Hunton Employment & Labor Perspectives

Given the pervasiveness of social media in society, the National Labor Relations Board (Board) has been forced to frequently weigh in on the intersection between employee and employer’s social media activity and labor law. The Board has released a great catalog of cases over the past decade touching on issues related to the workplace and social media—these issues range from what social media policies and employer may enact to what discipline an employer may impose for an employee’s social media conduct.

An Alabama federal judge granted AutoZone's request to dismiss nearly 500 current and former store managers from a nationwide collective action that the national auto-parts chain had misclassified them as exempt under the Fair Labor Standards Act (“FLSA”) and denied them overtime, holding those plaintiffs had missed the three-year statute of limitations and that plaintiffs had failed to establish equitable tolling should apply to save their claims.

California employers now have some guidance from the state in implementing the new “Emergency COVID-19 Prevention Regulations” (“CA ETS”) that went into effect on November 30.

Employers were given no lead-time to comply with these stringent new rules by the California Occupational Safety and Health Standards Board (“Cal/OSHA”).  The CA ETS does contain obligations that employers already have in place, which are largely consistent with Centers for Disease Control and Prevention (“CDC”) guidance. But, as explained in an earlier update, the regulations also include significant onerous new obligations.  Faced with the threat of civil penalties, employers will now need to implement costly new prevention measures at a time when the pandemic is already putting a huge strain on the economy and businesses in particular. These new measures may ultimately put some employers out of business.

Please join Hunton Andrews Kurth’s Labor and Employment attorneys for an insightful webinar discussing the potential impacts of the presidential election on US labor and employment laws and enforcement priorities.

Tuesday, December 8, 2020
3:00 pm–4:00 pm ET
2:00 pm–3:00 pm CT
12:00 pm–1:00 pm PT

The California Occupational Safety and Health Standards Board (“Cal/OSHA”) voted on November 19 to implement a stringent new standard for employers to follow when implementing COVID-19 protections in the state.

The state’s rulemaking agency for workplace safety voted unanimously (6 to 0) to pass the “Emergency COVID-19 Prevention Regulations” (the “Standard”), which is expected to go into effect within 10 days (assuming the State’s Office of Administrative Law adopts Cal/OSHA’s regulation).

On November 17, 2020 the Equal Employment Opportunity Commission (“EEOC”) released proposed updates to its Compliance Manual on Religious Discrimination (“Manual”). The draft revisions are available for public input until December 17, 2020, after which the EEOC will consider the public’s input, make any changes, and publish the finalized Manual.

HuntonAK Labor and Employment Partners Amber Rogers, Holly Williamson and Scott Nelson have been recognized in the most recent publication of Texas Super Lawyers 2020.

HuntonAK Labor and Employment Partner Chris Pardo was recognized as a Rising Star by Massachusetts Super Lawyers 2020.

• Amber Rogers, Dallas, Employment and Labor
• Holly Williamson, Houston, Employment Litigation
• Scott Nelson, Houston, Employment Litigation
• Chris Pardo, Boston, Employment Litigation, Rising Star

Super Lawyers acknowledges outstanding practice group lawyers “who have attained a ...

Imagine this: you are an employer in California, and you recently hired a new employee.  You ran your own background check, which did not turn up any criminal convictions.  However, the employee’s job duties include submitting online applications to a government agency, which requires the employee to complete a Live Scan background check with the Department of Justice.  The Live Scan reveals that the employee has a past criminal conviction that will prevent her from submitting the applications.  You terminate the employee, and she tells you the conviction was judicially dismissed.  What do you do?

California has enacted a number of new laws (some of these have been covered in more detail on this blog and are linked below). The following are the most significant changes that California employers can expect as we move into the new year:

As we previously reported, COVID-19 has fundamentally changed the way representation elections are conducted.  From March 1 to November 16, 2020, the National Labor Relations Board issued 167 election decisions and, of those, only 2 manual elections have been directed to proceed in that time-frame.  This is a marked change in the Board’s longstanding preference for manual elections.  The overwhelming trend towards mail-in elections was necessitated by the COVID-19 pandemic.