A California state judge has been asked to allow a Lyft driver’s worker misclassification lawsuit against the rideshare company to proceed separately from similar litigation being pursued by the California Labor Commissioner under the Private Attorneys General Act (PAGA).  Lyft driver Brandon Olson filed suit against the company in 2018, alleging that Lyft misclassified him and other drivers as independent Read More

The Equal Employment Opportunity Commission (EEOC) has updated its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws web page once again with more FAQs about COVID-19 vaccinations for employees.  The new FAQs address mandatory vaccination policies, vaccination incentive programs, and confidentiality requirements. These key updates include the following: Federal EEO Read More

On June 12, 2021, a Texas federal judge dismissed a lawsuit against Houston Methodist Hospital filed by unvaccinated nonmanagerial workers challenging the hospital’s policy that required all covered employees to be vaccinated against COVID-19. The suit challenging the hospital’s vaccine mandate - Jennifer Bridges et al. v The Methodist Hospital - was filed on May 28, 2021. The hospital’s vaccination policy included Read More

During testimony before the House Committee on Education and Labor on June 9, 2021, Secretary of Labor Marty Walsh told lawmakers that the DOL is reviewing the current overtime pay threshold that he said is too low and should be subject to automatic and regular updates. Currently, the overtime threshold is $684 per week, or $35,568 annually. Workers who earn below the threshold amount are required to be paid Read More

Employers are contesting OSHA citations for COVID-19-related violations at a rate that is five times higher than the national average for all federal workplace safety violations, according to a recent Bloomberg report. Many employers are appealing their violations based on often-changing OSHA requirements as well as a belief that failing to appeal a violation may lead to civil litigation. According to OSHA, Read More

Recently, the DOL announced that it would delay until December 31, 2021, the effective date of certain provisions of the 2020 Tip Regulations Final Rule under the FLSA, including provisions addressing civil money penalties (CMPs) and the “80/20” rule under the FLSA’s “dual jobs” provisions.  The provisions of the Tip Final Rule that have been delayed until December 31, 2021, include: Incorporation of the Read More

On June 10, 2021, OSHA issued an emergency temporary standard to protect workers in healthcare settings from COVID-19. In addition, OSHA issued general COVID-19 guidance for other industries that focuses on protecting unvaccinated workers and encouraging vaccination. COVID-19 ETS for Healthcare Workers According to the OSHA COVID-19 ETS Fact Sheet, the ETS is aimed at protecting workers facing the highest COVID-19 Read More

On June 8, 2021, a procedural vote to consider the Paycheck Fairness Act in the U.S. Senate failed by a vote of 49-50, falling short of the 60 votes needed to advance the gender wage gap legislation. The pay equity bill was first introduced in 2009 and again in 2011; it passed the House both times but the Senate failed twice - and now, three times - to bring it to a vote. According to the U.S. Bureau of Labor Read More

On April 27, 2021, the Centers for Disease Control and Prevention (CDC) issued guidance on Interim Public Health Recommendations for Fully Vaccinated People. Per the CDC, people are considered to be fully vaccinated two weeks following their second dose in a 2-dose series vaccine (Pfizer, Moderna) or two weeks following a single dose vaccine (J&J). People who are fully vaccinated can: Resume the same Read More

Prior to his first address to Congress on April 28, 2021, President Biden introduced the American Families Plan, a $1.8 trillion plan that includes a provision for national paid family and medical leave.  President Biden addressed the paid leave component of the plan during his speech, saying that “No one should have to choose between a job and a paycheck or taking care of themselves or their loved ones, or their Read More