Latest from Ogletree Deakins Insights - Page 2

On September 11, 2020, the U.S. Department of Labor (DOL) partially ended the mystery of when and how it would respond to the August 3, 2020, decision from the United States District Court for the Southern District of New York in which the court—stating that the DOL had “jumped the rail”—struck down several provisions of the DOL’s final rule implementing the emergency family leave and paid sick leave provisions of the Families First Coronavirus Response
As we previously reported, since the outset of the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) has issued instructions, statements, and guidance to help employers navigate COVID-19’s workplace impact. On September 8, 2020, the EEOC updated its “Technical Assistance Questions and Answers,” which include updates relating to COVID-19 and the Americans with Disabilities Act (ADA) and other equal employment opportunity laws previously published in the agency’s “Technical Assistance Guidance on Disability Accommodation.”…
In the past several years, marijuana legalization has become an increasingly difficult issue for employers to navigate. Marijuana legalization raises challenging workplace questions related to drug testing, disability accommodation, workplace safety, hiring, and employment termination, among other issues. Because of the fast-evolving nature of marijuana laws, and the wide variance in laws and protections from state to state, employers have struggled to keep up.…
Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part 10 of this series addresses the laws relevant to tracking hours worked and compensating hourly employees for regular and overtime hours.…
Recently, and for the first time in more than 20 years, the United States Court of Appeals for the First Circuit ruled on the transportation worker exemption contained in Section 1 of the Federal Arbitration Act (FAA). In Waithaka v. Amazon.com, Inc., 966 F.3d 10 (1st Cir. 2020), the court of appeals upheld a district court’s decision not to compel Amazon “AmFlex” delivery drivers (who are independent contractors) to arbitrate their wage claims. The decision…
On August 10, 2020, the German Federal Ministry of Labor and Social Affairs (Bundesministerium für Arbeit und Soziales (BMAS)) published the SARS-CoV-2 Occupational Safety and Health Regulation (SARS-CoV-2 Arbeitsschutzregel). For the duration of the coronavirus pandemic, this regulation, which became effective on August 20, 2020, specifies the requirements for occupational safety to reduce the risk of infection at the workplace. In doing so, BMAS is applying the presumed period of the national epidemic situation according…
Ohio employers will likely soon enjoy greater legal protections when it comes to their efforts to stem the spread of COVID-19. Acknowledging the legal uncertainties faced by essential workers and businesses in the wake of reopening, the Ohio Senate on September 2, 2020, passed House Bill (H.B.) 606, a measure which, if signed into law (and it is expected that Governor Mike DeWine will sign the bill very quickly), would grant state-law immunity from civil…