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January 19, 2021

DOL Issues Opinion Letter Addressing Requirements of the “Amusement or Recreational Establishment” Exemption

On January 15, 2021, the DOL’s Wage and Hour Division issued an opinion letter addressing three issues pertaining to utilization of the “amusement or recreational establishment” exemption to the FLSA’s overtime and minimum wage requirements.

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January 19, 2021

California Supreme Court Reaffirms that ABC Test is Retroactive

On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior Court, applies retroactively.

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January 19, 2021

Dutch Court Gags Employee Who Refused to Wear a Mask

A deliveryman for a confectionery chain who was suspended because he repeatedly refused to wear a mask is not entitled to his salary, the District Court of Utrecht ruled last week.

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January 15, 2021

Brazil Adjusts Minimum Salary for “Hyper-Sufficient” Employees

The minimum monthly salary requirement for “hyper-sufficient” employees has gone up in Brazil.

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January 15, 2021

EEOC Issues Guidance on Inclusion of International Employees on OWBPA Disclosures

On January 14, 2021, the EEOC issued long-awaited and much-needed clarification on whether non-U.S. citizen employees working for a U.S. employer outside the U.S. must be included in the disclosure required for compliance with the OWBPA.

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January 15, 2021

District of Columbia is on the Verge of Implementing One of the Broadest Non-Competition Bans in the Country

Amidst the ongoing COVID-19 pandemic and other events in the nation’s capital, District of Columbia Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 on January 11, 2021.

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January 14, 2021

Protection for Criminal Antitrust Whistleblowers Signed into Law

Largely overshadowed by the rise in COVID-19 deaths and the January 6, 2021, siege on the Capitol, the Criminal Antitrust Anti-Retaliation Act of 2019 became law on December 23, 2020.

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January 13, 2021

Michigan Extends Lockdown but Permits Group Fitness Activities and Non-Contact Sports

On January 13, 2021, Michigan’s Department of Health and Human Services extended the state’s COVID-19 emergency epidemic order limiting gatherings and imposing restrictions, but relaxed some constraints.

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January 13, 2021

Fifth Circuit Announces More Rigorous Standard for Certification of Collective Actions

On January 12, 2021, the U.S. Court of Appeals for the Fifth Circuit issued a long-sought opinion on the collective certification process under the Fair Labor Standards Act.

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January 13, 2021

Ontario, Canada Declares Provincial Emergency and Imposes Stay-at-Home Order

On January 12, 2021, the Office of the Premier of Ontario announced a second state of emergency was being declared along with a new stay-at-home order.

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