Laborsphere

As Hair Discrimination Bans Grow, New York City Seeks Public Comment on Proposed Rule

July 3, 2020, marked the one-year anniversary of California becoming the first jurisdiction in the country to pass the Create a Respectful and Open Workplace for Natural Hair (CROWN) Act, prohibiting discrimination based on natural hairstyles and textures. One year later, many more jurisdictions have followed suit.

The CROWN Act is now law in seven states – California, New York, New Jersey, Virginia, Colorado, Washington and Maryland – and eight additional states have either pre-filed, filed or formally stated an intent to introduce their own bills outlawing hair discrimination, including Illinois, Massachusetts, Michigan, Minnesota, Ohio, Pennsylvania, Rhode Island and South Carolina. On August 11, Nebraska also passed a bill but was promptly vetoed by the governor. A further 15 states introduced bills that failed to move through the legislature before the end of the legislative session. Companion bills were also introduced in the U.S. Senate and House of Representatives in late 2019.

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Ninth Circuit Rules Amazon Drivers Fall Within FAA’s Transportation Worker Exemption

On August 19, the Ninth Circuit delivered the latest guidance in the long-running debate over the Federal Arbitration Act’s (FAA) scope. It held that Amazon delivery drivers can move forward with a nationwide class action — in court, not arbitration — because they fall within the FAA’s transportation worker exemption.

The case, Bernadean Rittmann v. Amazon.com, Inc., et al, Case No. 19-35381, dealt with a “last mile” delivery driver through Amazon’s app-based delivery program, Amazon Flex (AmFlex), who occasionally crossed state lines, but completed most deliveries intrastate. Upon starting work, the driver signed an agreement requiring him to bring claims against Amazon in arbitration.

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Part 26 of “The Restricting Covenant” Series: COVID-19 Edition

The global COVID-19 pandemic continues to impact employers and their employees’ work activities in a variety of ways. Millions of workers have been terminated, laid off or furloughed. Companies have shifted to remote workforces either partially or completely. Courts around the country continue to grapple with suspended or stayed proceedings. This pandemic is presenting some unique challenges and complications to many areas of the law, including restrictive covenant law, as discussed in this COVID-19-themed edition of The Restricting Covenant Series.

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No Reprieve: New Title IX Regulations Take Effect as Scheduled

Educational institutions hoping for a last-minute reprieve from the new Title IX regulations scheduled to go into effect August 14 are out of luck. Earlier this week, the Southern District of New York denied a nationwide preliminary injunction sought by the state of New York to delay implementation of the new regulations (State of New York, et al. v. United States Department of Education, et al.).

And, just days later, the U.S. Department of Education (ED) defeated another preliminary injunction motion filed by 17 states and the District of Columbia in federal court in Washington, D.C. (Commonwealth of Pennsylvania, et al. v. Elisabeth DeVos, et al.). A third preliminary injunction motion is pending in the District of Massachusetts — however, earlier this month, the court there denied a motion to expedite a hearing, stating that “a prompt September hearing is fully appropriate.”

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Modernized OFCCP Website Tools: The National Pre-Award Registry and VEVRAA Hiring Benchmark Database

On August 10, 2020, the Office of Federal Contract Compliance Programs (OFCCP) updated its website, including revamping the National Pre-Award Registry and the VEVRAA Hiring Benchmark Database. These new features provide helpful information to contactors and contracting officials and help to streamline navigation among OFCCP’s website content and tools. Furthermore, the updated tools enhance information accessibility to individuals with vision impairments.

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SDNY Vacates DOL Regulations Implementing the Families First Coronavirus Response Act

On August 3, 2020, the Southern District of New York’s August 3, 2020, ruling in New York v. U.S. Department of Labor, et al., No. 1:20-cv-03020 vacated portions of the U.S. Department of Labor (DOL) regulations implementing the Families First Coronavirus Response Act (FFCRA). The following Q&A details the many ways in which the ruling will impact employers, including which DOL regulations were struck down by the order, the conditions under which employees can take FFCRA leave and the emergence of FFCRA-related lawsuits.

For the full alert, visit the Faegre Drinker website.