Labor & Employment Workforce Watch

July 2020

A guide to the employment law developments most likely to impact your business.

In This Issue:

Wage and Hour Update: Notable FLSA Developments in 2020
The Department of Labor (DOL) and courts across the country were busy in the first half of 2020 providing guidance and opinions addressing the Fair Labor Standards Act (FLSA). read more

Supreme Court Rules 6-3: Sexual Orientation and Sexual Identity Discrimination Violates Title VII
On June 15, 2020, in a landmark 6-3 decision, the United States Supreme Court issued it highly-anticipated opinion in Bostock v. Clayton County, Georgia holding that discrimination on the basis of sexual orientation or sexual identity constitutes sex discrimination in violation of Title VII of the Civil Rights Act of 1964. read more

Enforcing Non-Compete Agreements in a Pandemic
Since the federal government declared a state of emergency in response to the COVID-19 pandemic, the United States Department of Labor has reported over 40 million new claims for unemployment benefits. read more

Updates From the Agencies: COVID, COVID, COVID and Then Some
It is no surprise that COVID-19 matters have preoccupied federal agencies in recent months. read more

Arbitration Agreements Available to California Employers, Despite AB-51
On October 10, 2019, California Governor Gavin Newsom signed Assembly Bill 51 (AB-51) into law. AB-51 became effective on January 1, 2020, adding Section 432.6 to the California Labor Code and Section 12953 to the California Government Code. read more

The (Inevitable) End of the Austin Paid Sick Leave Ordinance
On June 5, 2020, the Supreme Court of Texas declined to hear the petition filed in Texas Association of Business v. City of Austin, 565 S.W.3d 425 (Tex.App.—Austin 2018), petition denied (No. 19-0025). read more

Retirement Plan Sponsors Allowed to Post Plan Disclosures Online
Recently the U.S. Department of Labor (“DOL”) announced a new voluntary safe harbor rule that will allow retirement plan sponsors to post plan disclosures online or deliver them to participants by email in satisfaction of their duties under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). read more