Insights Archive - Ogletree Deakins

Japan’s COVID-19 Response Could Indicate a Global Shift in Daily Workplace Disease Prevention Practices

Recognizing that Japan has entered a new phase in its fight against the spread of Coronavirus Disease 2019 (COVID-19), Japan officials announced a preemptive approach geared toward risk mitigation and slowing down the spread of the virus to prevent a spike in infections. This strategy, which includes strengthening testing and quarantining capacities, could have long-term impacts on employment practices, particularly in office-based environments in which technology provides more adaptive flexibility.

Bonnie Puckett Atlanta Author

ACA Checkup: What Do Employers Need to Know in 2020?

Despite multiple challenges, many portions of the Patient Protection and Affordable Care Act (ACA) are still in effect and employers are taking steps to remain in compliance with the law. This fact sheet is intended as a quick checkup as businesses prepare for reporting on coverage offered under their employer-sponsored healthcare plans in 2019 and develop their compliance strategies for 2020.

Shardé T. Skahan Los Angeles Author

Have You Gone Far Enough With a Coronavirus Crisis Management Plan?

It appears that we are in “hurry up and wait” mode. We know that COVID-19 (i.e., the 2019 Novel Coronavirus) has been diagnosed among individuals in the United States, and, reportedly, has been contained. We also know that upon diagnoses in South Korea and Italy, the virus began to spread rapidly. We have all been watching China to see how severely the closures of businesses would impact its economy and the global supply chain.

Katherine Dudley Helms Columbia Author

20 Tips for U.S. Virgin Islands Employers in 2020: Workers’ Compensation Insurance Update

Conducting business in the Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part blog series will offer tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part one of this series addresses workers’ compensation insurance.

Simone R.D. Francis St. Thomas
New York City Author

China Provides Return-to-Work Guidance for Employers Dealing With End of Spring Festival Holidays and Ongoing Coronavirus Epidemic

The outbreak of the 2019 Novel Coronavirus (now designated COVID-19) caused massive disruption in China, including a nationwide extension of its Spring Festival holidays. Though February 10, 2020, was the last “public holiday,” some businesses remain closed, and many still encourage China-based employees to work from home.

Bonnie Puckett Atlanta Author

Skye Hao Atlanta Author

Treble Ahead? SJC Opinion Offers Damages Caution for Massachusetts Employers With Commissioned Employees

On February 12, 2020, the Massachusetts Supreme Judicial Court (SJC) issued an opinion with significant implications for Massachusetts employers with commissioned employees.

Laurielle Howe Boston Author

Mark H. Burak Boston
Portland (ME) Author

The CSB Adopts Final Accidental-Release Reporting Regulations

The U.S. Chemical Safety and Hazard Investigation Board (CSB) adopted regulations on February 21, 2020, under the Clean Air Act requiring the reporting of certain accidental releases. Their purpose is to enable the CSB to more quickly determine which incidents it should investigate.

Arthur G. Sapper Washington D.C. Author

Beltway Buzz, February 21, 2020

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.

James J. Plunkett Washington D.C. Author

Cal/OSHA Standards Board Approves Nighttime Outdoor Agricultural Regulations

On February 20, 2020, at its monthly public meeting, the California Occupational Safety and Health Standards Board voted unanimously to approve the proposed “Outdoor Agricultural Operations During Hours of Darkness” regulation that amends Title 8 of the California Code of Regulations (CCR), Sections 3441 and 3449.

Karen F. Tynan Sacramento Author

H-1B Registration Update: Petitioning Employers Can Create Registrant Accounts Beginning February 24, 2020

U.S. Citizenship and Immigration Services (USCIS) is set to take a big first step toward the implementation of its new electronic registration system for fiscal year (FY) 2021 H-1B cap cases (those subject to the annual quota).

