Let’s Get Real: DOL Reaffirms “Economic Reality” Test in New Regulation to Determine Independent Contractor Status
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.
Webinar: How to Promote and Recognize Allyship for Diversity & Inclusion
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.
EEOC Releases Guidance Regarding Vaccination Requirements in the Workplace
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.
Data Privacy Law Takes Center Stage for 2020
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.
Governor Northam Signs Executive Orders Imposing Further Phase 3 Restrictions: What Does It All Mean For Your Business?
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.
Don’t Judge A Book By Its Cover: Uniform Guidelines On Employee Selection Procedures
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.
Virginia Association of Defense Attorneys Member Spotlight: Bob Yates
This month, Richmond partner Bob Yates is the Virginia Association of Defense Attorneys spotlighted member.
Don’t Delay in Returning Military Servicemembers to Jobs
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.
California Does It Again: What Is Senate Bill 1383 and How Will It Impact Your Business?
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.
CDC Updates Guidance on “Close Contact” with Individuals Who May Have COVID-19
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.