Labor & Employment Blog Posts From May 2020

• Blog: Three Tips to Mitigate Employment Discrimination Risks As Stay-at-Home Orders Are Lifted
  Date: May 21, 2020 Title: Three Tips to Mitigate Employment Discrimination Risks As Stay-at-Home Orders Are Lifted
  Summary: Many businesses are now being challenged to return some or all of their furloughed employees to work based on the modification or elimination of stay-at-home orders and other state and local restrictions. This post discusses three tips that employers should consider to help mitigate the risks of exposure to employment discrimination claims under federal, state, and local laws as this process unfolds....
• Blog: Enforcing Safety Measures While Maintaining Compliance with Title III of the Americans with Disabilities Act: Four Considerations
  Date: May 20, 2020 Title: Enforcing Safety Measures While Maintaining Compliance with Title III of the Americans with Disabilities Act: Four Considerations
  Summary: Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability “in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.” Notably, this prohibition applies to both the built environment and to the policies and procedures affecting how a business provides goods and services to its customers. ...
• Blog: Work-From-Home: Five Tips to Avoid Overtime Liability
  Date: May 11, 2020 Title: Work-From-Home: Five Tips to Avoid Overtime Liability
  Summary: By now, the coronavirus pandemic has caused considerable disruption to most employers. In light of various restrictions imposed under various stay-at-home orders, many employers have been forced to adopt Work-From-Home (WFH) policies on the fly, without the benefit of preparation or advice from legal counsel regarding potential liabilities that these policies can involve. ...
• Blog: New York City Council Proposes Essential Workers’ Bill of Rights
  Date: May 08, 2020 Title: New York City Council Proposes Essential Workers’ Bill of Rights
  Summary: In April, the New York City Council introduced a sweeping legislative package designed to aid small businesses, essential workers, tenants, and the homeless in the five boroughs during the ongoing COVID-19 pandemic. The package includes a series of bills the Council calls the “NYC Essential Workers’ Bill of Rights,” which would require large employers to provide additional protections and hazard pay to hourly workers assisting the city’s efforts to continue to operate during the COVID-19 pandemic....
• Blog: EEOC Provides Guidance for Businesses Contemplating Return-to-Work Policies and Procedures
  Date: May 06, 2020 Title: EEOC Provides Guidance for Businesses Contemplating Return-to-Work Policies and Procedures
  Summary: As the COVID-19 pandemic continues to unfold, employers are adjusting their practices on an ongoing basis in accordance with ever-changing government guidelines. Indeed, the United States Equal Employment Opportunity Commission (EEOC) recently updated its recommendations for how employers may comply with the Americans with Disabilities Act (ADA) and other employment laws as employees begin to return to work. This post summarizes the key elements of these updated guidelines....
• Blog: Ninth Circuit Rules in Favor of Employers in FCRA and ADA Cases
  Date: May 05, 2020 Title: Ninth Circuit Rules in Favor of Employers in FCRA and ADA Cases
  Summary: The Ninth Circuit recently issued two important opinions favorable to employers – one clarifying the manner in which an employer must provide a Fair Credit Reporting Act (FCRA) disclosure, and another opening the door for the use of “after-acquired evidence” to bar liability in employment cases involving the Americans with Disabilities Act (ADA)....