the Centers for Disease Control and Prevention appears to be loosening its COVID-19-related guidelines, the state continues its efforts to protect its employees with…