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Publications
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06.30.2023The Supreme Court Decision Heightens Undue Hardship Standard Applicable to Workplace Religious AccommodationsUpdatesThe Supreme Court of the United States issued its opinion in Groff v. DeJoy on June 29, 2023, holding that Title VII requires an employer denying a religious accommodation to show that granting the accommodation would result in “substantial increased costs in relation to the conduct of its particular business.”
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05.11.2023Update: NLRB Rules Employee Severance Agreement With Overbroad Confidentiality and Nondisparagement Provisions Violates NLRAPodcastsIn February 2023, the National Labor Relations Board (NLRB) ruled in McLaren Macomb, 372 NLRB No. 58 (2023), that employee severance agreements with overly broad confidentiality and nondisparagement provisions violate the National Labor Relations Act (NLRA).
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03.28.2023NLRB General Counsel Issues Guidance Regarding NLRB’s Ruling on Employee Severance AgreementsUpdatesThe National Labor Relations Board recently ruled in McLaren Macomb that employee severance agreements with overly broad confidentiality and nondisparagement provisions violate the National Labor Relations Act. Recently, NLRB General Counsel Jennifer A. Abruzzo issued a memorandum to all regional directors, officers-in-charge, and resident officers to “assist Regions in responding to inquiries from workers, employers, labor organizations, and the public about implications stemming from the case.”
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02.28.2023NLRB Rules Employee Severance Agreement With Overbroad Confidentiality and Nondisparagement Provisions Violates NLRAUpdatesIn a recent ruling, the National Labor Relations Board found an employer violated the National Labor Relations Act when it offered furloughed employees a severance agreement that included overbroad nondisparagement and confidentiality provisions.
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10.31.2022Ninth Circuit Rules Time Booting Up Computer May Be Compensable Under FLSAUpdatesThe U.S. Court of Appeals for the Ninth Circuit held, in Cariene Cadena et al. v. Customer Connexx, LLC et al., that the time a group of call center workers spent booting up their computers was compensable time under the federal Portal-to-Portal Act.
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2021Frequently Asked Employment Questions Regarding COVID-19Lawyer Publications
View Perkins Coie’s archived frequently asked employment questions regarding COVID-19. These FAQs have not been updated to address OSHA’s emergency temporary standards regarding COVID-19 vaccination mandates announced on November 4, 2021.
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11.05.2021Frequently Asked Questions on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary StandardUpdatesThe U.S. Department of Labor’s Occupational Safety and Health Administration issued its long-awaited emergency temporary standard requiring all employers with a total of 100 or more employees to mandate vaccination and/or weekly COVID-19 testing. OSHA also released a comprehensive FAQ to address questions.
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11.01.2021Frequently Asked Questions on Religious Objections to Employer COVID-19 Vaccine MandatesUpdatesOn October 25, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance related to the COVID-19 pandemic, adding a brand-new section addressing religious objections to COVID-19 vaccine mandates.
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09.01.2021COVID-19 Vaccine Questions AnsweredUpdatesWith the surge of COVID-19 cases due to the Delta variant, many employers are considering whether to require employees to be vaccinated, how to encourage employee vaccinations, and the implications of vaccine policies for their businesses.
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08.12.2021‘Long COVID’ Workers May Need ADA AccommodationsArticles
HRLaws
Employees with “long COVID”—who continue to experience ongoing symptoms for months afterward—may be entitled to accommodations under the Americans with Disabilities Act (ADA), according to attorneys Jill L. Ripke, Lauren M. Kulpa, and Lara A. Grines. -
08.02.2021Still Experiencing COVID-19 Symptoms Long After A Diagnosis? Employees May Be Entitled To Workplace AccommodationsBlogsPost-Acute COVID-19 Syndrome, colloquially referred to as long COVID-19, occurs when an individual who had COVID-19 continues to experience ongoing symptoms for months afterward.
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07.28.2021DOJ Takes Stance on Mandatory COVID-19 Vaccine Policies: They Do Not Violate Federal Food and Drug LawsUpdatesAccording to a legal opinion posted online on July 26, 2021, the U.S. Department of Justice officially took the position that the Food, Drug, and Cosmetic Act—which authorizes an “emergency use authorization” for a vaccine—does not prohibit entities, including employers, from requiring a vaccine even if authorized for emergency use only.
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05.14.2021
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12.17.2020A COVID-19 Vaccine Is on the Way—Considerations for Employers and Their WorkforcesUpdatesA COVID-19 vaccine authorized by the U.S. Food and Drug Administration (FDA) for emergency use has arrived in the United States and is being widely distributed to select groups as we issue this update.
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09.14.2020NY Court Strikes Down Significant Portions of DOL’s Final Rule Defining Joint Employment Scenarios Under FLSAUpdatesThe U.S. Department of Labor’s (DOL”) Final Rule revising the joint employer regulations under the federal Fair Labor Standards Act (FLSA) took effect on March 16, 2020, (the Final Rule).
