Alabama Governor Kay Ivey recently signed into law Senate Bill (SB) 9, which restricts Alabama employers from requiring COVID-19 vaccination as a condition of employment. SB 9 directs Alabama employers to “exempt vaccination as a condition of employment for any employee who has completed and submitted [an] exemption form” and “liberally construe [an] employee’s eligibility for an exemption in favor of the employee.”
On November 5, 2021, Alabama Governor Kay Ivey signed into law Senate Bill (SB) 9, restricting Alabama employers from requiring COVID-19 vaccination as a condition of employment. The law took effect immediately.
On December 1, 2020, Nasdaq filed a proposed rule with the U.S. Securities and Exchange Commission (SEC) that would require certain Nasdaq-listed companies to have at least two diverse directors (according to self-reported gender, race, and sexual orientation) or explain why the company has not been able to meet the proposed minimum diversity standards, and disclose certain board diversity-related statistics.
On December 1, 2020, the Nasdaq Stock Market LLC filed a proposal with the U.S. Securities and Exchange Commission (SEC) to establish a new rule that would require diversity on corporate boards of directors and transparency regarding the composition of boards.
On May 21, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued Considerations for Institutes of Higher Education, outlining recommendations and guidance on ways universities and colleges can safely open while helping to protect their students, faculty, staff, administrators, and community members. The CDC cautions that “[t]he more an individual interacts with others, and the longer that interaction, the higher the risk of COVID-19 spread.”
On April 28. 2020, the City of Birmingham became the first municipality in Alabama to require face coverings in public places within the city. In response to questions from employers regarding the ordinance’s impact on employees, the city issued guidance on May 1, 2020, and updated that guidance on May 5, 2020.
On April 27, 2020, the Florida Restaurant and Lodging Association (FRLA) released its Critical COVID-19 Guidance Standards for Hospitality Reopening. The FRLA, with input from its restaurant subject matter expert team, developed the guidance in order to safely and expediently reopen restaurants to combat the devastating impacts of the COVID-19 pandemic.
In response to COVID-19, state and local governments are issuing orders suspending “non-essential” business. At this point in the COVID-19 pandemic, construction work is often included on the list of essential business, particularly if it relates to utilities, telecommunications, transportation, and healthcare infrastructure.
In July 2019, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Opinion Letter FLSA2019-8 addressing whether paralegals are exempt from minimum wage and overtime requirements under Section 13(a)(1) of the Fair Labor Standards Act (FLSA).
A common challenge for employers of hourly or nonexempt employees who receive quarterly or annual nondiscretionary bonuses is how to factor such bonuses into the employees’ regular rates of pay and calculate the appropriate overtime premiums due to those employees who work more than 40 hours in a workweek. In July 2019, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Opinion Letter FLSA2019-7, which discusses how employers may account for overtime pay as part of annual and quarterly nondiscretionary bonuses.
On February 26, 2019, the Supreme Court of the United States ruled that under Rule 23(f) of the Federal Rules of Civil Procedure (FRCP), a petition for permission to appeal an order decertifying a class must be filed within 14 days from the date the district court issued its order.
The United States Department of Labor’s Wage and Hour Division (WHD) issued an opinion letter, FLSA2018-29, on December 21, 2018, concluding that members of a religious organization were not subject to the Fair Labor Standards Act (FLSA) based on the ministerial exception and, as an additional reason, because the members did not expect compensation for the work performed.
As catastrophic hurricanes threaten the southeastern region, Alabama employers may want to reflect on the state’s emergency response statute.