Employment Law Blog
Pennsylvania Governor Vetoes Bill Extending Reach of Business Liability Protections During COVID-19
February 17, 2021
On November 30, Pennsylvania Governor Tom Wolf vetoed controversial House Bill 1737. The Republican-backed Bill was passed by Pennsylvania legislators in November 2020, and extended the reach of Governor Wolf’s May 6 executive order, which had granted civil liability protection to licensed or certified healthcare practitioners...
Legal Developments for Independent Contractors in California and Beyond
February 8, 2021
May 5, 2021 update: The Department of Labor has withdrawn the final rule that would have applied the economic reality test to the FLSA. The final rule never went into effect, and has not yet been replaced by a new rule.
Most laws that protect workers’ rights do so only for “employees,” but not “independent contractors...
Legal Ramifications of Flouting Mask Rules by Members of Congress
January 14, 2021
During the invasion of Congress on January 6, 2021, members of Congress were forced to take shelter for a few hours with a large group of their colleagues. Several Democratic members of Congress—Reps. Bonnie Watson Coleman (N.J.), Pramila Jayapal (Wash.), and Brad Schneider (Ill.)—have revealed that they have tested positive...
COVID-19 Vaccinations: What Employees and Employers Need to Know
January 13, 2021
As the United States begins its rollout of the COVID-19 vaccine, employees are receiving conflicting information about what their employers can and cannot require of them. This article will address some of employees’ most pressing questions about how to navigate vaccination-related issues in the workplace in the months to come...
Supreme Court Considers Religious Exemptions to Nondiscrimination Laws
November 17, 2020
On November 4, the Supreme Court heard oral arguments in Fulton v. City of Philadelphia, the most recent case to address how the First Amendment’s Religious Free Exercise Clause interacts with antidiscrimination laws as applied to religious entities. The case centers on foster care and certification of couples to be foster...
Why Employees at Religious Organizations May Not Be Protected Against Discrimination
November 2, 2020
Update: On July 9, 2021, the full Seventh Circuit, sitting en banc, ruled that all of Demkovich’s claims are barred by the ministerial exemption. The district court had held that Demkovich could pursue his claim of hostile environment under the ADA, but not his Title VII hostile environment claim, and the panel...
What Legal Protections Exist for Employees who Use Medical Marijuana?
October 21, 2020
California became the first state to legalize the use of marijuana for medical purposes in 1996. Today, medical marijuana use is legal in thirty-three states, the District of Columbia, and three U.S. territories, with another thirteen states allowing the use of CBD products that have low THC content. Over four million Americans...
District Court Strikes Down DOL Regulation Exempting Non-Healthcare Workers from Paid Leave
September 3, 2020
On August 3, 2020, the U.S. District Court for the Southern District of New York struck down part of a Department of Labor (“DOL”) regulation that would have prevented huge swaths of employees from taking paid leave under the Families First Coronavirus Response Act (“FFCRA”). The court’s holding has important consequences for...
COVID-19 Litigation Tests the Limits of Employment Discrimination Law
August 21, 2020
As COVID-19 has spread throughout the country, it has created severe disruptions for most American workplaces. Information about the nature of the virus threat, official guidance on how individuals should protect themselves, and local rules regulating businesses have all shifted rapidly. This left many workers afraid to go to...
Former JUUL Employee Seeks Injunction Against Pre-Employment NDA
July 9, 2020
On June 4, 2020, a former employee of electronic cigarette maker JUUL Labs, Inc., filed a complaint in California District Court seeking to enjoin JUUL’s enforcement of a non-disclosure agreement (“NDA”) she was required to sign as a condition of her employment. The former employee, Marcie Hamilton, alleges in her complaint...