Andrew G. Drozdowski Raleigh Author

An Update on St. Petersburg’s Wage Theft Notice and Posting Requirements and Recent Amendments to Pinellas County’s Wage Theft Ordinance

In 2015, the City of St. Petersburg, Florida, approved an ordinance prohibiting wage theft in the city. The Wage Theft Ordinance (WTO) “aims to eliminate the underpayment or nonpayment of wages” by giving private employees within the city’s limits an administrative process for seeking back wages, liquidated damages, and costs and attorney’s fees. Pinellas County maintains a similar, though not identical, wage theft ordinance.

Eliza N. Horne Tampa Author

OSHRC Gains a Quorum—Commissioners Attwood and Laihow Sworn Into Office

On January 22, 2020, Cynthia Attwood and Amanda Wood Laihow were sworn in to serve their respective appointments as commissioners of the Occupational Safety and Health Review Commission (OSHRC).

Shontell Powell Atlanta Author

Jaslyn W. Johnson Atlanta Author

OSHA’s Electronic Recordkeeping Deadline Is Fast Approaching: Are You Ready?

An important deadline is upon us: March 2, 2020, is the deadline for electronically reporting OSHA Form 300A data for calendar year 2019.

Shontell Powell Atlanta Author

Jaslyn W. Johnson Atlanta Author

John C. Artz Pittsburgh Author

HHS Proposed Guidance Would Clarify Rules for Drug Manufacturer Coupons

The Department of Health and Human Services (HHS) revisited the treatment of prescription drug manufacturer coupons in a proposed rule, published on February 6, 2020, that could be welcome news for employers that have been struggling to interpret conflicting guidance concerning these coupons.

Hillary M. Sizer Chicago Author

Jessica Kuester Indianapolis Author

Second Circuit Rejects Proportionality Standard in FLSA Settlement Agreements When Determining Attorneys’ Fees

In a 29-page decision, the U.S. Court of Appeals for the Second Circuit held in Fisher v. SD Protection Inc., No. 18-2504, that a district court had abused its discretion by rewriting a Fair Labor Standards Act (FLSA) settlement agreement to modify the allotment of the settlement funds to dramatically reduce the fees and costs provided to plaintiff’s counsel. In its holding, issued on February 4, 2020, the court determined that the district court had committed three errors requiring that its decision be vacated and remanded for further consideration.

Jessica R. Schild New York City Author

David B. Feldman New York City Author

Keeping Up With New Jersey Employment Law Developments

It was a busy January 2020 in Trenton, with the state enacting several new employment laws, with more apparently on the way. This is in addition to the slew of new laws adopted in 2019 impacting New Jersey employers. Here’s a summary of recent employment law developments in New Jersey just one month into 2020, a look at what may be on the way, and a recap of 2019’s changes.

Mark Diana Morristown Author

Massachusetts High Court Clarifies Standards for Judicial Review of Anti-Raiding Provisions in Restrictive Covenants

The Massachusetts Supreme Judicial Court (SJC), the Commonwealth’s highest court, recently clarified the standards applicable to analyzing nonsolicitation and anti-raid restrictive covenants following the sale of a business—an area of law where state appellate court jurisprudence had been lacking.

Alexandra E. Shaw Boston Author

Michael K. Clarkson Boston Author

Beltway Buzz, February 14, 2020

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.

James J. Plunkett Washington D.C. Author

California Supreme Court to Review Meal and Rest Period Premium Calculation Case

The Supreme Court of California recently agreed to review the California Court of Appeal’s decision in Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239 (2019), as limited to the following question: Did the Legislature intend the term “regular rate of compensation” in Labor Code section 226.7, which requires employers to pay a wage premium if they fail to provide a legally compliant meal period or rest break, to have the same meaning and require the same calculations as the term “regular rate of pay” under Labor Code section 510(a), which requires employers to pay a wage premium for each overtime hour?

Ryan H. Crosner Los Angeles Author

Julie A. Gladstone Los Angeles Author

CDC Issues Coronavirus Guidance

On February 7, 2020, the Centers for Disease Control and Prevention (CDC) issued its Interim Guidance for Businesses and Employers to Plan and Respond to 2019 Novel Coronavirus (2019-nCoV), February 2020. The interim guidance contains numerous recommendations employers may wish to consider as questions relating to the coronavirus 2019-nCoV arise.

