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Employment Law Worldview

Black Lives Matter, Racial Unrest and Corporate Culture – How Do Employers Respond? (US)

By Anne Marie Schloemer

July 3, 2020

As the daily news continues to show protests and calls for justice in response to the death of George Floyd and others at the hands of police officers, there is, unsurprisingly, a desire from employees to hear from their employers regarding the ongoing violence and racial unrest in our communities and across the country. Many employers recognized the gravity of the racial unrest by celebrating, for the first time, Juneteenth on June 19, 2020, a…

Employment Law Worldview

UK Chancellor issues further Treasury Direction on CJRS – mire deepens

By David Whincup

July 1, 2020

On Friday last week the Chancellor issued the third and probably final Treasury Direction in relation to the Coronavirus Job Retention Scheme (CJRS). This is “the law” that will govern the flexible furlough arrangements from 1 July. As with the two previous Treasury Directions, this one is horribly complicated to navigate – to the point where the less trusting parts of you begin to wonder if it represents a deliberate attempt to deter CJRS applications…

Employment Law Worldview

DOL Update: COVID-19-Related Guidance and New Opinion Letters (US)

By Melissa Legault

July 1, 2020

During the week of June 22, 2020, the U.S. Department of Labor (“DOL”) Wage and Hour Division (“WHD”) issued three Field Assistance Bulletins, each providing guidance to WHD field staff regarding three unique compliance issues related to the COVID-19 pandemic. In addition, on June 25, 2020, the DOL released five fact-specific opinion letters discussing various pay practices specifically relating to certain salespersons and county government employees. Field Assistance Bulletins Address COVID-19 Issues Each of the…

Employment Law Worldview

California Privacy Rights Act Makes it to the November Ballot (US)

By Michael Kelly, Lauren Kitces & Lydia de la Torre

June 30, 2020

As California employers continue to grapple with compliance with employee-related portions of the California Consumer Privacy Act, it is worth keeping an eye on a follow-on law, the California Privacy Rights Act (CPRA), which now has enough signatures to be on California’s November 3, 2020 ballot. Of particular concern to employers should be the fact that if passed as a ballot measure, it will make provisions of the law virtually impossible to amend or alter…

Employment Law Worldview

NLRB Issues Key Changes Regarding Arbitration Agreements, Confidentiality Provisions, and Employee Discipline (US)

By William Kishman

June 29, 2020

The National Labor Relations Board continues to clarify and update employers’ obligations in key areas. As discussed below, one recent decision clarifies when employers may enter into arbitration agreements that require employees to keep the proceedings confidential. Another recent decision rescinded a rule issued by the Obama-era NLRB and clarified, for employers who are negotiating their first contract with a labor union, when the employers may discipline employees.…

Employment Law Worldview

HR priorities in a post-Covid world (UK)

By Laura Nelson

June 26, 2020

In the innocent days of early 2020 investment research firm MSCI predicted that this would be the year that “ESG storms the CFO’s office, elbowing its way onto their bottom line as financiers get creative with ways to bind ESG criteria to their terms of capital, introducing a plethora of corporate borrowers into the wide world of ESG”. But is this still right? Should Boards still be focused on ESG or have the totally unprecedented…

Employment Law Worldview

Walking The Tightrope: Dealing With Employees’ Different Viewpoints On COVID-19, Racial Justice, and Partisan Politics (US)

By Daniel Pasternak

June 25, 2020

We’re living through a period of time in the US unlike any we have previously experienced, simultaneously grappling with a deadly public health emergency, mass protests – some peaceful, some not – seeking racial justice and police reform, and an increasingly bitter, partisan political landscape that likely only will intensify as we get closer to Election Day in November 2020. With each of these momentous issues comes a wide spectrum of individual opinions. Some view…

Employment Law Worldview

Post-lockdown working, Part 4 – whistleblowing for beginners (UK)

By David Whincup

June 23, 2020

On top of the flexible working rules (see Parts 1-3), another piece of existing law likely to get a pandemic-related dusting-off in the months to come is our old friend whistleblowing. If you face what is otherwise a fairly clear redundancy situation because Covid-19 has gutted your employer’s market, what better way of upping the ante than to assert that your selection is retaliation for complaints you have made about the inadequacy of your employer’s…

Employment Law Worldview

An Extended Pause: New Presidential Proclamation Halts US Entry for Thousands of Workers

By Samuel Mudrick

June 23, 2020

As expected, President Trump signed a presidential proclamation (“Suspension of Entry of Immigrants and Nonimmigrants who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak” hereafter “Nonimmigrant Proclamation”) extending the duration of his prior suspension of immigrant visas (for those entering the U.S. permanently) and creating a new suspension for those seeking entry across a broad swath of nonimmigrant visas (those entering temporarily,…

Employment Law Worldview

DHS Extends Flexibility Relating to I-9 Execution for Remote Workers While Increasing Civil Penalties for Violations (US)

By Gregory A. Wald

June 22, 2020

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) recently announced another extension, through July 19, 2020, of its COVID-19 temporary policy of deferring the physical presence requirements associated with Form I-9 compliance in relation to hiring and re-verifying certain remote employees. However, within days of announcing this reprieve for employers, DHS and the Department of Justice (DOJ) published their annual, Civil Monetary Penalty Adjustments for Inflation rules increasing penalties against employers…

Employment Law Worldview

Blog Authors

Black Lives Matter, Racial Unrest and Corporate Culture – How Do Employers Respond? (US)

UK Chancellor issues further Treasury Direction on CJRS – mire deepens

DOL Update: COVID-19-Related Guidance and New Opinion Letters (US)

California Privacy Rights Act Makes it to the November Ballot (US)

NLRB Issues Key Changes Regarding Arbitration Agreements, Confidentiality Provisions, and Employee Discipline (US)

HR priorities in a post-Covid world (UK)

Walking The Tightrope: Dealing With Employees’ Different Viewpoints On COVID-19, Racial Justice, and Partisan Politics (US)

Post-lockdown working, Part 4 – whistleblowing for beginners (UK)

An Extended Pause: New Presidential Proclamation Halts US Entry for Thousands of Workers

DHS Extends Flexibility Relating to I-9 Execution for Remote Workers While Increasing Civil Penalties for Violations (US)

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