The Employment Brief | Employment Law | Kollman & Saucier, P.A.

California Judge Rules that Rideshare Drivers Should be Considered Employees

Vincent Jackson

08/18/2020

In the ongoing battle over the classification of gig workers, a California state court judge recently ruled in favor of workers being classified as employees, as opposed to independent contractors. The California Attorney General had filed suit against Uber and Lyft in the Superior Court of California, County of San Francisco, seeking an injunction that would force the two rideshare companies to classify its drivers as employees. The...

Kollman & Saucier

08/13/2020

COVID-19

In the ever-evolving world that is COVID-19 guidance, the Centers for Disease Control and Prevention (CDC) recently updated its “Considerations for Wearing Masks.” In the August 7 update, the CDC says that people should wear masks in public and when around people who do not live in their household. Wearing masks is particularly important when social distancing is not feasible. The CDC recommends that we wear masks because “[m]asks...

Kollman & Saucier

08/10/2020

COVID-19

The CDC recently updated its guidance on when someone may stop isolating in a number of COVID-19 related scenarios. If you have been around someone with COVID-19, the CDC recommends that you remain home for 14 days after your last exposure to that person. However, if you developed COVID-19 illness within the previous three (3) months and recovered and remain without COVID-19 symptoms, you do not, according to the CDC, need to stay...

Kollman & Saucier

08/07/2020

COVID-19

Late Wednesday, Georgia Governor Brian Kemp signed legislation that adds Georgia to the list of states limiting liability as to claims brought against businesses by customers, employees, and members of the public who contract or allege exposure to COVID-19. The new law became effective immediately and will expire July 2021. Georgia joins Kansas, Louisiana, Missouri, North Carolina, Oklahoma, Utah and Wyoming in enacting virus-related...

Kollman & Saucier

08/04/2020

COVID-19

This past April, the Department of Labor issued temporary regulations regarding paid leave under the Families First Coronavirus Response Act (FFCRA). The regulations addressed many issues raised by the FFCRA and answered or provided clarification on a number of COVID-leave-related topics. On August 3, 2020, a federal judge in New York invalidated some of the DOL’s regulations and as a result has expanded FFCRA leave. New York v. United...

Kollman & Saucier

08/04/2020

Agency Activity, COVID-19, Workplace Safety

As an increasing number of states, local governments, and private employers are mandating that employees, particularly those who work indoors and in close proximity to other employees, wear masks covering the mouth and nose to prevent the spread of the coronavirus, last Friday, OSHA updated its frequently asked COVID-19 questions and answers. As to wearing cloth masks, OSHA stated unequivocally that workers who wear cloth masks to prevent...

Kollman & Saucier

07/31/2020

Age Discrimination, Employment Discrimination, Sex Discrimination

In Frappied v. Affinity Gaming Black Hawk, the U.S. Court of Appeals for the Tenth Circuit became the first federal appeal s court to recognize that Title VII of the Civil Rights Act 1964 permits “sex-plus age” claims. The case arose from a lawsuit filed against a gaming company. The eight female plaintiffs alleged the casino for which they worked discriminated against women over 40 years old, and they brought several claims, including...

Kollman & Saucier

07/29/2020

Agency Activity, Labor Law

In Excelsior Underwear, 156 NLRB 1236 (1966), the National Labor Relations Board (NLRB) first required employers to provide unions with the names and home addresses of eligible voters in advance of representation elections. This list of voters became known as an Excelsior list. In 2014, the NLRB expanded the information required to be on Excelsior lists to include all available personal email addresses and cell phone numbers. On Tuesday, July 29,...

Kollman & Saucier

07/27/2020

COVID-19, Virginia Employment Law, Workplace Safety

On July 27, Virginia became the first state in the United States to implement a COVID-19 workplace safety rule. The new rules require employers covered by the Virginia Occupational Safety and Health (VOSH) program to immediately comply with guidance from the federal Centers for Disease Control and Prevention and state-issued regulations. The standard applies to most Virginia workplaces, including retail employees, office workers, and persons...

Kollman & Saucier

07/24/2020

Uncategorized

My last blog focused on the NLRB’s July 21, 2020 decision in General Motors LLC, N.L.R.B., 369 NLRB No. 127 (7/21/20), returning to the Wright Line test when an employee uses profane language in the workplace and the resulting discipline that should occur. In overturning a number of prior decisions, NLRB Chair John Ring said: “the Board has protected employees who engage in obscene, racist, and sexually harassing speech not tolerated in almost...

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Email Updates

California Judge Rules that Rideshare Drivers Should be Considered Employees

CDC Issues New Guidance On Wearing Masks

CDC Updates Guidance On Returning From Isolation

Georgia Joins The Growing List Of States With A COVID-19 Liability Shield In Place

Federal Judge Expands Coronavirus Leave Availability

OSHA Updates and Removes Guidance From Its COVID-19 FAQs

Sex-Plus Age Claim Viable Under Title VII

NLRB Proposes Changes To Excelsior Lists

Virginia COVID-19 Worker Protection Rule Takes Effect

Oh Please, Please, Cut it Out.

Email Updates