Hunton Employment & Labor Perspectives

Analysis and Development in Employment & Labor Issues

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Jessica N. Agostinho

Mariana Aguilar

Walter J. Andrews

Hunton Andrews Kurth LLP

Anh Shigekawa

Jayde M. Ashford

L. Scott Austin

Latest from Hunton Employment & Labor Perspectives

Hunton Employment & Labor Perspectives

California Bill Proposes To Require Employer-Subsidized Backup Childcare Benefits

By Andrea R. Calem & Emily Burkhardt Vicente

March 1, 2021

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Closures of schools and day care centers during the COVID-19 pandemic have put heightened focus on the child care challenges faced by working parents. The California legislature is aiming to address these challenges by introducing a bill that, if passed, would require employers to provide subsidized backup child care benefits to employees. While this may help working parents, it also would place additional burdens on employers, many of whom are already over-taxed by the increased…

Hunton Employment & Labor Perspectives

California Supreme Court Declares Employers Cannot Round Workers’ Time At The Meal Period And Records Can Raise Rebuttable Presumption Of Violations

By Emily Burkhardt Vicente & Karen Jennings Evans

February 26, 2021

Many employers use rounding methods to adjust the hours that an employee works to the nearest time increment, such as every five or ten minutes. The California Supreme Court has ruled, however, that this rounding practice is impermissible at the meal period. Equally as troubling for employers, the Court also held that time records showing a noncompliant meal period raise a “rebuttable presumption” of meal period violations.…

Hunton Employment & Labor Perspectives

New York City Expands Protections For Applicants and Employees With Criminal Histories

By Alyson Brown & Robert T. Quackenboss

February 25, 2021

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In January 2021, New York City amended the Fair Chance Act to expand protections for both applicants and employees with criminal histories. The amendments take effect July 29, 2021, adding additional protections for workers in the state. Prior to the amendment, NYC’s Fair Chance Act prohibited employers from making an inquiry about an applicants’ criminal conviction records until after a conditional offer of employment is extended. Then, an employer was required to balance a variety…

Hunton Employment & Labor Perspectives

Looking Ahead to Potential Developments in Online Accessibility Law

By Jason P. Brown & Robert T. Quackenboss

February 24, 2021

Title III of the Americans with Disabilities Act of 1990 (“Title III”) prohibits discrimination on the basis of disability in public accommodations, requiring that individuals with a disability be offered the “full and equal enjoyment . . . of any place of public accommodation.” 42 U.S.C. § 12182(a). As we previously discussed, the 30-year-old statute does not directly address whether “places of public accommodation” include websites, mobile applications, and other emerging web-based applications and…

Hunton Employment & Labor Perspectives

Georgia Super Lawyers Recognizes Two Employment Partners

By Hunton Andrews Kurth LLP

February 23, 2021

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HuntonAK Labor and Employment Partners Bob Dumbacher and Kurt Powell have been recognized in the most recent publication of Georgia Super Lawyers 2021. Bob Dumbacher, Employment and Labor, Rising Star Kurt Powell, Employment and Labor Super Lawyers acknowledges outstanding practice group lawyers “who have attained a high-degree of peer recognition and professional achievement.” Bob and Kurt were both recently recognized by Benchmark Litigation as Labor and Employment Stars, Georgia, 2020. Read the Firm…

Hunton Employment & Labor Perspectives

Changes Afoot at the NLRB Under the New Administration

By Bekah Herman & Robert T. Dumbacher

February 12, 2021

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With the ushering in of a new administration, several changes have quickly taken place at the National Labor Relations Board (NLRB). Within hours of taking office, the Biden administration removed Trump appointee NLRB General Counsel Peter Robb and replaced him with interim General Counsel Peter Ohr. (Ohr may only serve as acting General Counsel for 40 days, per the National Labor Relations Act, unless the administration submits a nomination to the Senate.) At least one…

Hunton Employment & Labor Perspectives

DOL Freezes Rule on Independent Contractor Classification Test under the FLSA and Withdraws Several Opinion Letters

By Gary Enis & Alan J. Marcuis

February 10, 2021

In a recent post, we wrote about a final rule issued by the Department of Labor (DOL) during the last days of the Trump administration addressing the appropriate test for classifying independent contractors under the FLSA. In the post, we noted that the future of the rule was in question because it was not set to go into effect until March 8, 2021. This delayed implementation provided an opportunity for the incoming Biden administration…

Hunton Employment & Labor Perspectives

Executive Orders Impact Federal Agencies and Government Contractors

By J. Marshall Horton, Robert T. Dumbacher & Christy E. Kiely

February 5, 2021

Since taking office, President Biden has issued Executive Orders covering topics from climate change to mask mandates. Some of these new Executive Orders are aimed at eliminating discrimination and promoting equity at the federal level. These directives will likely result in new requirements for private sector companies that are government contractors or subcontractors, and could require them to revise practices and policies in order to keep, or procure new, government contracts.…

Hunton Employment & Labor Perspectives

Washington, D.C. Passes One of the Most Robust Prohibitions on Non-Competes in the Country

By Jason P. Brown & Ryan M. Bates

February 4, 2021

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Last month, Washington, D.C. Mayor Muriel Bowser signed the Ban On Non-Compete Agreements Amendment Act of 2020 (“the Act”), which becomes effective next week. This law is a statutory ban on non-compete agreements that has the strength of similar bans in California, North Dakota, and Oklahoma. The Act applies to all D.C. private employers and applies broadly to most employees who perform work in D.C. or whom a prospective employer reasonably anticipates will perform work in D.C. …

Hunton Employment & Labor Perspectives

Numerosity and Rule 23: It’s Not (Only) About the Numbers

By Daniel J. Butler & Christopher M. Pardo

February 3, 2021

Last month, the Seventh Circuit Court of Appeals rejected a proposed class of thirty-seven employees for failure to satisfy Federal Rule of Civil Procedure 23’s numerosity requirement. “Much ink has been spilled” over the requirements of Rule 23, the Seventh Circuit noted. But only a small share of those cases concern the numerosity requirement. Most opinions deal with commonality or typicality. Recognizing this paucity, the court took occasion to outline the parameters of the numerosity…

Hunton Employment & Labor Perspectives

Analysis and Development in Employment & Labor Issues

Blog Authors

California Bill Proposes To Require Employer-Subsidized Backup Childcare Benefits

California Supreme Court Declares Employers Cannot Round Workers’ Time At The Meal Period And Records Can Raise Rebuttable Presumption Of Violations

New York City Expands Protections For Applicants and Employees With Criminal Histories

Looking Ahead to Potential Developments in Online Accessibility Law

Georgia Super Lawyers Recognizes Two Employment Partners

Changes Afoot at the NLRB Under the New Administration

DOL Freezes Rule on Independent Contractor Classification Test under the FLSA and Withdraws Several Opinion Letters

Executive Orders Impact Federal Agencies and Government Contractors

Washington, D.C. Passes One of the Most Robust Prohibitions on Non-Competes in the Country

Numerosity and Rule 23: It’s Not (Only) About the Numbers

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