This blog is dedicated to the rapidly changing areas of labor and employment law, whistleblower rights and workplace investigations.
The posts are aimed at keeping clients and others informed of litigation and regulatory developments that affect the workplace as they occur. The posts cover a wide breadth of topics, including, among others, complex discrimination issues, restrictive covenant cases, executive employment matters and whistleblower litigation, as well as traditional labor law topics.
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Disclaimer Notice: The Legal Developments Affecting the Workplace blog is an informational product provided by Sullivan & Cromwell LLP and should not be considered a substitute for legal advice.
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CDC Issues Interim Guidelines for COVID-19 Antibody Testing
June 1, 2020
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CDC Issues Guidance for Employers in Office Buildings in Response to COVID-19 Pandemic
May 29, 2020
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U.S. Department of Treasury and Small Business Administration Release Loan Forgiveness Application Form and Instructions for Paycheck Protection Program
May 21, 2020
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OSHA Issues Revised Enforcement Guidance on Recording COVID-19 Cases
May 20, 2020
DOL -
N.Y. Governor Cuomo Permits Certain Regions of New York State to Reopen While Others Remain on PAUSE
May 15, 2020
Executive Order/EO -
EEOC Delays Collection of Demographic Data in Light of COVID-19
May 12, 2020
EEOC -
Updated: California Expands Workers’ Compensation in Response to COVID-19 Pandemic
May 6, 2020
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Updated: California Governor Newsom Announces Certain Businesses May Begin Reopening on May 8, 2020
May 5, 2020
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New York Governor Cuomo Suggests Business Reopening Could Occur As Early As May 15, 2020
May 4, 2020
Executive Order/EO -
Los Angeles Adopts Right of Recall and Worker Retention Ordinances in Response to COVID-19 Pandemic
May 1, 2020
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Reopening Considerations: DOL’s Request for Reopening Insights from Public and EPA and CDC’s Joint Guidance for Cleaning and Disinfecting Worksites
May 1, 2020
DOL -
U.S. Department of Labor’s Wage and Hour Division April 3, 2020 Guidance on Leave Provisions of the Families First Coronavirus Response Act: Part III
April 22, 2020
DOL Wages and Overtime -
San Francisco Mandates COVID-19 Public Health Emergency Leave For Employers with 500 or More Employees
April 21, 2020
Wages and Overtime -
Updated: The City of Los Angeles Mandates COVID-19 Supplemental Paid Sick Leave For Employers with 500 or More Employees Within Los Angeles or 2,000 or More Employees Within the United States
April 16, 2020
Wages and Overtime -
OSHA Issues Enforcement Guidances on Recording COVID-19 Cases and on Its Intention to Consider Good Faith Attempts to Comply with OSHA Requirements During the COVID-19 Pandemic
April 15, 2020
DOL -
The City of Los Angeles Orders Mandatory Face Coverings to Protect Certain Essential Employees
April 14, 2020
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How Employers Can Help Assist Workers Furloughed or Otherwise Hurt by the Coronavirus Pandemic
April 2, 2020
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EEO-1 DATA UPDATE: EEOC WILL NOT REQUEST PERMISSION TO COLLECT FUTURE PAY DATA
March 31, 2020
EEOC -
Updated: U.S. Department of Labor’s Wage and Hour Division Issues Additional Guidance on Leave Provisions of the Families First Coronavirus Response Act: Part II
March 31, 2020
DOL Wages and Overtime -
Updated: U.S. Department of Labor’s Wage and Hour Division Issues Initial Guidance and Model Employee Notice Regarding the Leave Provisions of the Families First Coronavirus Response Act: Part I
March 25, 2020
DOL Wages and Overtime -
Supreme Court Developments in Discrimination Law
March 25, 2020
Class and Collective Actions EEOC Hiring -
Guidance for Determining Whether Your Business Is “Essential” or “Critical” Under Executive Orders Related to Coronavirus and Relevant Employment Law Considerations
March 23, 2020
Executive Order/EO -
U.S. Department of Treasury, IRS, and U.S. Department of Labor Announce Plan to Implement Paid Leave and Tax Credit Provisions of the Families First Coronavirus Response Act
March 22, 2020
DOL Wages and Overtime -
WARN Act Requirements for Workforce Restructuring Caused by the Coronavirus Pandemic
March 22, 2020
Executive Order/EO DOL -
New York Imposes Employer Obligations to Provide Leave Related to Quarantines During COVID-19 Pandemic
March 20, 2020
Wages and Overtime -
N.Y. Governor Cuomo Announces Statewide Mandate that Employees of Non-Essential Businesses Cannot Report In Person to the Workplace, and that Individuals Remain Indoors to the Greatest Extent Possible
March 20, 2020
Executive Order/EO -
Employer Obligations to Provide Leave Related to School Closures During Coronavirus Pandemic
March 13, 2020
DOL -
California Supreme Court Finds Employees Do Not Lose Standing to Pursue PAGA Claims If They Settle Individual Claims for Labor Code Violations
March 13, 2020
Class and Collective Actions Wages and Overtime -
Ninth Circuit Finds Employers Cannot Use an Employee’s Prior Pay to Defend Against Equal Pay Act Claims
March 13, 2020
Hiring -
U.S. Department of Labor Issues Workplace Guidelines for Coronavirus Outbreak, Including Specific Guidance on FMLA, FLSA and FECA
March 12, 2020
DOL -
Coronavirus: Guidance for Employers
March 4, 2020
DOL EEOC -
AB 51 Update: Judge’s Opinion Granting Preliminary Injunction Indicates AB 51 will Ultimately be Permanently Enjoined
February 27, 2020
Hiring -
EEO-1 Data Update: EEOC Satisfies its Obligations to Collect 2017 and 2018 Pay Data
February 19, 2020
EEOC -
New California Law Prohibits Use of “No-Rehire” Provisions in Certain Settlement Agreements
February 6, 2020
Hiring -
AB 51 Update: Judge Grants Preliminary Injunction, Enjoining California Law Restricting Mandatory Arbitration Agreements as Condition of Employment
February 3, 2020
Hiring -
Business Groups Argue California’s Mandatory Arbitration Agreement Ban in Employment Contracts is Preempted
December 20, 2019
Hiring -
U.S. Department of Labor Raises New Salary Levels for “White Collar” Overtime Exemptions
October 4, 2019
DOL Wages and Overtime -
New York State Adopts New Legislation Governing the Workplace
August 22, 2019
Hiring Workplace Investigations -
Fifth Circuit Joins Other Circuit Courts in Holding that Class Arbitration Is a Gateway Issue for Courts—Not Arbitrators—to Decide
July 25, 2019
Class and Collective Actions -
New York Enacts Statewide Ban on Salary History Inquiries for All Employers
July 23, 2019
Hiring -
New York State Ban on Arbitration of Sexual Harassment Claims Preempted, Court Rules
New York Federal Court Holds That New York State’s Recently Adopted Ban on Pre-Dispute Agreements To Arbitrate Claims of Sexual Harassment Is Unenforceable as to Those Agreements Covered by the Federal Arbitration Act.
July 1, 2019
Class and Collective Actions Workplace Investigations -
U.S. Supreme Court Clarifies Procedures for Federal Employment Discrimination Law Claims
Supreme Court Unanimously Holds That Title VII’s Pre-Suit Administrative Charge Requirement Is Not Jurisdictional and Can Be Waived If Employers Do Not Timely Object.
June 4, 2019
EEOC Workplace Investigations