In one of the year’s most anticipated court decisions for the trucking industry, International Brotherhood of Teamsters, Local 2785, et al. v. Federal Motor Carrier Safety Administration, No. 19-70413 (January 15, 2021), the U.S. Court of Appeals for the Ninth Circuit upheld a Federal Motor Carrier Safety Administration (FMCSA) ruling that federal rest break regulations preempted California’s meal and rest break rules, as applied to drivers of property-carrying commercial motor vehicles.
On January 12, 2021, Governor Mike DeWine signed into law House Bill (H.B.) 352, which makes significant and sweeping changes to how employment discrimination claims will be handled in the State of Ohio. H.B. 352 amends pertinent sections of Ohio Revised Code 4112, which contains Ohio’s employment discrimination laws, in the following ways.
On December 22, 2020, New Orleans Mayor LaToya Cantrell signed into law the CROWN Act (Calendar No. 33,184). The new law prohibits employment discrimination in the City of New Orleans based on hairstyles. The law is modeled after federal legislation introduced in January 2020—the Creating a Respectful and Open World for Natural Hair Act (CROWN Act)—designed to correct racial and cultural inequities by making hair discrimination illegal in the United States.
On January 12, 2021, the Fifth Circuit Court of Appeals issued a landmark decision rewriting the rules for obtaining certification in collective actions under the Fair Labor Standards Act (FLSA).
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.
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.
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.
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 constitutes a “salary” or what it means for an employee to be paid on a salary basis for the purposes of the exemption. A recent California Court of Appeal decision, however, sheds some light on the issue.
On December 16, 2020, the San Francisco Department of Public Health (SFDPH) issued Order of the Health Officer No. C19-17 due to a surge in COVID-19 cases that the department said could quickly “overwhelm hospitals” in the county, as well as the rest of California, unless the City took measures to try to control the virus’ spread. With some exceptions, the order requires “every person who travels to, moves to, or returns to the County [of San Francisco] after having been in any location outside of the Bay Area” to quarantine for a period of 10 days (240 hours) from a person’s time of arrival in the county.
Several states’ minimum wage rates will increase in 2021. The following chart lists the state (and certain major locality) minimum wage increases for 2021—and future years, if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees.
Just as the whirlwind of 2020 winds down, Massachusetts employers are preparing for what is perhaps the most significant legislative update for worker leave in the past five years. On January 1, 2021, the Massachusetts Paid Family and Medical Leave Act (PFML) will begin providing benefits to eligible workers for qualifying reasons. As the effective date approaches, employers may want to be aware of their obligations under the law and the latest guidance issued by the DFML. The DFML will continue to issue guidance as the effective date approaches. Here is an overview of this new leave program along with recent updates and answers to frequently asked questions.
Back in January, management-side labor and employment lawyers in Colorado thought the biggest wage and hour compliance issue for 2020 would be limited to ensuring clients were up to date on the expanded meal and rest break requirements of the Colorado Overtime and Minimum Pay Standards Order #36 (COMPS #36). What has transpired in the months since then has been truly dizzying: a barrage of legal and regulatory developments ranging from drastically overhauled COMPS exemptions to an entirely new paid sick leave requirement. Considering the pace at which these changes have progressed, it is possible that by the time this article is published, new rulemaking or guidance will have taken us in a different direction, but the following are some of the most important wage compliance issues to consider for Colorado employers as the new year looms.
Less than one month after the California Occupational Safety and Health Standards Board voted and approved an emergency COVID-19 regulation, Governor Newsom made changes to the regulation adding clarity and suspending the prescribed quarantine period of 14 days to the extent that the 14 days is longer than the quarantine period recommended by the California Department of Public Health.
Earlier this year, New York State enacted a statewide paid sick leave (PSL) law, which took effect on September 30, 2020. Entitlement to use leave under the law begins on January 1, 2021, and, the New York State Department of Labor (NYSDOL) has published PSL guidance and answers to frequently asked questions (FAQs). In order to provide greater clarity concerning the requirements of the law, on December 9, 2020, the NYSDOL published proposed regulations.
