Perspectives on Labor, Employment & OSHA

Last week, Virginia Governor Ralph Northam announced the nation’s first statewide COVID-19 workplace safety standard.

Earlier today, the US Department of Labor published helpful additional guidance for employees and employers in the following links on how the provisions of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response Act (FFCRA) affect the

In a rare reversal, the Department of Homeland Security (DHS) rescinded its July 6, 2020 announcement that barred foreign students from staying in the US if they only took online courses.

Effective July 6, travelers coming into the City of Chicago from 15 designated high-risk states have been asked to quarantine for 14 days or risk incurring fines.

Student and Exchange Visitor Program (SEVP), which is part of the Department of Homeland Security, just published a new rule stating, in general, that F-1 and M-1 foreign students cannot remain in or enter the US if they are enrolled in entirely online classes in the fall semester. 

As reported here previously, the District of Columbia Council passed the Universal Paid Leave Amendment Act of 2016, which was signed into law on February 17, 2017.

The US Department of Labor’s Wage and Hour Division announced a policy change that is sure to please employers facing administrative FLSA back wages claims. Effective on July 1, 2020, the Division will cease to routinely pursue liquidated damages when settling those claims pre-litigation.

A ‘How-To’ Guide for Obtaining Remedies for Intentional, Bad Faith Conduct

Yesterday, the National Labor Relations Board reversed course and held that employers may discipline employees represented by a newly elected union before a collective bargaining agreement is negotiated, and without having to give the union notice and an opportunity to bargain over the discipline.

When California employers have arbitration agreements with employees, those agreements may encompass a dispute concerning wages. If an employee sues for wages, the employer can petition the court to compel arbitration based on the agreement. 

Yesterday, the EEOC answered a question that has perplexed employers for weeks: Under the ADA, may employers require antibody testing before they permit employees to re-enter the workplace?

The 2020 edition of Legal 500 US has rated 43 Arent Fox LLP attorneys as national leaders in their field. In addition, 14 of the firm’s practice areas were ranked among the best in the country.

Earlier today, the U.S. Supreme Court held that discrimination based on sexual orientation or transgender status is sex discrimination in violation of Title VII of the Civil Rights Act of 1964.

In a landmark ruling issued during Pride month, the United States Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibiting gender discrimination in employment, bars employers from discriminating against employees based on their sexual orientation or transgender status.

With the economy reopening, on June 11, 2020, the EEOC updated its COVID-19 Technical Assistance Publication — What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws — to identify concerns that employers may face as they plan for employees to return to the workpl

Many states and localities have issued stay-at-home orders, and have closed on-site business operations to all but essential businesses and their employees. To enable employers to navigate those restrictions, we provide below a brief description of each state’s and the District of Columbia’s stay-at

Confirming decades of established precedent, the California Supreme Court recently concluded in Nationwide Biweekly Administration, Inc. v. Superior Court of Alameda County, that there is no right to a jury trial in Unfair Competition Law (UCL) or False Advertising Law (FAL) actions.

After facing several hurdles, effective June 1, 2020, the National Labor Relations Board (NLRB) has finally implemented a host of changes to its rules and regulations governing representation elections.

On Friday, May 29, 2020, President Trump issued a proclamation, effective Monday, June 1, 2020, suspending indefinitely the entry into the US of certain Chinese students and researchers. 

Recently, while attention has understandably been focused on employment issues arising out of the COVID-19 pandemic, the Maryland legislature has passed several non-pandemic pro-employee laws that were not vetoed by Governor Larry Hogan. All of these laws become effective on October 1, 2020.

Under the National Labor Relations Act, the National Labor Relations Board (NLRB) conducts secret ballot elections to determine whether or not employees in a unit wish to be represented by a union.

On May 20, 2020, the US Department of Labor (DOL) announced a final rule that clarifies that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method under the Fair Labor Standards Act (FLSA).

As New York City businesses prepare for New York State Governor Andrew Cuomo to lift the New York State Pause Order and reopen businesses in the five boroughs.

The US Department of Labor’s Wage and Hour Division (WHD) announced a final rule to provide a single analysis for all employers when determining whether they qualify as “retail or service” establishments for purposes of the exemption from overtime pay applicable to commission-based employees.

The Massachusetts economy has been battered by the COVID-19 pandemic. On March 23, 2020, Massachusetts Governor Charlie Baker ordered the mandatory shutdown of non-essential businesses, curtailed essential business operations, restricted the size of gatherings, and advised citizens to stay at home.