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.
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.
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.
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.
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.
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.
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.
The Oregon Supreme Court recently held that an arbitrator's award of attorney fees, approved by a court, cannot be categorically limited where a defendant’s offer of judgment exceeds plaintiff’s ultimate recovery at trial.
During the early months of the pandemic, the Social Security Administration (SSA) took a break from issuing “no-match” letters to employers. It appears that towards the end of 2020, however, the SSA has resumed this practice.
