Hunton Employment & Labor Perspectives

Analysis and Development in Employment & Labor Issues

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Ryan A. Glasgow

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Latest from Hunton Employment & Labor Perspectives

Hunton Employment & Labor Perspectives

Register today – HuntonAK Labor & Employment Webinar – OSHA 2022 Mid-Year Report

By Hunton Andrews Kurth LLP

June 22, 2022

Please join Hunton Andrews Kurth LLP for a complimentary webinar: OSHA 2022 – Mid-Year Report Thursday, June 23, 2022 3:00–4:00 pm ET 2:00–3:00 pm CT 12:00–1:00 pm PT Register Now Please join labor and employment attorneys, Susan Wiltsie, partner, and Reilly Moore, associate, in a discussion on the current state of OSHA regulatory initiatives, enforcement efforts, agency trends and other developments, including COVID-19. Presenters: Susan F. Wiltsie, Partner, Hunton Andrews Kurth Reilly C. Moore, Associate,…

Hunton Employment & Labor Perspectives

Cal/OSHA Releases Guidance on New COVID-19 ETS Impacting Employers and Workers

By Susan F. Wiltsie & Blake E. Guerrero

May 24, 2022

On May 7, 2022, the California Occupational Safety and Health Standards Board (“Cal/OSHA”) released guidance, in the form of updated FAQs and fact sheets, concerning the revised COVID-19 Prevention Emergency Temporary Standards (“ETS”) that were adopted on April 21, 2022, and became effective on May 6, 2022. This ETS applies to non-remote workers in California, except those who work alone and those covered by the Aerosol Transmissible Diseases standard, and will remain in effect until…

Hunton Employment & Labor Perspectives

Maryland Becomes the Tenth State to Pass a Paid Family Leave Law

By Ryan M. Bates & Jason P. Brown

April 12, 2022

On April 9, 2022, Maryland became just the tenth state (in addition to the District of Columbia) to enact a paid family and medical leave law that covers private-sector workers, after overriding Governor Larry Hogan’s (R) veto. Neighboring Delaware may soon follow—a similar bill passed the Delaware Senate in March and is pending a vote in the House. The Maryland law creates a new Title 8.3 to the Annotated Code of Maryland and establishes the…

Hunton Employment & Labor Perspectives

D.C.’s Ban on Non-Competes Delayed Again

By Ryan M. Bates & Scott W. Burton

April 5, 2022

As we previously reported, in late 2020, the District of Columbia’s Council passed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), but more than a year later, employers and employees may still legally enter into binding covenants not to compete. So what happened, and what’s next for non-competes in the District? What the Law Says The law prohibits D.C. employers from requiring or requesting that an employee sign an agreement that…

Hunton Employment & Labor Perspectives

EEOC Provides New Guidance on COVID-19 Pandemic and Caregiver Discrimination

By Holly H. Williamson & Michael A. Pearlson

March 24, 2022

On March 14, 2022, the Equal Employment Opportunity Commission (“EEOC”) issued a technical assistance document providing guidance when it comes to claims of discrimination against employees and applicants with caregiving responsibilities in connection with the COVID-19 pandemic (“Guidelines”). The Guidelines, entitled “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Laws”, examine discrimination against employees and applicants based on pandemic caregiving responsibilities, noting that such discrimination may violate Title VII of the…

Hunton Employment & Labor Perspectives

Remote Employees Can Bring Class Action Under The WARN Act

By Juan C. Enjamio & Steven J. DiBeneditto Jr.

March 21, 2022

The Worker Adjustment and Retraining Notification (“WARN”) Act requires employers to give employees at least 60 days’ notice when a “mass layoff” is about to occur at a “single site of employment,” which is typically a single location or a group of contiguous work locations. Courts are beginning to confront the question of what constitutes a “single site of employment” under the WARN Act for employees working remotely, and how remote work policies impact class…

Hunton Employment & Labor Perspectives

Gov. Newsom Suspends Cal/OSHA’s Requirement That Unvaccinated Workers Wear Masks Indoors

By Emily Burkhardt Vicente & J. Drei Munar

March 11, 2022

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Over the course of the pandemic, California employers have contended with rapidly changing rules on workplace safety. Mask requirements in the workplace have been an especially evolving area, where the rules have not only varied between the federal, state, and local jurisdictions, but were often inconsistent across different state agencies. California has now taken steps, however, to align the state’s new mask mandates for the public as well as in the workplace. Beginning December 15,…

Hunton Employment & Labor Perspectives

Philadelphia and Montana Join List of Jurisdictions That Provide Protections for Recreational Marijuana Use

By Robert T. Dumbacher & Daniel J. Butler

February 14, 2022

Lost in the weeds of recent COVID-19 news is the increasing number of states and localities that have legalized medicinal and recreational use of marijuana. Such legalization brings with it varying degrees of worker protections and employer obligations. Philadelphia, PA and the state of Montana are two of the latest jurisdictions to add their names to the sprouting list of jurisdictions that protect not only medical use, but also recreational use of marijuana. These protections…

Hunton Employment & Labor Perspectives

OSHA Withdraws the Vaccination and Testing ETS

By Susan F. Wiltsie & Anh Shigekawa

February 10, 2022

On January 25, 2022, OSHA withdrew the COVID-19 vaccination and testing Emergency Temporary Standard (“ETS”), ending the litigation regarding the OSHA vaccine mandate. The agency announced that it will treat the withdrawn ETS as a proposal for a permanent standard. Unlike the ETS, which took immediate effect upon publication in the Federal Register, a permanent standard requires notice, comment, and an opportunity for hearing. The standard of scrutiny for permanent rules is lower than the…

Hunton Employment & Labor Perspectives

California Enacts COVID-19 Supplemental Paid Sick Leave For 2022

By Emily Burkhardt Vicente & Shane A. Le Master

February 10, 2022

On February 9, 2022, California Governor Gavin Newsom signed into law Senate Bill 114, which reestablishes the state’s COVID-19 supplemental paid sick leave requirements. Employers will not be able to simply dust off their 2021 policies and reimplement them, however, because the 2022 law contains some important changes from prior laws. In September 2020, California signed into law the original statewide requirement for private employers with 500 or more employees to provide COVID-19 supplemental paid…