Laborsphere

Colorado Court Rejects Challenge to Colorado Equal Pay for Equal Work Act

Following the passage of Colorado’s Equal Pay for Equal Work Act (CEPEWA), employers were faced with a stricter disclosure regime, including new provisions aimed at redressing gender-based pay inequity. At the close of 2020, the Rocky Mountain Association of Recruiters (Rocky Mountain) brought a lawsuit challenging those provisions and framing the CEPEWA as an undue burden. On May 27, 2021, the U.S. District Court for the District of Colorado weighed in, with Judge William Martínez rejecting Rocky Mountain’s request for a preliminary injunction that would have prohibited enforcement of the CEPEWA.

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OSHA Defers to CDC Mask Guidance for Vaccinated Workers

On Monday, May 17, 2021, on the heels of the CDC relaxing mask and distancing restrictions for fully vaccinated people, OSHA revisited its previous guidance recommending face coverings in the workplace. While the agency noted that it is still evaluating the new guidelines, OSHA provisionally advised employers to refer to the CDC for workforce safety measures for fully vaccinated workers.

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Minnesota Whistleblower Act: Recent Decisions Indicate Summary Judgment Practice Alive and Well

Retaliation and whistleblower claims are on the rise nationally, and Minnesota is no exception to this trend. In part, this is because plaintiffs’ counsel perceive such claims — particularly claims arising under the broad Minnesota Whistleblower Act (MWA) — as relatively easy to get past a motion for summary judgment and to trial. However, four recent decisions issued by Minnesota courts suggest that this perception may not be well founded.

In each decision (two opinions by the U.S. Circuit Court of Appeals for the Eighth Circuit, one opinion by the Minnesota Court of Appeals and one opinion by the U.S. District Court for the District of Minnesota), the court granted or affirmed the granting of summary judgment in favor of the employer. These decisions provide useful guidance in assessing potential arguments to defeat a retaliation claim on a motion for summary judgment.

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U.K. Immigration Update: Fast-Track Visas Unveiled for ‘Best and Brightest’ Talent

Following an adjustment to immigration rules announced by the Home Office on 5 May 2021, if you’re the recipient of an elite award, you may now be eligible to bypass part of the existing immigration process and access a fast-track route into the U.K.

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Prendiamo un Caffé!: Be Paid to Work Remotely in Italy

As we have reported, the COVID-19 pandemic has challenged not only the employment relationship but also how local government may lessen the economic impact of the pandemic. The governments of Barbados, Estonia and Malta, among others, have implemented measures to support the local economy by either allowing individuals to live in the country while they work for foreign employers or incentivizing independent travelers to visit the country. Now, two Italian towns, specifically Santa Fiora in Tuscany and Rieti in Lazio, may be added to the list of countries, regions and cities that are attempting to revitalize the local economy by offering benefits to lure newcomers.

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The Pennsylvania Supreme Court Strikes Down a No-Hire Agreement as an Unreasonable Restraint on Trade

Recently, in Pittsburgh Logistics Systems, Inc. v. Beemac Trucking, LLC, No. 31 WAP 2019, — A.3d –, 2021 WL 1676399 (Apr. 29, 2021), the Pennsylvania Supreme Court found that a no-hire provision that was ancillary to a services contract between two businesses was an unreasonable restraint on trade and was therefore not enforceable. In ruling on this matter of first impression, the Court identified several important factors that employers should consider before entering into a no-hire provision that places restrictions on the movement of their employees.

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