On February 3, 2021, the Minnesota Supreme Court decided Hall v. City of Plainview, holding that a general contract disclaimer in an employee handbook did not, as a matter of law, nullify a breach of contract claim with respect to a paid time off (PTO) policy within the handbook. As the Hall Court explained, the PTO policy at issue was sufficiently detailed to create a unilateral employment contract such that the employer would be obligated to follow its terms. The decision reminds employers of the importance of careful planning and drafting when it comes to their PTO policies. In light of the Court’s holding, employers should also review their handbooks for other policies and procedures that could be construed as contracts.
Category: Counseling & Compliance Training
President Biden Repeals Executive Order 13950 Upon Taking Office
On his first day in office, President Biden issued the “Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” overturning President Trump’s “Executive Order on Combating Race and Sex Stereotyping” (EO 13950), which had caused many contractors to postpone or cancel their diversity trainings and initiatives.
For the full alert, visit the Faegre Drinker website.
Can U.K. Employers Make COVID-19 Vaccinations Mandatory?
With the arrival of a new year and a promising COVID-19 vaccine, many U.K. employers have expressed renewed interest in returning to the workplace. But those hoping a mandatory vaccination policy will serve as a silver bullet to reopening plans should proceed with caution. Whilst there may be certain settings in which such a policy is reasonable, pursuing it could trigger a number of legal implications.
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EEOC Issues Opinion Letter on Older Workers Benefit Protection Act Disclosure Requirements for Non-U.S. Employees
In a new Opinion Letter published January 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) clarified a long-standing ambiguity as to whether non-U.S. employees working outside of the United States should be included in the description of the “decisional unit” in OWBPA-compliant waivers of federal age discrimination claims. This opinion presents helpful guidance to multinational employers who face a byzantine process when it comes to workforce reductions.
For the full alert, visit the Faegre Drinker website.
EEOC Announces 2021 Schedules for EEO Data Collection
The Equal Employment Opportunity Commission announced the upcoming opening of four EEO data collections previously delayed by the COVID-19 pandemic. While the specific dates of these collections are not yet published, employers should begin preparing their data submissions to align with the adjusted schedule.
For the full alert, visit the Faegre Drinker website.
Employer Beware: New California Employment Laws for 2021
Among the lasting 2020 impacts of fires, politics and COVID-19, is increased regulation of California employers. More than 563 bills introduced in the last California legislative session mention “employer,” compared to about 300 bills in 2019. While most bills stalled in the Legislature, many were signed into law by Gov. Gavin Newsom, bringing more rules and risks for employers in our state, dealing with workplace safety; sick leave; workers’ compensation; diversity and discrimination; worker classification and wages; privacy; employee leaves; and settlements.
Continue reading “Employer Beware: New California Employment Laws for 2021”