Latest from Ogletree Deakins Insights - Page 2

On December 31, 2020, the Florida Supreme Court rendered an opinion in In Re: Amendments to Florida Rule of Civil Procedure 1.1510, No. SC20-1490, aligning Florida’s rules of civil procedure with the supermajority of U.S. states and formally adopting the federal standard for summary judgment motions. The decision came on the heels of another case, Wilsonart, LLC, et al. v. Lopez, No. SC19-1336 (Fla. Dec. 31, 2020), in which the Florida Supreme Court…
On January 8, 2021, the U.S. Department of Homeland Security (DHS) published a final rule that significantly alters the longstanding randomized lottery process that U.S. Citizenship and Immigration Services (USCIS) has utilized to select H-1B cap-based petitions. Background There is a fiscal year annual numerical limit placed on the number of foreign workers authorized for an initial grant of H-1B visa status. The annual cap provides for 65,000 initial H-1B visas, with an additional 20,000…
Employers will now have additional options to address participants’ unspent contributions to dependent care or health flexible spending accounts (FSAs) resulting from the COVID-19 pandemic. The Consolidated Appropriations Act, 2021 (H.R. 133, P.L. 116-260), signed into law on December 27, 2020, provides temporary relief for employees that were unable to spend down their dependent care and health FSAs by the end of the plan year and may otherwise forfeit these contributions. The latest federal COVID-19…
On January 8, 2021, the California Division of Occupational Safety and Health (Cal/OSHA) issued an updated version of its frequently asked questions (FAQs) guidance, “COVID-19 Emergency Temporary Standards Frequently Asked Questions,” about COVID-19 Emergency Temporary Standards. The FAQs address many issues about which employers had questions, including paid time off and exclusion pay. Under the emergency temporary standards, employers must “[e]xclude from the workplace employees who test positive for COVID-19 and employees with COVID-19…
On January 5, 2021, New York City Mayor Bill de Blasio signed legislation that effectively ends at-will employment for fast food employees in New York City. The new law takes effect on July 4, 2021, and would make New York City the nation’s first jurisdiction to create job protections for a particular industry. However, at least some portions of the new law may be ripe to challenge on federal preemption and other grounds. The new…
On 4 January 2021, Prime Minister Boris Johnson announced a third national lockdown in England. The regulations allow the lockdown to continue until 31 March 2021, although the restrictions are expected to be reviewed in mid-February to allow for the possible reopening of schools. All of the United Kingdom is now under strict measures to curb the spread of the new fast-spreading COVID-19 variant—with Wales, Northern Ireland and most of Scotland also in lockdown (although…
On January 6, 2021, the Québec government announced new COVID-19 restrictions that will take effect from January 9, 2021, through February 8, 2021. The primary measure, which Premier François Legault described as an “electroshock” to curb the spread of COVID-19, is the imposition of an overnight curfew. The government will enforce an overnight curfew between the hours of 8:00 p.m. and 5:00 a.m. In the wake of similar COVID-19-related lockdown measures in France and Great…
Under California law, an employee is exempt from California’s overtime requirements and other wage and hour laws if the person is employed in an administrative capacity. To meet this exemption, California’s wage orders and the California Labor Code provide that an employee must perform certain job duties and be paid a monthly salary equivalent to at least twice the state minimum wage for full-time employment. Neither the Labor Code nor the wage orders define what…
On January 4, 2021, the City of Toronto announced that employers and workplaces operating in Toronto’s public health unit will be subject to new reporting requirements regarding positive COVID-19 cases. In addition, Toronto Public Health announced that it will begin reporting data on workplace outbreaks effective January 7, 2021. Reporting Outbreaks to Toronto Public Health On January 4, 2021, Toronto’s medical officer of health, Dr. Eileen de Villa, issued a Letter of Instruction to all…
Chaos in the Capitol. The calendar may read 2021, but in Washington, D.C., it sure feels a lot like 2020. The spectacle of rioters laying siege to the U.S. Capitol on January 6, 2021, was horrific. The Buzz sincerely hopes that this moment represents the low point in our current politics, that reckoning and reconciliation can take place, and that our political parties can move forward and work together constructively in 2021 and beyond. 2021…