In a decision released late in the day on Friday, the United States Court of Appeals for the Sixth Circuit lifted a stay against the Occupational Safety and Health Administration’s (“OSHA”) rule requiring employers with 100+ employees either to require their employees to be vaccinated against COVID-19 or to submit to weekly COVID-19 testing and
Cloth Face Coverings Are Now Required in Anchorage
Anchorage Mayor Ethan Berkowitz has issued Emergency Order EO-13, requiring that all individuals in Anchorage wear masks or cloth face coverings when “indoors in public settings or communal spaces outside the home.” The Order, which took effect on June 29, remains in effect until midnight on July 31 unless revoked or extended. Settings in…
Alaska Reopens for Business
Much of Alaska will be allowed to reopen as of 8 a.m. on May 22. Governor Dunleavy has announced that the state will move straight from its current Phase II of the Reopen Alaska Responsibly Plan, which permits only limited business operations, to Phase IV. Most businesses will be allowed to fully reopen on…
Ten Things to Consider In Getting Back to Work
As restrictions are easing, employers are planning for and starting to bring people back to work. In these extraordinary times, everyone recognizes that things will not be business as usual. Here is our “Top 10” checklist of things to consider as we move toward the “new normal.”
- Reluctant Returners. Many employees are eager to return
Governor Dunleavy Issues Phase 1 of the Reopen Alaska Responsibly Plan
On April 22, Governor Dunleavy announced Health Mandate 016, reflecting Phase 1 of the Governor’s Reopen Alaska Responsibly Plan. The Governor anticipates issuing information on Phases 2 through 5 of the Plan in the near future.
Phase 1 of the Plan permits limited openings of businesses, including restaurants, retail businesses, personal services businesses, and both…
Ninth Circuit Requires Proof of “But For” Causation for Claims Under Americans with Disabilities Act
On Tuesday, August 20, the Ninth Circuit Court of Appeals in a case entitled Murray v. Mayo Clinic, joined four other Circuit Courts of Appeal in holding that a “but for” causation standard applies in ADA discrimination claims. This standard is considered to make it more difficult for employees to prove discrimination claims than…
Breaking News: DOL Salary Rule Blocked By Federal Judge
The Department of Labor’s controversial rule that required “white collar” employees to be paid at least $47,476 per year in order to be exempt from the Fair Labor Standards Act will NOT go into effect on December 1, 2016 as planned (we wrote about the rule here). A Texas federal judge on Tuesday agreed with 21 states that a nationwide preliminary injunction was necessary to prevent irreparable harm to states and employers if the rule went into effect on December 1.
What does this mean for employers now? …
Continue Reading Breaking News: DOL Salary Rule Blocked By Federal Judge
Ninth Circuit Refuses to Entertain En Banc Review of its Decision Rejecting Tip-Pooling Arrangements
Earlier this year, we wrote about the Ninth Circuit Court of Appeals decision in Oregon Rest. & Lodging Ass’n v. Perez, which prohibited tip-pools that include “back-of-the house” employees. Last week, the Court rejected a petition to review the decision en banc. This means that, unless the Supreme Court weighs in on the issue,…
Class Action Waivers in Employment Agreements Are No Longer Enforceable in the Ninth Circuit
If your company uses a class action waiver in your employment agreements and you are located in Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, the Northern Mariana Islands, Oregon, or Washington, you are out of luck. Thanks to a recent decision from the Ninth Circuit Court of Appeals (which has jurisdiction over the aforementioned areas), that waiver is no longer enforceable.
Recently, the Court ruled in Morris v. Ernst & Young, LLP, No. 13-16599, 2016 WL 4433080 (9th Cir. Aug. 22, 2016), that an employment agreement that requires employees to pursue legal claims against their employer in “separate proceedings” and in arbitration violates federal law. In that case, two employees sued Ernst & Young alleging they were misclassified as exempt employees under the Fair Labor Standards Act and were owed overtime pay. The trial court compelled individual arbitration, pursuant to the “separate proceedings” in arbitration demanded by the employment agreement the two employees signed upon hire. The Ninth Circuit reversed.
Employees are guaranteed the right to “engage in . . . concerted activities for the purpose of . . . mutual aid or protection” by the National Labor Relations Act. The Court held that protection for “concerted activities” means that employers cannot require employees to waive their right to pursue legal claims as a class action.
Continue Reading Class Action Waivers in Employment Agreements Are No Longer Enforceable in the Ninth Circuit
What Does Alaska’s and Oregon’s Legalization of Marijuana Change for Employers? Answer: Probably Not Much.
In this week’s mid-term election on November 4, Oregon, Alaska, and the District of Columbia became the latest jurisdictions to pass referendums decriminalizing the recreational possession and use of small amounts of marijuana. They join Colorado and Washington, which took this step in 2012. Oregon’s law becomes effective in July 2015; Alaska’s probably in February 2015.
Each of these laws is slightly different (read the full text here of the measures in Oregon, Alaska, and D.C.). But employers in all these jursidcitions may be wondering about the same question: does this affect my company’s anti-drug policy or drug testing program and if so, how?…
Continue Reading What Does Alaska’s and Oregon’s Legalization of Marijuana Change for Employers? Answer: Probably Not Much.