The Louisiana First Circuit Court of Appeal recently held in Derbonne v. State Police Commission, No. 2019 CA 1455 (October 14, 2020), that an employee whose duties require that he or she report violations of state law is not precluded from pursuing a claim for unlawful reprisal under Louisiana’s anti-reprisal or whistleblower statute, La. R.S. 23:967.
In November 2020, the Common Council for the City of Madison, Wisconsin, passed ordinances decriminalizing the possession and use of small amounts of cannabis or cannabis derivatives within city limits.
In Harrisburg Area Community College v. Pennsylvania Human Relations Commission, No. 654 C.D. 2019, (October 29, 2020), the Commonwealth Court of Pennsylvania recently examined the interaction between Pennsylvania’s Medical Marijuana Act (MMA) and the Pennsylvania Human Relations Act (PHRA). Specifically, the court addressed whether the PHRA’s prohibition against disability discrimination required a college to accommodate a student’s lawful use of medical marijuana under the MMA.
On November 6, 2020, the Oregon Occupational Safety and Health Administration (Oregon OSHA), the state plan responsible for overseeing workplace safety and health in the state of Oregon, released its final COVID-19 temporary rule. The temporary rule is effective November 16, 2020, through May 4, 2021, unless revised or repealed before that date.
On November 13, 2020, the State of North Dakota implemented several mitigation strategies to reduce the spread of COVID-19. First, North Dakota interim State Health Officer Dirk Wilke issued State Health Officer Order No. 2020-08. Second, Governor Doug Burgum issued Executive Order 2020-43.
On November 16, 2020, Iowa Governor Kim Reynolds issued a public health proclamation imposing public health measures on a variety of employers to help reduce the spread of COVID-19. The Iowa Department of Public Health also issued a brief summary of the proclamation. The proclamation went into effect on 12:01 a.m. on November 17, 2020, and will stay in effect until 11:59 p.m. on December 10, 2020.
On November 19, 2020, the California Occupational Safety and Health Standards Board voted and approved an emergency COVID-19 regulation governing employers and workplaces. That regulation is scheduled for adoption and implementation on November 30, 2020. Below are answers to some frequently asked questions that employers have expressed about the new emergency regulation.
On November 19, 2020, the California Occupational Safety and Health Standards Board, the standards-setting agency of the California Division of Occupational Safety and Health (Cal/OSHA), adopted an emergency standard regarding COVID-19 workplace prevention. The Standards Board submitted the new final rule to the Office of Administrative Law, which may approve the rule within as few as 10 days. This means employers may have to comply with the emergency standard as soon as Monday, November 30, 2020.
On November 18, 2020, Minnesota Governor Tim Walz dialed back Minnesota’s phased reopening and ongoing loosening of COVID-19–related restrictions by issuing Emergency Executive Order (EO) 20-99, “Implementing a Four Week Dial Back on Certain Activities to Slow the Spread of COVID-19.”
On November 13, 2020, Governor Jay Inslee issued a travel advisory for Washington State recommending a 14-day quarantine for all persons entering the state and encouraging residents to stay close to home.
Michigan’s rate of COVID-19 infection seems to be increasing each day, as does the volume of orders, rules, and guidance documents applicable to Michigan businesses operating during the COVID-19 pandemic.
On November 13, 2020, Ohio Governor Mike DeWine and Interim Director of the Ohio Department of Health Lance Himes issued a new director’s order enhancing face covering requirements for Ohio retailers, adding mandatory oversight obligations for employers, and providing greater enforcement power for local health departments and law enforcement.
Oregon voters approved two groundbreaking measures in the 2020 election season to become the first state in the nation to decriminalize personal possession of small amounts of certain controlled substances (Measure 110) and legalize the therapeutic usage of psilocybin in a controlled therapy setting (Measure 109). Many employers may be wondering what these measures mean and how their workplaces and existing employment policies might be impacted.
For several months, health officials have cautioned the public that the rate of positive cases of COVID-19 would spike as temperatures turned colder. In recent days, it has become clear that cases in Maryland have risen exponentially. Maryland’s government has responded to the rising caseload by issuing two recent directives designed to combat and slow the resurgence of the virus.