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07.27.2020DOL Revises Optional-Use FMLA FormsUpdatesIn June 2020, the U.S. Department of Labor (DOL) revised the optional-use Family and Medical Leave Act (FMLA) forms available for employers to provide required notice to employees and for employees to provide certification of their need for FMLA leave.
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06.17.2020Supreme Court Holds Federal Law Forbids Firing Employees Based on Sexual Orientation or Transgender StatusUpdates
The U.S. Supreme Court held that employers are prohibited from discharging employees on the basis of their sexual orientation or transgender status under Title VII, explaining that such discrimination necessarily requires an employer to intentionally treat individual employees differently because of their sex. The following update discusses this decision and it implications for employers.
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06.01.2020Returning to Work: Considerations for California Employers in a COVID-19 WorldArticlesAs California begins to reopen and employees return to the workplace, employers must consider new protocols to help safeguard the workplace related to COVID-19. This includes performing a detailed risk assessment and developing a return to work plan. Read more.
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03.16.2020H.R. 6201 Families First Coronavirus Response Act: Paid Leave, Emergency Leave, and Implications for the WorkplaceUpdatesThe Families First Coronavirus Response Act was passed by the U.S. House of Representatives shortly before 1:00 a.m. on March 14, 2020.
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03.16.2020The Families First Coronavirus Response Act—What Could It Mean for Employers?UpdatesThe Families First Coronavirus Response Act was passed by the U.S. House of Representatives shortly before 1:00 a.m. on March 14, 2020.
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11.28.2016What Employers Should Know About Texas Judge Halting New FLSA RegulationsUpdatesLast week, the U.S. Department of Labor’s pending regulation raising the minimum salary levels for “exempt” white collar employees was blocked by a federal district court judge in the Eastern District of Texas.
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04.25.2016Zero-Tolerance Policies May Need to Be TrashedArticlesEmployers in states that have legalized marijuana may want to consider changing their drug policy from a zero-tolerance standard to a no-impairment standard, and eliminating random drug testing as a result of state laws legalizing medical marijuana.
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03.28.2016Implications of Supreme Court’s Approval of Statistical Study Use in Wage-and-Hour Class ActionsUpdates
The Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo on March 22, 2016. The Court held that a group of employees in a class action could use a statistical study to establish the employer’s liability for unpaid overtime. The employees claimed that they should have been paid for time spent donning and doffing protective gear.
Presentations
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11.08.2023 – 11.10.2023Managing Risks in a Hybrid And/or Virtual Work EnvironmentSpeaking EngagementsMedical Liability Professionals Association
Technology, Human Resources, and Finance Workshop / Dallas, TX -
06.06.20232023 Annual Labor & Employment Law Workshop (Virtual)Speaking EngagementsWebinarThis year’s agenda includes presentations on the Federal Trade Commission’s controversial proposed ban on noncompete agreements and a panel presentation featuring noteworthy speakers addressing workplace violence.
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06.06.2023Workplace Violence Prevention Panel PresentationSpeaking Engagements
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12.13.2022Reduction in Force (RIF): What You Need To KnowWebinarsThe speakers identified some best practice steps employers should take before implementing a RIF.
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06.15.20222022 Annual Labor & Employment Law Workshop (Virtual)WebinarsA half-day, virtual employment law workshop, which covered a variety of topics, including an update on seminal federal and state employment law developments including in the areas of wage-and-hour law and the gig economy, family and medical leave and accommodations, arbitration and confidentiality in employment agreements, and other trends employers should watch in 2022.
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06.10.20212021 Labor & Employment Law Virtual WorkshopWebinarsHalf-day virtual employment law workshop that includes topics on: COVID-19 vaccination requirements and return-to-work considerations; the current National Labor Relations Board and what to expect regarding union activity during the new administration; and an update on key developments in federal and certain state employment laws.
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07.17.2020Working-From-Home (WFH) Compliance During COVID-19 WebinarWebinarsPerkins Coie has invited Honcho to help share perspectives and best practices from their customers on how to navigate the new working-from-home environment.
Wage & Hour Developments
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New York Implements Targeted Paid Vaccination Leave
On March 12, 2021, New York passed a new law requiring all New York employers to provide up to four (4) hours of paid leave for the purposes of receiving the COVID-19 vaccine. New York is the first state to implement paid leave specifically limited to time spent getting vaccinated. The law is effective as of March 12,...
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On August 3, 2020, a court in the Southern District of New York vacated portions of the Department of Labor’s Regulations Regarding the Families First Coronavirus Response Act (FFCRA) (discussed here). In the wake of that decision, employers have scrambled to understand how to proceed and wondered whether the DOL would update or revise its rules...
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DOL Issues Guidance for Tracking Non-Exempt Remote Workers’ Time
In response to the COVID-19 pandemic, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin No. 2020-5 (Bulletin) in late August 2020 that addressed the subject of an employer’s obligation under the Fair Labor Standards Act (FLSA) to exercise reasonable diligence in tracking the hours of work for non-exempt employees working remotely. The Bulletin recognizes...
