Perspectives on Labor, Employment & OSHA

Fifty-three Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2021.

Many companies were caught off-guard in the spring when diagnoses of COVID-19 multiplied rapidly and forced businesses to close or drastically change their policies with little warning. Now companies that have reopened must prepare for the future.

As the COVID-19 pandemic continues, businesses are challenged to do what they can to avoid liability and create litigation readiness policies and plans to support the new normal.

United States District Court Judge J. Paul Oetken of the United States District Court for the Southern District of New York issued an opinion and order (Order) vacating four key aspects of the final rule to the Families First Coronavirus Response Act (FFCRA), promulgated by the United States DOL.

Two months ago, the U.S. Department of Justice (DOJ) updated its guidance to aid federal prosecutors in making charging decisions or, later, sentencing decisions.

On August 5, the EEOC released new technical assistance for employees that addresses the interplay between the Americans with Disabilities Act and opioid use.

The Executive Order directs the Department of Labor and Department of Homeland Security to generally review the use of H-1B workers at any job site to ensure that their employment does not adversely affect the wages and working conditions of US workers.

This is our fifth and final Alert on Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard. 

In our last post, we discussed policy changes and new procedures that companies should consider as they reopen amid the COVID-19 pandemic, particularly given the increase in cases in many parts of the country.

After nearly nine years of litigation, Burlington Coat Factory agreed to pay $19.6 million to end a collective action and a putative class action alleging claims for misclassification and unpaid overtime wages.

Amid stalling talks between Congressional leaders over the content of new Coronavirus relief and economic stimulus legislation, the issue of providing for temporary restrictions on pandemic related lawsuits has emerged as an intractable dispute separating Democrats and Republicans.

As businesses in Massachusetts and elsewhere continue to carefully re-open it will be necessary to pay close attention to guidance from the CDC and state authorities.

The Daily Journal has recognized Arent Fox Partner Rob Carrol as a Top Labor Lawyer in California.

In an opinion issued on July 9, 2020, the District Court of New Jersey granted class certification for a group of delivery drivers who allege they were incorrectly classified independent contractors.

This is our fourth Alert that addresses Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.

This is our third Alert that addresses Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard. 

In our previous Alert, we summarized general employer mandates contained in Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.

Business closures have been immensely difficult for companies of all sizes during the COVID-19 pandemic. But reopening is proving difficult, too, especially given the ever-changing nature of the pandemic.

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.