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The Modern Workplace

Just this month the Supreme Court of the United States issued its decision in Viking River Cruises, Inc. v. Moriana, No. 20-1573, 2022 WL 2135491 (U.S. June 15, 2022), wherein it partially reversed the California Supreme Court’s holding in Iskanian v. CLS Transp. Los Angeles, LLC. The case deals with the controversial Private Attorneys General Act (“PAGA”). California’s Labor and Workforce Development Agency (“LWDA”) is authorized to enforce California’s labor laws; however, because the legislature believed that the LWDA did not have sufficient resources to ...

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The Office of Federal Contract Compliance Programs (OFCCP) announced last December 2021 that covered federal government contractors and their covered subcontractors not only MUST register in the OFCCP’s newly established online portal but also MUST certify their 2022 affirmative action plan (AAP) compliance by JUNE 30, 2022, a date fast approaching!!! The portal opened in February 2022.

The OFCCP portal can be found at  https://contractorportal.dol.gov and guidance for registration and certification in the portal can be found ...

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Posted in Discrimination

Under Title VII of the Civil Rights Act of 1964, an employer may not discriminate against any individual because of the individual’s religion. To comply with this requirement, employers must reasonably accommodate an employee’s sincerely held religious belief and practice, unless doing so would present an undue hardship. The Supreme Court has declined to review two cases where it could have clarified when a religious accommodation is reasonable, and federal appellate courts currently are divided on the issue.

On May 25, 2022, the Third Circuit Court of Appeals joined the ...

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Our Chambers-ranked Labor & Employment team is known for frequently writing and speaking on various employment, workplace and labor-related topics and sharing insights with businesses in different industry sectors. This spring has been no different (and has flown by for us). Here are some highlights we want to make sure you don’t miss:

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Posted in COVID-19

On March 1, 2022, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance on how best to approach employee accommodation requests for those opposed to employer COVID-19 vaccine requirements because of their religious beliefs. 

As a quick refresher, the EEOC enforces Title VII which prohibits employment discrimination based on religion.  Employers are required to reasonably accommodate applicants and employees who have sincerely held religious beliefs to enable them to perform the essential functions of their jobs and where their beliefs may conflict ...

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I was sitting by my window the other day and noticed how the sun was melting the snow around my house even though the air temperature was cold. For a person living in a northern climate, I see this as a sign of Spring and with it, the return to green grass, flowers, and warmer temps. It also reminds me that the semi-annual ritual of the changing of the clocks for those states that participate in Daylight Savings Time is upon us. Each Spring, we “Spring Ahead” by moving the clocks forward one hour at 2:00 a.m. on a designated date. Each Fall, when Daylight Savings Time ends, we “Fall ...

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One legal issue highlighted by the #metoo movement is the use of arbitration to resolve workplace sexual harassment claims. Some employers require employees to sign agreements at the time of hire, or at some other time before any claim arises, in which both sides agree that any later workplace disputes will be resolved by arbitration and not in court. Because arbitration is a private dispute resolution process, some #metoo advocates have argued that arbitration of sexual harassment claims allows the misdeeds of bad actors to be concealed and, perhaps, facilitates repeat offenses ...

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The federal Occupational Safety and Health Administration (“OSHA”) withdrew its COVID-19 vaccination and testing emergency temporary standard (“ETS”) as of January 26, 2022. The ETS had mandated that employers with 100 or more employees require all employees to get fully vaccinated against COVID-19 or wear face coverings and undergo weekly testing in lieu of vaccination. This action came shortly after the United States Supreme Court stayed the implementation of the ETS. 

Although OSHA has withdrawn the ETS as an emergency temporary standard, it has announced that it ...

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If your organization is a federal government contractor or subcontractor with annual affirmative action plan requirements, you need to be aware of some recent, important developments.

On December 2, 2021, the U.S. Department of Labor’s Office of Federal Contractor Compliance Programs (“OFCCP”) issued an announcement introducing its new online contractor “portal.”  The OFCCP describes the “portal” as a platform through which covered federal government contractors and subcontractors must register and then subsequently annually “certify” whether they ...

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As we approach the second anniversary of the first confirmed U.S. case of COVID-19, it is hard to believe that we are two years into this global pandemic. Pre-2020, we likely never imagined we’d use the phrase “unprecedented times” so often, that toilet paper would become the hottest commodity for a time, or that we would contribute to a massive surge in shares of a company called Zoom. For many of us, our work lives changed in a number of ways, one of which being that the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) created standards designed to ...

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