On September 10, 2020, the United States District Court for the District of Massachusetts issued a Memorandum and Order granting summary judgment in favor of a franchisor in response to claims by a purported class of franchisees that they were not truly independent contractors, but employees of the franchisor.
Continue Reading Massachusetts District Court Rejects Employee Classification for Franchisees

On August 3, 2020, the United States District Court for the Southern District of New York struck down portions of the DOL’s Final Rule regarding who qualifies for COVID-19 emergency paid sick leave under the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act, collectively referred to as the Families First Coronavirus Response Act.
Continue Reading Federal Court Strikes Down Portions of Department of Labor’s Final Rule on COVID-19 Leave, Expands Coverage

On May 19, 2020, the US Department of Labor issued its final rule likely expanding the FLSA’s Section 7(i) overtime exemption for commission-based workers in retail and service industries by withdrawing the long-standing, historical list of businesses that the DOL identified as falling within or outside of what it deemed to be a retail or service establishment.
Continue Reading The DOL’s New Rule Removes Presumption Against Overtime Exemption For Possible Retail And Service Establishments, Broadening Availability To Employers

Due to the novel coronavirus (COVID-19), many San Francisco businesses have closed in order to contain the spread of the pandemic, resulting in declining revenues and widespread business interruption. These economic conditions have led to employee layoffs across San Francisco. As San Francisco employers work to restore their business operations in the wake of COVID-19, they should be aware of new rules that may affect how they rebuild their workforce.
Continue Reading New Emergency Ordinance Requires San Francisco Employers to Guarantee Reemployment for Certain Employees Laid Off Due to COVID-19

The City of Los Angeles joined San Diego County and issued an Order that requires certain workers to wear cloth face coverings.
Continue Reading The City of Los Angeles Orders Face Coverings for Certain Workers and Customers, and Requires Certain Employers to Provide Them

As previously reported in the Hunton Employment & Labor Perspectives Blog, last Thursday the California Supreme Court ruled that employees must be paid for time spent undergoing security checks before leaving work. The ruling comes two years after the Ninth Circuit Court of Appeals sought guidance on this issue under California law in the case of Amanda Frlekin v. Apple Inc.
Continue Reading California Supreme Court Holds Time Spent On Bag Checks Is Compensable

As reported on the Hunton Employment & Labor Perspectives Blog last week, although the World Health Organization (“WHO”) has declared the coronavirus outbreak a “public health emergency of international concern,” WHO has not yet declared the outbreak as a pandemic. Nevertheless, the emergence of the latest coronavirus is an opportunity for employers, as it reminds them to consider policies and procedures related to pandemic planning.
Continue Reading Coronavirus: A Reminder for Employers Without a Pandemic Plan