Hunton Employment & Labor Perspectives

Analysis and Development in Employment & Labor Issues

Blog Authors

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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

Can Voluntary Individual Settlements Moot Class Actions? Yes, Depending on the Facts, According to the Ninth Circuit

By Daniel J. Butler & Christopher M. Pardo

July 10, 2020

The Ninth Circuit Court of Appeals recently clarified that a named plaintiff gives up his or her right to represent a class if, in an individual settlement, he or she does not carve out from the settlement a concrete financial interest in the putative class action. In so holding, the court explained that it was not enough for a plaintiff to generically carve out “class claims,” without identifying a more specific financial stake that would…

Hunton Employment & Labor Perspectives

New Emergency Ordinance Requires San Francisco Employers to Guarantee Reemployment for Certain Employees Laid Off Due to COVID-19

By J. Drei Munar & M. Brett Burns

July 7, 2020

Due to the novel coronavirus (COVID-19), many San Francisco businesses have closed in order to contain the spread of the pandemic, resulting in declining revenues and widespread business interruption. These economic conditions have led to employee layoffs across San Francisco. As San Francisco employers work to restore their business operations in the wake of COVID-19, they should be aware of new rules that may affect how they rebuild their workforce.…

Hunton Employment & Labor Perspectives

D.C. Circuit Rejects NLRB’s Expansion of Weingarten Rights

By Lukas Moffett & Amber M. Rogers

June 25, 2020

On June 12, 2020, the D.C. Circuit vacated a component of an NLRB decision that expanded employee rights under NLRB v. J. Weingarten. The D.C. Circuit rejected the NLRB’s determination that a mere statement of fact constituted an employee’s requests for union representation. In a dispute between Circus Circus Casinos, Inc. (the “Employer”) and an employee, the Employer, pursuant to OSHA regulations and internal policies, required the employee to submit to a medical examination prior…

Hunton Employment & Labor Perspectives

New Litigation May Further Clarify the FCRA’s Definition of “Consumer Reporting Agency”

By Alyson Brown & Robert T. Quackenboss

June 24, 2020

An employer’s obligations under the Fair Credit Reporting Act (“FCRA”) are triggered when it obtains a “consumer report” from a “consumer reporting agency” for use in making an employment decision. A federal court in the Middle District of Florida is set to rule on a summary judgment motion clarifying whether a business that transmits public records unaltered to a prospective employer is a “consumer reporting agency”.…

Hunton Employment & Labor Perspectives

Top Five Employment Law Liabilities Facing Employers Post-Pandemic

By Jayde M. Ashford, Susan F. Wiltsie & Robert T. Dumbacher

June 22, 2020

The COVID-19 pandemic has exposed employers to an influx of novel employment law issues. Many employers already have experienced an uptick in related internal complaints or litigation. Below we identify five particular employment law liabilities employers may be exposed to once the dust settles from the pandemic. Wage and Hour Claims The shift to telework during the coronavirus pandemic has forced many employers to set aside traditional tracking mechanisms that are used to determine when…

Hunton Employment & Labor Perspectives

Federal Court Denies Conditional Certification of Collective Action Involving Restaurant Managers

By Jessica Knapp Little & Juan C. Enjamio

June 18, 2020

A federal district court in Florida recently declined to conditionally certify a nationwide collective action brought under the Fair Labor Standards Act (“FLSA”) because the plaintiff did not show sufficient evidence that she was similarly situated to other restaurant managers who wanted to join.…

Hunton Employment & Labor Perspectives

The Legal 500 Recognizes HuntonAK Labor and Employment Practice For 2020

By Hunton Andrews Kurth LLP

June 18, 2020

20005_Award_Ranking-Recognized-in-The-Legal-500-United-States-2020

We are pleased to announce that the Labor and Employment team at Hunton Andrews Kurth LLP has been recognized as practice leaders in Immigration and Labor and Employment Disputes (Including Collective Actions): Defense by The Legal 500. Eleven individual lawyers on HuntonAK’s Labor and Employment and Immigration Team also were acknowledged.…

Hunton Employment & Labor Perspectives

Viewpoint: Minimize Vacation Scheduling Conflicts in the Pandemic

By Jayde M. Ashford & Amber M. Rogers

June 17, 2020

Originally published by SHRM, Jayde Brown and Amber Rogers discuss challenges employers may face when vacation scheduling conflicts arise once employees return to work. Read more here.…

Hunton Employment & Labor Perspectives

BREAKING: The U.S. Supreme Court Holds That Title VII Protects LGBTQ Employees

By Tyler S. Laughinghouse & Ryan M. Bates

June 15, 2020

In a 6-3 decision, the U.S. Supreme Court ruled today that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on an employee’s sexual orientation and/or transgendered status. Though Title VII does not expressly mention “sexual orientation” or “transgender,” the Court held that “homosexuality and transgender status are inextricably bound up with sex” and that “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against…

Hunton Employment & Labor Perspectives

COVID-19: Workplace Risk & Incident Response Team

By Hunton Andrews Kurth LLP

June 12, 2020

SM-COVID_Workplace-Risk-Incident-Response-Team

An interdisclipinary effort navigating all aspects of workplace hazards, safety and compliance through all phases of the global health pandemic. Since the beginning of the pandemic, Hunton Andrews Kurth LLP has been advising some of the largest companies in the country regarding COVID-19 in the workplace, including assisting companies in developing workplace policies and procedures, advising on compliance with agency guidance and shutdown orders, assessing future claims risk and developing mitigation strategies to reduce risk.…

Hunton Employment & Labor Perspectives

Analysis and Development in Employment & Labor Issues

Blog Authors

Can Voluntary Individual Settlements Moot Class Actions? Yes, Depending on the Facts, According to the Ninth Circuit

New Emergency Ordinance Requires San Francisco Employers to Guarantee Reemployment for Certain Employees Laid Off Due to COVID-19

D.C. Circuit Rejects NLRB’s Expansion of Weingarten Rights

New Litigation May Further Clarify the FCRA’s Definition of “Consumer Reporting Agency”

Top Five Employment Law Liabilities Facing Employers Post-Pandemic

Federal Court Denies Conditional Certification of Collective Action Involving Restaurant Managers

The Legal 500 Recognizes HuntonAK Labor and Employment Practice For 2020

Viewpoint: Minimize Vacation Scheduling Conflicts in the Pandemic

BREAKING: The U.S. Supreme Court Holds That Title VII Protects LGBTQ Employees

COVID-19: Workplace Risk & Incident Response Team

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