Latest from Ogletree Deakins Insights

On September 16, 2020, in Peeples v. Clinical Support Options, Inc., No. 3:20-cv-30144, a federal district court in Massachusetts took the unusual step of precluding an employer from discharging an employee who claimed an inability to work in the office due to a disability, and ordered the employer to allow the employee to telework for at least 60 days. Background Gabriel Peeples (whom the district court refers to as “they,” “them,” and “their”) is an…
Following a review of the Modern Slavery Act 2015 (MSA) and the Home Office ‘Transparency in Supply Chains Consultation’ that closed in September 2019, the UK government is proposing a tightening of the reporting requirements placed on companies and public sector organisations under the MSA. The changes proposed by the government in response to the consultations would extend the number of organisations subject to MSA reporting obligations; introduce binding rules on the content, timing, and…
Since September 22, 2020, when President Donald J. Trump signed an executive order (EO) titled “Executive Order on Combating Race and Sex Stereotyping,” the Office of Federal Contractor Compliance Programs (OFCCP) rolled out several sources to provide guidance to federal contractors and subcontractors and other stakeholders on what to expect next. FAQs On October 7, 2020, OFCCP published much anticipated guidance on how it would enforce EO 13950. The frequently asked questions (FAQs)…
Michigan Governor Gretchen Whitmer recently signed into law four bills that encourage employers to resume business in compliance with all COVID-19 safeguards required under the various federal, state, and local statutes, rules, regulations, executive orders, and agency orders. The new laws provide a significant reward for an employer’s compliance: insulation from COVID-19–related liability—including tort claims and claims under the Michigan Occupational Safety and Health Act of 1974 (MIOSHA)—as long as the employer was implementing all…
Sweet Asteroid of Death. There are 11 days until Election Day, November 3, 2020. For voters who are unhappy with the available options, there may be some good news: an asteroid may crash into Earth on November 2, 2020, perhaps canceling the remainder of 2020 and obviating the need to cast a ballot on Election Day. SCOTUS Update. On October 22, 2020, the U.S. Senate Committee on the Judiciary approved the nomination of Judge…
On September 28, 2020, Governor Gavin Newsom signed Assembly Bill (AB) 2992, which amends California Labor Code Sections 230 and 230.1 and prohibits an employer from “discharging, or discriminating or retaliating against, an employee who is a victim of crime or abuse[,] for taking time off from work to obtain or attempt to obtain relief.” AB 2992 expands existing law providing protected leave for employees who are victims of domestic violence, sexual assault, or…
On October 14, 2020, the Florida Fourth District Court of Appeal granted a petition for a writ of certiorari quashing a trial court’s discovery order that had compelled an employer to produce “financial worth” discovery in an employment discrimination case. While the trial court retained broad discretion over the scope of discovery, the appellate court held that the employee lacked an evidentiary basis to substantiate the need for financial worth discovery.…