By Christina M. Seanor & Anne R. Yuengert on August 27, 2021 The Third Circuit Court of Appeals recently held that the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) entitles employees to paid short-term military leave in certain circumstances, following the Seventh Circuit’s similar holding in White v. United Airlines, Inc. In Travers v. Federal Express Corporation, Gerard Travers […]
By Marcus Mintz on August 27, 2021 Earlier this month, Plaintiff Bright Side, LLC dba Herbal Edibles, a manufacturer of cannabis edibles, filed a lawsuit in New Mexico state court to enforce a 3-year non-compete and enjoin the misappropriation of its trade secret cannabis recipes by one its former bakers, Christina Johnson. Based on the complaint, […]
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. This temporary guidance was set to expire August 31, 2021. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 […]
Sarku Hibachi Grill & Buffet required servers to share tips with owner, manager illegally Restaurant servers work hard and put their safety at risk throughout the pandemic. They depend on diners’ tips to earn a living wage, but 10 workers at a Surfside Beach restaurant found their wages reduced illegally by the establishment’s manager […]
Attorney Harrison Oldham On July 22, 2021, the National Labor Relations Board (“NLRB” or the “Board“) welcomed its new General Counsel, Jennifer Abruzzo. Now, after only a couple of months, Abruzzo has issued her first memo, which serves as a map of the new General Counsel’s plans. Overall, it’s very clear that Abruzzo intends to […]
Employees misclassified as independent contractors led to overtime violations Home care aides tend to the needs of people when they are most vulnerable, often putting their own health at risk. A U.S. Department of Labor investigation found that an Atlanta-area home care service failed to pay these essential workers the overtime they earned and are legally due. […]
Attorney Harrison Oldham In July 2021, the Department of Health and Human Services (“HHS”) and the Department of Justice (“DOJ”) jointly published “Guidance on ‘Long COVID’ as a Disability Under the ADA, Section 504, and Section 1557”, which may be found here: https://www.hhs.gov/civil-rights/for-providers/civil-rights-covid19/guidance-long-covid-disability/index.html. In short, the Departments take the position that long COVID can […]
Unlimited PTO is fine. Unlimited vacation will not normally satisfy state and local sick leave laws. So, PTO that is allowed for all sorts of reasons would be richer. The Pros of Unlimited PTO There are many potential benefits to having an unlimited PTO policy. Unlimited PTO creates: A useful recruiting tool to attract job candidates […]
Safety stand-downs planned for Suicide Prevention Week, Sept. 6-10 While the hazards most often associated with workplace deaths in the U.S. construction industry – falling, being struck-by or crushed by equipment or other objects, or suffering electrocution are well-known – a recent study finds that another potential killer is taking lives at an alarming […]
On August 23, 2021, the FDA approved the first COVID-19 vaccine. The vaccine has been known as the Pfizer-BioNTech COVID-19 Vaccine, and will now be marketed as Comirnaty, for the prevention of COVID-19 disease in individuals 16 years of age and older. The vaccine also continues to be available under emergency use authorization (EUA), including […]