Labor Days

News and Analysis from Kelley Drye’s Labor and Employment Practice

As PRIDE month concludes, we look back at a historic year for the rights of LGBTQ+ employees, and ahead for what this means for employers as they manage their workforce. Looking back, it was June 2020 when the Supreme Court held that discrimination on the basis of sexual orientation and transgender status constitutes unlawful sex discrimination under Title VII of the 1964 Civil Rights Act. We’ve discussed the landmark Bostock v. Clayton County decision in-depth…
Sending a clear message to employers and employees alike on the prickly subject of mandatory vaccination programs, Texas federal Judge Lynn N. Hughes just dismissed outright a lawsuit brought by 117 employees of a Houston hospital, challenging their terminations for refusal to be vaccinated. The court rejected the employees’ wrongful termination claims under Texas state law as well as their arguments that the Hospital’s policy violated federal law. It’s also not just the result, but…
Original post on June 1, 2021 (“Making the Workplace a Safer Place: A Job for New York’s HERO Act”) Key takeaways for New York employers from the NY HERO Act, as amended: The NYS DOL must publish a model safety standard by July 5, 2021. 30 days thereafter, New York employers must either adopt the model standard or create their own health and safety plan to prevent occupational exposure to airborne infectious diseases, which meets…
On January 21, 2021, President Biden enacted the Executive Order “Protecting Worker Health and Safety” which tasked OSHA with developing safety measures to help protect workers as the nation continued its post-pandemic reopening. On June 10, 2021, in response to that direction, OSHA issued an emergency temporary standard (“ETS”) focused on healthcare settings where workers are most likely to have contact with individuals infected by the virus. Below are some of the salient points of…
Tuesday, June 22nd at 12:30pm ET Restrictive Covenants 101: NDAs, Non-Competes & Other Tools To Protect Your Company A company’s confidential information and customer relationships are its lifeblood—and are the assets that can walk out the door too easily with a departing employee. Too few companies take a considered approach to protecting those assets. NDAs and noncompetes can help, but using them without a holistic strategy can be worse than no protection at all. Join…
Employers have been waiting for some definitive guidance from the EEOC on the issue of vaccines in the workplace – and here it is! On May 28, the EEOC updated its Technical Assistance Guidance and has now stated with certainty that employers CAN indeed require employees to be vaccinated before coming in to the office or workplace. The updated guidance also addresses accommodations for the vaccinated, vaccine incentives, and vaccines for pregnant employees, among other…
As employees who have worked remotely for months begin to slowly return to their offices, more guidance is emerging as to what their employers can and should do to keep them safe. Just this weekend, the EEOC came out with long-awaited guidance stating that employers may require those who come to the workplace to be vaccinated, which we will cover in a separate post. States are also issuing their own new rules. As an example,…
During the Trump years, the National Labor Relations Board (meaning, the actual five-member Board in Washington, whose decisions drive interpretations of federal labor law) got a lot less friendly to organized labor, and a lot friendlier to employers. That meant a lot of things, including making it easier for unions to prove that two employers were really one “joint” employer, harder for employees to organize, and harder for employers to unilaterally change terms and conditions…
Last week, the Trump-era independent contractor classification rule was officially eradicated by the U.S. Department of Labor, (“DOL”) due to its apparent inconsistency with the Fair Labor Standards Act (“FLSA”). The rule, which we previously covered here, provided a 5-factor “economic reality” test for determining whether workers are independent contractors or employees. The two “core factors” of the test included the nature and degree of the worker’s control over the work and the worker’s…
President Biden announced that his administration had reached its goal of 200 million vaccine shots administered during his first 100 days in office. Not stopping there, the President also made a special call to employers across the United States to use their unique resources to help their employees and others get vaccinated. To encourage more people to get vaccinated, President Biden, also announced a paid leave tax credit that will offset the cost for employers…