The Supreme Court held yesterday in Babb v. Wilkie that the plain meaning of the ADEA demands that personnel actions concerning federal government employees be untainted by any consideration of age. Typically, in private sector employment, a plaintiff can prevail in an age discrimination case by showing that age discriminatory animus was the “but for” … Read more
The Treasury is giving away money, potentially, under the CARES Act Payroll Protection Program outlined in Title I of the CARES Act, sections 1102 and 1106 in particular. Things change daily, if not hourly. What started as 4% loans became .5% loans and are now 1% loans, all potentially forgivable if proceeds are used for … Read more
The onset of coronavirus has changed just about everything we all took for granted as “normal.” Employers have been forced to make critical decisions in short-order to respond to this public health crisis, all the while trying to balance supporting their employees and sustaining the viability of their businesses. At the same time, employers also … Read more
It finally happened. The new law is here and with it, hopefully, at least a measure of relief. Here is a link to the House bill passed moments ago: https://apps.npr.org/documents/document.html?id=6819239-FINAL-FINAL-CARES-ACT The package is much as has already been reported, including: Emergency Funding to Contain the Covid19 Outbreak: $340 Billion to go to hospitals, FEMA, the … Read more
As most people already know, just over a week ago, Congress passed the Families First Coronavirus Response Act (FFCRA or Act). Generally, it requires employers with fewer than 500 employees (“covered employers”) to provide their employees with 1) paid sick leave and/or 2) expanded family and medical leave, for specified reasons related to coronavirus, with … Read more
Today, the Senate introduced a massive, $2 Trillion stimulus package to address the global Covid19 pandemic. Here is a link to the pending law: https://www.congress.gov/bill/116th-congress/senate-bill/3548/text There’s a lot in there. Some highlights: Qualifying Small businesses will get approximately $367 billion to cover business expenses and to keep making payroll while workers have to stay home. … Read more
by Christopher Vrountas and Allison Ayer The law is rapidly changing to meet the current reality as the coronavirus pandemic spreads. Both Congress and the governors of several states have begun to act and the situation is fluid. Businesses will need to keep up to date on the new rules and the new obligations for … Read more
On December 16, 2019, the U.S. Department of Labor (“DOL”) published its Final Rule concerning regular rate of pay requirements under the Fair Labor Standards Act (“FLSA”). The Final Rule clarifies that certain employee benefits, perks and bonus payments need not be included in an employee’s regular rate of pay. Because the regular rate of … Read more
In a recent case called State of Texas v. Equal Employment Opportunity Commission, et al., the Fifth Circuit Court of Appeals held unenforceable Guidance from the Equal Employment Opportunity Commission (“EEOC”) that limited an employer’s use of criminal records in hiring. On its face, the holding might seem to allow employers more freedom to refuse to … Read more
When the Supreme Court last month denied Domino’s petition to review the Ninth Circuit’s decision that allowed a website accessibility case to proceed against the pizza chain, it continued a split among the circuits. While all courts agree that Title III imposes accessibility obligations to websites connected to “brick and mortar” businesses, circuits have divided … Read more