The Stoel Rives Labor & Employment Law Blog
Hot off the proverbial presses: The Centers for Disease Control and Prevention (“CDC”) announced today that fully vaccinated individuals can resume normal life activities without wearing masks or socially distancing. The CDC’s guidance is available here. Although it is certainly good news, the CDC’s guidance comes with several cautionary notes:
Late last week, the U.S. Department of Labor (“DOL”) announced that it plans to rescind the Trump DOL rule that tightened the standards by which two or more companies could be deemed a joint employer for purposes of the Fair Labor Standards Act (“FLSA”). The same day, the DOL announced its plans to withdraw the…
Last week, the U.S. House of Representatives narrowly passed the Protecting the Right to Organize (“PRO”) Act, which would make sweeping union-friendly changes to the three primary federal laws that govern private-sector labor relations: the National Labor Relations Act (“NLRA”), the Labor Management Relations Act, and the Labor-Management Reporting and Disclosure Act of 1959. …
Another day, another Trump-era Department of Labor (“DOL”) rule that’s been put on the shelf for 60 days. Last week, we blogged about the Biden DOL’s decision to delay the rollout of the tip rules that the Trump DOL adopted in the final weeks of its administration from March 1, 2021 until at least April…
The Utah State Legislature is currently considering legislation that would significantly limit the use of non-compete agreements in Utah. Senate Bill 46 (SB 46) has passed the Senate and received a favorable recommendation from the Utah House Business and Labor Interim Committee. The bill adds to restrictions the Utah State Legislature enacted in 2016, which…
The California Supreme Court’s 2011 decision in Sullivan v. Oracle Corp. (“Sullivan”) and its more recent decisions in Ward v. United Airlines (“Ward”) and Oman v. Delta Air Lines, Inc. (“Oman”) provided employers with a certain amount of clarity in regard to non-California residents working within the State on…
As many of you know, effective November 16, 2020, the Oregon Occupational Safety and Health Administration (“OR OSHA”) adopted a comprehensive set of workplace safety rules designed to address the COVID-19 pandemic. (More information about the rules is available here, here and here). These temporary rules remain in effect until May 4, 2021.
In case you missed it (did anyone miss it?), President Joe Biden was sworn into office yesterday. Although workplace issues are hardly the only pressing item on the new President’s agenda, employers should be prepared for the rollout of additional employee protections under the Biden administration.
Priorities That President Biden Has Already Announced
Extending and …
The U.S. Department of Labor (“DOL”) published a final rule addressing independent contractor status under the Fair Labor Standards Act (“FLSA”). Independent contractor status is a critical question under the FLSA because eligible employees are entitled to the law’s protections (for example, minimum wage and overtime for non-exempt employees) but independent contractors are not. Incorrectly…
After a lengthy and contentious rulemaking process, the Department of Labor (“DOL”) published its final rule revising its tipped-employee regulations under the Fair Labor Standards Act (“FLSA”) last week. The new rules take effect 60 days from their publication in the Federal Register, which will occur shortly. Here is a summary of the new rules’…
