New York State Issues Additional Guidance on COVID-19 Quarantine Leave Law
Latest from Law and the Workplace - Page 2
Biden DOL Tosses Trump-Era “PRO Good Guidance Rule”
Massachusetts Appeals Court Weighs In On Public Policy Exception To General At-Will Employee Termination Clause
The Massachusetts Appeals Court, in a slip op opinion issued on January 20, 2021, decided that at-will employees can be terminated for submitting rebuttal letters pursuant to G.L.c. 149, §52C (“Section 52C”), and cannot avail themselves of the public policy exception to the general rule that an employee at will may be terminated without cause.
In Terence Meehan v. Medical Information Technology, Inc., plaintiff Terence Meehan argued that he was wrongfully terminated in violation of…
White House “Regulatory Freeze” Memo Dooms DOL Independent Contractor Rule
EEOC Says that Non-U.S Citizen Employees Working Outside the U.S. Need Not Be Included in OWBPA Disclosures
On January 14, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) approved a formal opinion letter clarifying that non-U.S. citizen employees of American employers working outside the United States need not be included in disclosures required to waive age discrimination claims under the Age Discrimination in Employment Act (“ADEA”), as amended by the Older Workers Benefit Protection Act (“OWBPA”).
OWBPA Requirements for Releasing ADEA Claims
Employers conducting workforce reductions often seek a release of employment-related…
DC Mayor Signs Act Creating Near Total Ban on Non-Compete Agreements for DC Employees
On January 11, 2020, Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) into law, moving the District one step closer to implementing one of the broadest, if not the broadest bans on non-competition agreements in the country. As we previously reported, in December 2020, the DC Council passed the Act, which broadly prohibits non-competes in the District subject to certain very narrow exceptions. Indeed, the Act, the specifics…
DOL Issues Opinion Letters on Administrative Exemption and Ministerial Exception
President-Elect Biden Nominates Marty Walsh for Secretary of Labor
On January 7, 2021, President-elect Joe Biden announced Boston Mayor Marty Walsh as his nominee for Secretary of Labor. If confirmed, Mayor Walsh would represent a stark contrast to incumbent Labor Secretary, longtime management attorney Eugene Scalia. Walsh served as the president of Laborers’ Union Local 223 prior to being elected Mayor. AFL-CIO President Richard Trumka publicly endorsed Walsh for the position of Labor Secretary and praised the selection, underscoring Walsh’s background in organized labor.…
Significant Workplace Changes in Store Under the Biden Administration
From pay equity to an increased minimum wage, pro-worker and pro-union labor policies, and additional anti-discrimination protections, President-elect Biden has touted support for numerous legislative and regulatory proposals that would significantly change the employment and labor law landscape. Bolstered by Democrat victories in the Georgia Senate runoff elections (and the resulting unified Congress, the first in nine years), employers can expect new and amended workplace laws and rules in 2021. We highlight below several of…
Trump DOL Issues Two More “Lame Duck” Opinion Letters, on Home-to-Office Travel Time and Live-In Caregivers
