Labor and Employment Law Blog

Affinity Groups and Labor Laws

Employers should be aware that depending on the circumstances, Employee Resource Groups or diversity, equity, and inclusion groups may be considered labor organizations under the NLRA. Further, employers should avoid the appearance of interfering, dominating, or unlawfully supporting such organizations. To learn more, click here.  

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AM
Former Associate
JM
Of Counsel
JL
Partner
MZ

Voting Rights – Key Questions for Employers

Movie stars, musicians and athletes are popping up everywhere urging Americans to vote. Your employees are getting the message. So, what happens if an employee asks to take time off of work to vote? Do you have to grant the time off? Do you have to pay for the time? The answers to these questions […]

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TB
SP
Partner
DW
MZ

Eligibility for Families First Coronavirus Response Act Leave Under Different School Reopening Models

The Families First Coronavirus Response Act (“FFCRA”) provides covered employees with up to 10 days of emergency paid sick leave and up to 12 workweeks of expanded family and medical leave, 10 workweeks of which are paid, if they cannot work or telework because they need to care for a child whose school is closed […]

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MZ
TB
WC
GM

Employees’ Refusal to Work Over Coronavirus Concerns

As a result of the COVID-19 pandemic, most businesses were faced with making difficult decisions regarding their workforce. The U.S. Bureau of Labor Statistics reported that, in April, the unemployment rate rose to 14.7 percent totaling 23.1 million unemployed. While the number of new unemployment claims appears to be dropping, for the week ending May 2, 2020, […]

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JM
Of Counsel
JY
MZ
TB
JK
SP
Partner
DW
EW
Former Partner

Updated EEOC Guidance for Employers Permits Testing for COVID-19

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently published updated and expanded technical assistance addressing questions arising under federal equal employment opportunity laws related to the COVID-19 pandemic. The April 23, 2020 guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” expands on previous guidance and addresses […]

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TB
KB
JK
GM
SP
Partner
DW
JW
EW
Former Partner
MZ

Families First Coronavirus Response Act: Summary of the Employment Provisions of the New Law

On March 18, President Donald Trump signed the Families First Coronavirus Response Act (“FFCRA” or the “Act”), taking a major step to provide paid leave to workers affected by COVID-19 and blunt the effects of the virus on the U.S. economy. We summarize the employment provisions of the Act here.

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RW
EW
Former Partner
MZ
AC
KB

Paid Sick Time Under the Families First Coronavirus Response Act

Early on March 14, 2020, the U.S. House of Representatives passed House Bill 6201, titled the “Families First Coronavirus Response Act.”  The bill is expected to be voted on by the U.S. Senate early this week. If passed by the Senate, Section 5101 of the bill, the “Emergency Paid Sick Leave Act” will require employers […]

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MZ

New CROWN Laws: Natural Hair and Protective Hairstyles in the Workplace

With the start of the new year, California’s new law prohibiting hair discrimination has taken effect. Although California was the first state to prohibit discrimination on the basis of hair, similar legislation is appearing across the United States. New York and New Jersey have since joined California to prohibit hair discrimination, with New York City and Montgomery […]

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MZ
RB
Former Associate

No Crystal Ball for the ADA: Future Disabilities Not Protected Under Act

On October 29, 2019, a panel of Seventh Circuit Appellate Court Judges held that the Americans with Disabilities Act (ADA) does not cover alleged discrimination based on future impairments. Shell v. Burlington N. Santa Fe Ry. Co., No. 19-1030, 2019 WL 5558090 (7th Cir. Oct. 29, 2019). The unanimous three-Judge panel ruled in favor of employer, BNSF […]

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SP
Former Associate
MZ

Proposed New FMLA Forms Under Review

The U.S. Department of Labor (the “DOL”) is revising its optional-use notice forms under the Family Medical Leave Act (the “FMLA”).  The DOL has reported that the changes are being made to increase compliance with the FMLA, make the forms more user-friendly, and reduce the number of forms employers receive that are returned incomplete or […]

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MZ