Michael Oliver Eckard Charleston
Atlanta Author

Federal OSHA Releases Guidance on 2019 Novel Coronavirus for Employers

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has released guidance for the 2019 Novel Coronavirus (2019-nCov). OSHA notes that measures for protecting works depends on the “the type of work being performed and exposure risk, including potential for interaction with infectious people and contamination of the work environment.”

Sean Paisan Orange County Author

Pennsylvania May More Than Double the Salary Threshold to Qualify for Overtime Exemptions

On January 31, 2020, the Pennsylvania Independent Regulatory Review Commission approved the Pennsylvania Department of Labor and Industry’s (DLI) amendments to 34 Pa. Code Chapter 231, the regulations that exempt executive, administrative, and professional (“white collar”) salaried workers from overtime requirements under the Pennsylvania Minimum Wage Act of 1968.

Rachel C. Stone Philadelphia Author

DHS Restricts New York Residents’ Enrollment and Renewal Eligibility for Trusted Traveler Programs

The Department of Homeland Security (DHS) has suspended New Yorkers’ eligibility to apply for or renew their enrollment in four Trusted Traveler Programs (TTPs) administered by Customs and Border Protection (CBP). The suspension went into effect on February 5, 2020, in response to New York’s Driver’s License Access and Privacy Act, commonly called the “Green Light Law.”

Melissa Manna Raleigh Author

Alexandra Holland Atlanta Author

Philadelphia Employers No Longer Free to Inquire About Prospective Employee Salary History

On February 6, 2020, the U.S. Court of Appeals for the Third Circuit vacated U.S. District Judge Mitchell S. Goldberg’s prior order partially blocking the City of Philadelphia’s pay equity ordinance from going into effect.

Jacqueline R. Barrett Philadelphia Author

Jessica M. Bocchinfuso Philadelphia Author

Love at Work: 5 Things for Employers to Know

Workplace romances are inevitable. According to a recent survey by the Society for Human Resource Management, one out of every three American adults is or has previously been in a workplace romance. Given this reality, coupled with the #MeToo movement and the resulting renewed emphasis on preventing workplace sexual harassment, it is important to have a basic understanding of the key practical and legal issues surrounding workplace relationships.

Jennifer G. Betts Pittsburgh Author

The Protecting the Right to Organize (PRO Act) of 2019: An Outline of its Proposed Labor Reforms

On February 6, 2020, the House of Representatives passed H.R. 2474, The Protecting the Right to Organize Act of 2019 (PRO Act). The PRO Act would fundamentally alter federal labor law by dramatically tilting the playing field in favor of labor unions at the expense of employers and employees.

Ethan Picone Greenville Author

James J. Plunkett Washington D.C. Author

The Who, What, and When on Illinois’s Mandatory Sexual Harassment Prevention Training

Now a little more than one month into the new year, Illinois employers are under pressure to comply with several new laws increasing protections against discrimination and harassment. Among them, amendments to the Illinois Human Rights Act require employers to provide sexual harassment prevention training before December 31, 2020, and each calendar year after that. New guidance published January 31, 2020, by the Illinois Department of Human Rights (IDHR) clarifies key aspects of the new law.

Colleen G. DeRosa Chicago Author

Melissa A. Ortega Chicago Author

Beltway Buzz, February 7, 2020

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.

James J. Plunkett Washington D.C. Author

Cal/OSHA Issues Coronavirus Guidance for Employers

The California Division of Occupational Safety and Health (Cal/OSHA) has released Interim Guidance for Protecting Health Care Workers from Exposure to 2019 Novel Coronavirus (2019-nCoV). This guidance pertains to “health care facilities, laboratories, public health services, police services and other locations where employees are reasonably anticipated to be exposed to confirmed or suspected cases of aerosol transmissible diseases.”

Sean Paisan Orange County Author

Employer Alert—Coronavirus Travel Restrictions Update

On February 2, 2020, the United States joined a growing list of countries that have implemented travel restrictions for those at risk of transmitting the 2019 Novel Coronavirus (2019-nCoV).

Melissa Manna Raleigh Author

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