Holly H. Williamson

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The U.S. Department of Labor recently issued guidance to state unemployment insurance agencies, expanding the categories of workers that are eligible for Pandemic Unemployment Assistance. The PUA program was created in March 2020 to provide payments to certain people affected by COVID-19, as well as independent contractors and gig workers who do not usually qualify for unemployment insurance.  While funded by the federal government, states are responsible for administering it. …
Continue Reading Department of Labor Expands Unemployment Insurance Eligibility To Include Workers Who Declined Work Due to Pandemic Safety Concerns

On November 17, 2020 the Equal Employment Opportunity Commission released proposed updates to its Compliance Manual on Religious Discrimination. The draft revisions are available for public input until December 17, 2020, after which the EEOC will consider the public’s input, make any changes, and publish the finalized Manual.…
Continue Reading For the First Time in 12 Years, EEOC Releases Updated Proposals to Compliance Manual on Religious Discrimination

A proposed rule  published by the Equal Employment Opportunity Commission on October 9, 2020 offers the possibility of expanded information-sharing with respondents/employers in connection with the agency’s conciliation efforts.  The proposed expanded disclosures may enhance the value of conciliation to those parties.…
Continue Reading EEOC’s Proposed New Procedures May Enhance Value of Conciliation

In a little-publicized move near the beginning of the U.S. coronavirus lockdown, the EEOC temporarily suspended issuing right-to-sue letters with respect to most charges of discrimination. the EEOC resumed sending out right-to-sue letters on August 3, 2020, and announced that any suspended notices would be sent out between that date and September 30, 2020.…
Continue Reading As the EEOC Resumes Sending out Right-To-Sue Letters, Employers Should Expect an Increase in Discrimination Lawsuits

As Texas begins to reopen, some employers are recalling employees placed on furloughs or leaves of absences due to the COVID-19 pandemic. The Department of Labor recently issued guidance to clarify that an individual who is able and available to work, but refuses to take a job offer or return from a furlough, absent one of the COVID-19-related criteria, will not be eligible for the federal Pandemic Unemployment Assistance benefit under the CARES Act. On April 30, 2020, the Texas Workforce Commission issued guidance stating that, depending upon the reason for refusal, these employees may remain eligible for receipt of state unemployment benefits. …
Continue Reading Texas Workers Who Refuse to Return to Work May Remain Eligible for Unemployment Benefits

This month, California Governor Gavin Newsom signed several employment-related bills into law. The laws go into effect January 1, 2020, and include an extension to the deadline to file certain state discrimination claims and address harassment training and prevention, as well as mandatory arbitration agreements.…
Continue Reading New California Laws Increase Employee Protections

The American Bar Association has adopted Resolution 302, which “urges all employers, and specifically all employers in the legal profession, to adopt and enforce policies and procedures that prohibit, prevent, and promptly redress harassment and retaliation based on sex, gender, gender identity, sexual orientation, and the intersectionality of sex with race and/or ethnicity.”…
Continue Reading ABA Resolution 302: What the American Bar Association’s Position on Harassment Means to Employers