Employment & Labor Law

Update to Blog Posted on June 26, 2020: Latest Presidential Proclamation Frustrates Employment-Based Non-Immigrant Visas On December 31, 2020, President Trump extended the restrictions on entry of individuals in certain employment-based immigrant and non-immigrant visa classifications through March 31, 2021.  The initial proclamation, Proclamation 10014 on April 22, 2020,…

On December 17, 2020, the Council of the District of Columbia unanimously passed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”). The Act for the first time in D.C. will make void and unenforceable non-compete agreements that are entered into after the effective date of the law.

UPDATE: DHS recently extended its temporary policy permitting flexibility in certain I-9 requirements to December 31, 2020.  The policy, issued earlier this year in response to the COVID-19 pandemic, affords employers some flexibility in completing Form I-9 to account for a remote workforce and the difficulty some employees may currently…

In 2010, the Affordable Care Act (“ACA”) changed the workplace landscape for certain lactating women by mandating that employers provide “reasonable break time for an employee to express breast milk” as well as “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers…

Without a doubt, COVID-19 has presented a challenge for employers trying to maintain business operations while protecting their workforce from an invisible and evolving enemy.  A recent decision from the U.S. District Court for the Eastern District of New York has clarified an employer’s legal obligations in this pandemic.  In…

A recent decision from California serves as a reminder to companies that proper classification of employees and independent contractors is critical.  In The People v. Uber Technologies, Inc., et al., the California Court of Appeal, First District, upheld a preliminary injunction entered by the San Francisco Superior Court prohibiting Uber…

A number of Chicago-area McDonald’s employees and their live-in family members have filed a lawsuit against McDonald’s corporation and several franchisees, alleging that the restaurants’ unsafe working conditions during the coronavirus pandemic create a public health risk. In Massey, et al. v. McDonald’s Corp et al., (Case No. 2020-CH-4247), the…

While a long-term workforce may be laudable, an employer cannot use this goal to justify its refusal to hire individuals without permanent work authorization.  In Rodriguez v. The Proctor & Gamble Company (Case No. 17-22652-CIV-Williams), the U.S. District Court for the Southern District of Florida recently denied Proctor &…

On June 11, 2020, the SBA and the Treasury Department released an interim final rule to reflect the changes to the Paycheck Protection Program (PPP) made by the Paycheck Protection Program Flexibility Act (PPPFA). This interim final rule changes key provisions of the April 2, 2020 interim final rule, such…