News & Analysis as of

Employer Liability Issues Coronavirus/COVID-19 Employees

Littler

Sixth Circuit Clarifies Employer’s Bargaining Obligations During Public Health Emergencies

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In National Labor Relations Board v. Metro Man IV, LLC, Case No. 07-CA-264407 (6th Cir. Aug. 29, 2024), the U.S. Court of Appeals for the Sixth Circuit partly upheld and partly reversed a National Labor Relations Board...more

Bennett Jones LLP

Mixed Success at The B.C. Supreme Court in Rare Common Issues Trial in Employment Class Action

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While applications for certification of class proceedings are commonplace, trials to decide certified common issues on their merits are comparatively rare. The decision in one such common issues trial was recently released in...more

Seyfarth Shaw LLP

Seventh Circuit: Religious Discrimination Claim Survives Motion to Dismiss Even if Request For Religious Exemption to COVID-19...

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Seyfarth Synopsis: In two cases issued by the Seventh Circuit, Passarella and Dottenwhy v. Aspirus, Inc. and Bube and Hedrington v. Aspirus Hospital, Inc. the Court held that at the motion to dismiss stage, the fact that a...more

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

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The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Steptoe & Johnson PLLC

The EEOC Unveils Final Version of Enforcement Guidance on Harassment in the Workplace

On April 29, the U.S. Equal Employment Opportunity Commission (EEOC), after nearly seven years of effort, released updated guidance concerning harassment in the workplace. The updated guidance reflects three key developments...more

Seyfarth Shaw LLP

Sunrise, Sunset: New York State 2025 Budget Brings New Paid Prenatal Personal Leave and Sunset Date for COVID-19 Paid Leave

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Governor Kathy Hochul approved the Fiscal Year 2025 New York State Budget (the “NYS 2025 Budget”) on April 20, 2024....more

Ius Laboris

Last call for European cross-border telework 

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On 1 January 2024 the EU Framework Agreement on cross-border telework finally entered into force in Italy....more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Littler

British Columbia, Canada Appeal Court Rejects Employer’s Frustration Defence in Circumstances Connected to COVID-19

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In Aldergrove Duty Free Shop Ltd. v. MacCallum, 2024 BCCA 28, the Court of Appeal for British Columbia (BCCA) dismissed an employer’s appeal when it agreed with the lower court that the employer could not use the frustration...more

Seyfarth Shaw LLP

If Pain, Yes Gain – Part 120: CDC Shortens COVID-19 Isolation Guidelines; Potential Impact on New York COVID-19 Paid Leave

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On March 1, 2024, the CDC scaled back its guidance regarding COVID-19, most notably ending its recommendation of a five-day quarantine following a positive COVID-19 diagnosis....more

Stradling Yocca Carlson & Rauth

Not So Fast: Updated CDC Guidance on COVID-19 Isolation Has Limited Application for Employers

On March 1, 2024, the Centers for Disease Control and Prevention (CDC) announced that it is updating its COVID-19 guidance and is no longer recommending that individuals who test positive for COVID-19 isolate for five days....more

Goldberg Segalla

Employee Religious-Exemption Protections Safeguarded in COVID-19 Discrimination Claim

Goldberg Segalla on

On January 25, the U.S. District Court for the Eastern District of Pennsylvania denied the Children’s Hospital of Philadelphia’s (CHOP) motion to dismiss plaintiff Donald Glover’s complaint in Donald Glover v. The Children’s...more

Dechert LLP

FCA Entitled to Refuse Full-Time Remote Working Request

Dechert LLP on

In Wilson v Financial Conduct Authority, the Employment Tribunal (ET) has found that the Financial Conduct Authority (FCA) was entitled to refuse an employee’s request to work entirely remotely, despite the fact that she was...more

Bradley Arant Boult Cummings LLP

Out with the Old? Not So Fast! A Quick Review of 2023 Highlights

2023 has brought many updates and changes to the legal landscape. Our blog posts have covered many of them, but you may not remember (or care to remember) them. Before moving on to 2024, let’s take a moment to review our top...more

Epstein Becker & Green

Texas Joins Florida in Prohibiting Private Employers From Imposing Vaccine Mandates

Epstein Becker & Green on

On November 10, 2023, Texas Governor Greg Abbott signed into law Senate Bill 7, which prohibits private employers in Texas from imposing vaccine mandates that require employees and/or contractors to obtain a COVID-19 vaccine....more

Littler

Alberta, Canada Court Holds Placing Employee on Unpaid Leave for Failure to Comply with Mandatory COVID-19 Vaccination Policy is...

Littler on

In Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Glenmore), the Alberta Court of Justice found that an employer’s mandatory vaccination policy was a reasonable, justified and lawful response to the extraordinary...more

Seyfarth Shaw LLP

Private Sector Employers Face $50,000 Fine for Vaccine Mandates, New Texas Law Says

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Seyfarth Synopsis: Texas has joined a number of other states in prohibiting employers, including healthcare providers, from requiring their workforces to be vaccinated against COVID-19. As a result, employers in Texas must...more

Robinson+Cole Manufacturing Law Blog

Tackle Flu Season with Confidence

It’s the season of football, fall foliage, and unfortunately, the flu. As the temperatures dip and boxes of tissues begin to fly off the shelves, it’s time for employers to prepare to meet the challenges of cold and flu...more

Sheppard Mullin Richter & Hampton LLP

EEOC Issues Long-Awaited Guidance on Harassment in the Modern Workplace

On September 29, 2023, the U.S. Equal Employment Opportunity Commission issued long-awaited enforcement guidance on workplace harassment. The “Proposed Enforcement Guidance on Harassment in the Workplace,” published in the...more

Spilman Thomas & Battle, PLLC

Are Privacy Policies Alone Enough to Protect Employee Privacy? Ask Tesla

From application to termination, employee privacy considerations live throughout all stages of the employment lifecycle. Thus, employers should take heed of best practices and mechanisms when handling employee personal...more

Perkins Coie

Federal Court Rejects “Employer Knowledge” Defense in Arizona Wage Act Claims

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A federal court in Arizona recently rejected a defense for Arizona employers seeking to avoid liability for unpaid wages under the Arizona Wage Act (AWA). In Arrison v. Walmart, 2023 WL 4421425 (D. Ariz. July 10, 2023), the...more

Gray Reed

IRS Chief Counsel Issues GLAMon ERC Supply-Chain Disruption Eligibility

Gray Reed on

Section 2301 of the CARES Act, as amended, permits employers to claim employee retention credits (“ERCs”) if they meet certain requirements. Under one of those requirements, an employer may claim an ERC if the employer’s...more

Epstein Becker & Green

California Court of Appeal Holds That Unexpected Work Expenses May Be Reimbursable

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The California Court of Appeal for the First Appellate District recently issued its opinion regarding business-related expenses in Thai v. International Business Machines Corporation. The Court found that expenses incurred by...more

Society of Corporate Compliance and Ethics...

Navigating employee burnout in a new normal: The role of ethics and compliance

Whether or not you believe the COVID-19 pandemic is over, it is essential for employers to realize we are in a new normal that has created change in the workplace and a surge in employee burnout. The American Psychological...more

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