Widening the split among circuit courts, the Third Circuit recently rejected attempts by two out-of-state employees to join an FLSA collective action as opt-in plaintiffs because their claims did not “arise out of or relate to” the defendant’s contacts with the state in which the case is pending.  

Continue Reading The Third Circuit Decides “We’re (Not) Nationwide”

Employment practitioners will be waiting with bated breath now that the California Supreme Court has granted the defendant’s petition for review in Uber Technologies, Inc. v. Adolph, S274671.  This is the second PAGA case California’s top court will review since the U.S. Supreme Court decision in Viking River Cruises v. Moriana, which held that the Federal Arbitration Act requires courts to enforce parties’ arbitration agreements and preempts conflicting state laws that invalidate contractual waivers of the right to assert representative claims under PAGA.  See our prior coverage of Viking River Cruises here.

Continue Reading California Supreme Court to Address Viking River Cruises

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance for the workplace, most notably, its guidance regarding COVID-19 testing of employees. Prior to last week, the EEOC took the position that mandatory COVID-19 testing would always be “job related and consistent with business necessity” – a requirement for permissible medical examinations under the Americans with Disabilities Act (ADA).  Given the evolving nature of the pandemic, the EEOC has changed course and has determined that employers now must make an individualized assessment as to whether current pandemic and workplace circumstances justify mandatory testing of employees to prevent workplace transmission of COVID-19.  In other words, employers can no longer simply assume that mandatory COVID-19 viral testing of employees is lawful under the ADA.

Continue Reading The EEOC Issues Updated Guidance on COVID-19 Testing

Starting January 1, 2023, Illinois employers are required to provide employees with unpaid bereavement leave following the loss of a family member or planned family addition. The Family Bereavement Leave Act (FBLA) amends Illinois’ Child Bereavement Leave Act of 2016 (CBLA) and adds Illinois to a short list of states (which includes only Oregon and Maryland) that require employers to provide for bereavement leave.

Continue Reading State Bereavement Laws and their Impact on Employers

Paid Time Off Requirements

As of July 1, 2022, West Hollywood, California, home to the famous Sunset Strip and Melrose shopping district, is now one of a handful of cities in California that requires employers to provide paid time off to employees (rather than just paid sick time).

West Hollywood’s Minimum Wage Ordinance, passed late last year, requires that qualifying employees who work at least two hours of work per week in the City are entitled to paid time off.  Full-time employees who work at least 40 hours per week are entitled to 96 hours of paid time off per year, totaling 12 full days off.  The time is pro-rated for employees who work less than 40 hours per week.

Continue Reading West Hollywood Requires Paid Leave and Hikes Minimum Wage