The Department of Labor (DOL) issued a final rule clarifying the standard for determining independent contractor status under the Fair Labor Standards Act (FLSA). Once again, the DOL has reaffirmed the “economic reality” test as the benchmark for determining whether a worker should be treated as an employee or independent contractor.

Chicago partner Kristine Phillips is speaking on a panel about How to Promote and Recognize Allyship for Diversity & Inclusion for The CLM Webinar Series on Wednesday, January 20th at 12pm EST. Kristine will be joined by Moiré Morón, Assistant Vice President of Claims at QBE North America, and Sarah Cho, claim director at Chubb.

With the recent approval of COVID-19 vaccines and anticipated rollout of inoculations nationwide, employers have begun to ask for guidance regarding whether they can compel employees to receive the vaccinations. On December 16, 2020, the EEOC released guidance confirming that employers may require their employees to be vaccinated for COVID-19 before returning to work.

As the pandemic forces our lives and livelihoods online, expect 2021 to be a hotbed of data privacy litigation and legislation. California expands legislation (CCPA and CPRA) to strengthen protections against the exposure and sale of personal information online. Other states are likely to follow suit in the decade to come.

On November 13, 2020, Governor Northam signed Executive Order 63 and Executive Order 67, updating the business operating guidelines issued earlier this year in response to Covid-19. Each order contains modifications to specific industry guidelines as well as general public restrictions and new enforcement measures.

Companies are putting pressure on their human resources departments and recruitment programs to ramp up the diversity of their workforce.  Before charging forward, it is best to pause to review the permissibility and effectiveness of recruiting programs, employment tests, and selection procedures. 

This month, Richmond partner Bob Yates is the Virginia Association of Defense Attorneys spotlighted member.

When employees are ready to return to work from military service, USERRA requires immediate action to put them back on the employment payrolls. Employers shouldn’t hesitate.

SB 1383 signed into law by Governor Gavin Newsom on September 17, 2020, expands the CFRA to private employers of five or more employees and eliminates the requirement that employees work within 75 miles of the worksite.

On Wednesday Oct. 21, the CDC updated its guidelines for tracking transmission of COVID-19. The CDC maintains that contact tracing be conducted for close contacts of laboratory confirmed or probable COVID-19 patients.