US: New key COVID-19 employment and labor issues
COVID-19, the 2019 novel coronavirus (“COVID-19” or the “coronavirus”) continues to stress US employers attempting to prevent the disease from spreading in their workplaces while continuing to operate effectively. With each passing day, health authorities provide more information about the spread of the disease and federal, state and local governments impose additional restrictions that impact
How are pregnant employees in California protected in the event of a redundancy?
Both federal and California laws provide numerous safeguards to protect pregnant employees before, during, and after childbirth. Protections include prohibitions against discrimination during hiring and employment, and against termination based on pregnancy or pregnancy-related conditions, even if legitimate bases also exist for the employer’s conduct. When federal and California laws differ, the employer must provide
Minnesota addresses architectural barriers to public places: 2016 amendments to its Human Rights Act
Introduction
Minnesota businesses may soon see differences in disability access claims.
On May 22, 2016, Minnesota’s Governor Mark Dayton signed into law a new amendment to the Minnesota Human Rights Act (“MHRA”). The amendment governs what must occur before attorneys can bring suit under the MHRA challenging architectural barriers that limit accessibility to public spaces.
Launch of the new Global Workplace Report
The Global Workplace Report is a monthly summary of our most popular blog articles from our Global Workplace Insider blog. This report provides concise commentary and insight essential for employers that want to stay current on the legal and business developments and trends impacting employment and labor matters globally.
Global employment and labor trends
United
New era of representative evidence? Time will tell
On March 22, 2016, in a 6-2 decision, the US Supreme Court greenlighted the use of representative evidence in the federal wage and hour class case of Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146. The Court approved the use of statistical averaging of employee donning and doffing time in connection with Fair Labor Standards Act (FLSA) class certification. The opinion discusses several limiting factors that employers will no doubt argue constrains its applicability, especially outside the FLSA context.
NLRB passes on football players’ employee status
On August 17, 2015, the National Labor Relations Board (NLRB) declined to assert jurisdiction to determine whether the Northwestern University (Northwestern) scholarship football players should be considered employees under the National Labor Relations Act (NLRA).
In April, we reported that the Regional Director of Region 13 of the NLRB found that scholarship football players from
Headwinds and headscarves – Charting a prudent course for employers in the wake of EEOC v. Abercrombie & Fitch
On June 1, 2015, the Supreme Court of the United States, in EEOC v. Abercrombie & Fitch Stores, Inc., held that an employer need not have actual knowledge of the need for religious accommodation to be liable for a hiring decision if the employer refuses to accommodate a perceived need for a religious accommodation.
Pregnancy discrimination: a hot topic for 2015
In the U
nited States, the Federal Pregnancy Discrimination Act (“PDA”) has long forbidden an employer with fifteen or more employees from pregnancy-related discrimination. 42 U.S.C. § 2000(e) et seq. Similar laws have likewise long existed in many states and cities. See, e.g., Minn. Stat. Ch. 363A (sex includes pregnancy).
But 2014 developments raised the
Are scholarship football players employees? NLRB to hear appeal and take comments
Earlier this year, the Regional Director of Region 13 of the NLRB found that scholarship football players at Northwestern University are “employees” under Section 2(3) of the National Labor Relations Act. Northwestern University v. College Athletes Players Association, Case 13-RC-121359 (N.L.R.B. Mar. 26, 2014).
The Regional Director’s decision turned largely on the amount of