Employment Law Commentary

June 16, 2020 - Announcements

Protecting Pride: Supreme Court Holds Title VII Prohibits Workplace Discrimination on the Basis of Sexual Orientation and Gender Identity

By: Andrew R. Turnbull and Matt Malone

In the midst of Pride month, the Supreme Court of the United States has issued a landmark civil rights decision, holding that Title VII prohibits employers from discriminating on the basis of sexual orientation and gender identity. Writing for a six-Justice majority in Bostock …›

June 4, 2020 - Leaves of Absence

New California Court Decision Highlights Potential Perils of Unlimited Vacation. Bonus Concerns: Settling Cases with Releases, Vacation Pay Statute of Limitations and Vacation Pay Lawsuit in M&A

By: Lloyd W. Aubry, Jr. and Amber D. Shubin

While the United States and California legal worlds remain (understandably) focused on issues arising out of the COVID-19 global pandemic, California courts continue to issue important, and potentially policy-altering, rulings in cases affecting employment law. One such case, McPherson v. EF Intercultural Foundation, Inc.,[1] …›

May 29, 2020 - Discrimination, Workplace Misconduct

The Impact of Workplace Harassment on Mental Health

By: Janie F. Schulman, Andrew R. Turnbull, and Maya Harel

Since 1949, May has been Mental Health Awareness Month in the United States. The goals of Mental Health Awareness Month include raising awareness about mental health issues and illnesses, educating the public about mental health, reducing the stigma and misconceptions about mental illness, and …›

May 28, 2020 - Coronavirus (COVID-19)

Legal & Communications Considerations in the COVID-19 Environment: Return to Work

By: Janie F. Schulman

Return-to-work orders, employee safety, and inevitable litigation arising from the COVID-19 pandemic are top of mind for employers across every industry around the globe. In this webinar, Morrison & Foerster LLP and Sard Verbinnen & Co. team up to offer timely advice on how …›

May 5, 2020 - Coronavirus (COVID-19)

First States to Reopen Businesses Provide Glimpse of New Workplace COVID-19 Hygiene Rules for Employers

By: Kristen J. Mathews

Businesses around the country closed their physical doors abruptly weeks ago as state governors signed executive orders intended to stem the tide of new COVID-19 cases and save lives. Just recently, the first states to allow limited business openings have released guidelines for businesses …›

May 4, 2020 - Coronavirus (COVID-19)

Cleaning the Workplace in Anticipation of Reopening—And Keeping it Clean!

By: Janie F. Schulman and Miriam A. Vogel

We have waited for weeks that seemed like years for the government to allow us to reopen our businesses and schools; and, now that the big day is just around the corner, we must have plans in place to protect our employees and customers …›

April 22, 2020 - Coronavirus (COVID-19), EEOC

EEOC Issues "Return to Work" COVID-19 Guidelines for Employers

By: Janie F. Schulman and Miriam A. Vogel

On April 17, 2020 and April 23, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) again revised its guidance for employers dealing with the COVID-19 pandemic, this time providing advice involving disability accommodations under the Americans with Disabilities Act (ADA) and claims brought under …›

April 20, 2020 - Coronavirus (COVID-19)

Should Employers Require Employees to Wear Facemasks?

By: Miriam H. Wugmeister, Lloyd W. Aubry, Jr., and Eric Gebert

As employers begin considering return to work strategies, many are wondering whether they should permit or require individuals to wear facemasks at work. It may be surprising to many companies, but the Occupational Safety and Health Administration (“OSHA”) has published detailed standards and guidance …›

April 13, 2020 - Coronavirus (COVID-19), Department of Labor (DOL)

DOL Issues Regulations for Paid Leave Under the Families First Coronavirus Response Act

By: Janie F. Schulman, Kwan Park, Matt Malone, and Jinny Sun Hwang

On April 6, 2020, the United States Department of Labor (“DOL”) published regulations regarding the paid leave programs previously established in the Families First Coronavirus Response Act (“FFCRA”) and later revised in the Coronavirus Aid, Relief, and Economic Security …›

April 3, 2020 - Coronavirus (COVID-19), Paid Sick Leave

Payroll Tax Relief Provisions of COVID-19 Legislation

By: Ann Becchina, Maureen Elizabeth Linch, Harris W. Cornell, Amanda Hines Gold, Domnick Bozzetti, and Ron Aizen

In response to the coronavirus pandemic, Congress has passed legislation to encourage continued payment of wages and benefits by providing relief to employers in the form of payroll-related tax credits, loans, and tax-deferral programs, including: - for businesses with fewer …›