Court says COVID-19 is not a “natural disaster” for purposes of WARN Act; refuses to dismiss case on grounds that layoffs precipitated by COVID-19 were “unforeseeable business circumstances.” No employer has escaped the impact of COVID-19. Although some have managed to weather the pandemic, others have been financially devastated by widespread shutdown orders and other
The Employment Appeal Tribunal has recently handed down a judgment which serves as a useful reminder for employers of the risks of taking disciplinary action against union representatives for behaviour which may look like misconduct but which actually constitutes union activity. By way of background, section 146(1)(b) of the Trade Union and Labour Relations (Consolidation)
The range of employers who may be liable for the misclassification of workers just got bigger. On January 14, 2021, the California Supreme Court decided that the decision in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 (Dynamex) applies retroactively to all non-final cases that predate the April 2018 Dynamex decision. Dynamex
On Friday last week the Financial Times reported on proposals from the Business Department to “rip up worker protections” under the current Working Time Regulations. But simultaneously on BBC News online, look, it’s the Business Secretary himself denying on twitter any notion that his department is planning to dilute UK workers’ rights. The very idea.
January 15, 1929-April 4, 1968 “The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.” Rest in peace, Dr. King. Image Credit: From flickr, Creative Commons license, by caboindex.
Last week (while I was on vacay), the Equal Employment Opportunity Commission issued proposed regulations on wellness programs and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. This has been a longstanding area of controversy and question, and I have written about it many times. Many wellness programs ask participants for medical
I have long been a fan of the voluntary mediation program offered by the U.S. Equal Employment Opportunity Commission. As most of you know, the program allows the parties to an EEOC charge to try to resolve it before the EEOC begins its investigation. It’s economical because it can dispose of a charge very early,
Last May the Equal Employment Opportunity Commission suspended its collection of EEO-1 (and EEO-3 and EEO-5) data because of the coronavirus pandemic. According to the agency, Recognizing the impact that the public health emergency was having on workplaces across America and the challenges that both employers and employees were facing, the EEOC delayed the collections
On January 6, 2021, the Department of Labor (“DOL”) announced a final rule clarifying the standard under the Fair Labor Standards Act (“FLSA”) for determining whether a worker is an independent contractor versus an employee. This distinction in critical under the FLSA, as employers must comply with its minimum wage and overtime requirements for employees,
[embedded content] February 1-4, 2021 Register for this event now It is no secret that the labor and employment law landscape looks very different than it did a year ago. This past year presented employers with countless challenges, but also provided tremendous opportunities to learn and adapt, and more changes loom on the horizon. As
The Department of Homeland Security (DHS) published a Final Rule, which, if left intact, will implement major changes to the H-1B visa program. The new rule would do away with the random lottery system currently used to issue the annual quota of 85,000 new H-1B visas and replace it with a selection system weighted to
Section 2206 of the CARES Act allowed an exclusion of up to $5,250 from an employee’s gross income, if an employer paid principal or interest on an employee’s “Qualified Education Loan”. Section 2206 of the CARES Act was only designed to be in effect for calendar year 2020. However, The Consolidated Appropriations Act, 2021 (the
Besides the COVID-19 pandemic, 2020 has also had its share of other disasters, including hurricanes, floods and fires. The Consolidated Appropriations Act, 2021 (the “CAA”) has provisions that are designed to provide tax relief for individuals and employers who have been adversely affected by one of the numerous federally declared “Qualified Disasters”. These provisions of
The Consolidated Appropriations Act, 2021 (the “CAA”) extends through June 30, 2021, the Employee Retention Credit provisions of Section 2301 of the CARES Act. It also favorably modifies the rules for claiming the Employee Retention Credits. These changes are generally effective as of January 1, 2021. These provisions of the CAA are found in Sections
So here we are all again and, says the Government’s latest guidance, able to leave home to work only where it is “unreasonable for you to do your job from home“. This is the umpteenth permutation of the same underlying message about working from home if you can, and was almost certainly meant to say
In a previous blog we noted that as of November 2020, Belgium would again be in semi-lockdown and that one of the measures re-imposed was the obligation to work from home, unless this is realistically impossible. Employees whose work requires them to go the office need a confirmatory certificate from their employer attesting to this
Presidential Proclamations 10014 and 10052 have been extended through March 31, 2021. The two proclamations, which suspend U.S. entry and visa issuance for many immigrant and nonimmigrant visa applicants outside the U.S., were set to end after December 31, 2020. Possible extensions were the subject of internal deliberations at the White House leading up to
The Employment Law Worldview Blog aims to interest and educate, to stimulate discussion, to provoke and sometimes just to amuse HR and other practitioners around the world. Through contributions from our own Labor & Employment lawyers, along with occasional guest writers, it provides a unique global insight into practical and legal HR issues relevant to
According to Bloomberg Law, the stimulus package passed by Congress on Monday night does not include an extension of the Families First Coronavirus Response Act. That means the FFCRA will expire as scheduled at 11:59 p.m. December 31. However, the package does reportedly include tax credits for employers who voluntarily provide paid leave to employees.