Labor Days

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

Latest from Labor Days - Page 2

On July 28, the United States Court of Appeals for the District of Columbia Circuit (“DC Circuit”) declined to rehear the unanimous ruling of a three-judge DC Circuit panel that denied the AFL-CIO’s request that the court compel the U.S. Occupational Safety and Health Administration (“OSHA”) to an emergency temporary standard (“ETS”) to protect workers from coronavirus.  This rejection of the AFL-CIO’s petition for rehearing en banc, signals that the AFL-CIO’s five-month effort to compel…
As the number of COVID-19 infections in certain states continues to rise, so does the number of states added to the tristate area travel advisory.  Ten additional states were added to the existing list, including the following: Illinois, Kentucky, Minnesota, Puerto Rico and Washington D.C. Travelers from these states, as well as Alabama, Alaska, Arkansas, Arizona, California, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Maryland, Missouri, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, South Carolina,…
How times change. In 2017, a foul-mouthed advocate of purported employee rights delighted in outing on Facebook his boss—a hard-driving banquet manager who clearly didn’t get the whole employee-relations thing—as a “nasty mother****er.” (To make his disdain inescapably clear, he also posted something about the boss’s mom.) Seldom given the opportunity to blog about something so lurid, we delighted in reprinting the post in full [note: not appropriate for children]:…
On Monday, July 20, 2020, the U.S. Department of Labor published additional guidance, addressing questions arising from the COVID-19 pandemic under the Fair Labor Standards Act (“FLSA”), the Family and Medical Leave Act (“FMLA”), and the Families First Coronavirus Response Act (“FFCRA”). In this post, we highlight some of the guidance relating to wage and hour issues, and management of a remote workforce. This guidance is particularly apropos, as more and more employers realize that…
On Tuesday July 21, 2020, Kelley Drye’s Labor and Employment Practice hosted a webinar focused on best practices for navigating challenges of the “not so normal” workplace of 2020. A workplace where employers are challenged with new rules, laws, risks, and social issues brought on by the pandemic and a supercharged social and political climate. Two news stories since Tuesday made these challenges real. As we discussed in our webinar, employers are clearly navigating uncharted…
As the number of COVID-19 infections in certain states continues to rise, so does the number of states added to the tristate area travel advisory.  Ten additional states were added to the existing list, including the following: Alaska, Delaware, Indiana, Maryland, Missouri, Montana, North Dakota, Nebraska, Virginia and Washington.  Travelers from these states, as well as Alabama, Arkansas, Arizona, California, Florida, Georgia, Idaho, Iowa, Louisiana, Mississippi, Nevada, North Carolina, South Carolina, Tennessee, Texas, and Utah,…
The IRS recently issued further guidance under the CARES Act expanding the categories of individuals eligible for coronavirus-related plan distributions and loans, and providing additional administrative guidance on relief offered under the Act. Background As described in our April 3, 2020 Advisory, the CARES Act: eliminates the 10% early withdrawal penalty on up to $100,000 in coronavirus-related distributions for qualifying individuals;   allows qualifying individuals to include coronavirus-related distributions in income over three years;…
Law360 (July 15, 2020, 4:21 PM EDT) — The coronavirus has been novel in more ways than one. On one end of the spectrum, employers confront new questions of almost philosophical dimensions. How much risk is too much risk? What risks should we ask our employees to accept? Where is the line between ordinary risk — the kind that employees undertake when they walk out the door every day to go to work — and…
As New York employers struggle to reopen their workplaces, implement new workplace COVID-19 policies, manage remote workers, and deal with employees who are quarantined, afraid of contracting COVID-19, afraid of the subway, and requesting job accommodations – this is a good moment to remember that all of the ‘old’ employment laws are still alive and well and being enforced. Earlier today the New York Attorney General reported a $1.5 million dollar settlement of a sexual…
JOIN US: TUESDAY, JULY 21, 2020 | 12:30PM EST Four months ago, the Dow was close to 30,000, employment rates were at historic highs, the coronavirus was still “novel,” and millions had not yet taken to the streets in global protests against police brutality and racial inequality. The workplace we now return to exists in this supercharged social and political climate, with new rules, laws, risks, and social issues creating new and uncharted waters for…