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Hunton Employment & Labor Perspectives

Analysis and Development in Employment & Labor Issues

Topics

Collective Bargaining

Unlawful Actions May Become Lawful When Negotiations Conclude

Criminal Background Checks

Gig Employer Hit with Background Check Class ActionNew York City Expands Protections For Applicants and Employees With Criminal HistoriesDismissed Criminal Convictions in California

EEOC and Government Litigation

As the EEOC Resumes Sending out Right-To-Sue Letters, Employers Should Expect an Increase in Discrimination LawsuitsEEOC Updates Guidance Regarding the ADA, Rehabilitation Act, Other EEO Laws and COVID-19The EEOC Settles Six-Year-Old Lawsuit Attacking Background Check Policy

Employee Benefits

COBRA Subsidies Under ARPA: Employer Action NeededCalifornia Passes New COVID-19 Sick Leave Requirements for 2021Department of Labor Expands Unemployment Insurance Eligibility To Include Workers Who Declined Work Due to Pandemic Safety Concerns

Employee Privacy

The Fifth Circuit Criticizes the Practice of Sealing Documents by AgreementPress Pause Before Using Biometric Tech in the WorkplaceThe Spokeo Chronicles: Another Tentative Background Check Win for Kroger Subsidiary

Employee Raiding

No-Poaching Agreements May Not Be Entirely Out of the QuestionLabor & Employment Quick Takes: Fighting Back Against Employee RaidingLabor & Employment Quick Takes: Fighting Back Against Employee Raiding

Employee/Independent Contractor Status

DOL Freezes Rule on Independent Contractor Classification Test under the FLSA and Withdraws Several Opinion LettersDOL Issues Final Rule on Independent Contractor Classification Test under the FLSADeadline Approaching to Submit Comments on DOL Proposed Independent Contractor Rule

Employment Agreements

Washington, D.C. Passes One of the Most Robust Prohibitions on Non-Competes in the CountryEmployment Law and Patent Law Collide: Federal Circuit Rules that California’s Non-Compete Restrictions Also Limit the Scope of Patent and Invention Assignment ClausesCalifornia Court Grants Preliminary Injunction Against Law Prohibiting Arbitration Agreements As A Condition of Employment

Employment Policies

Legal Considerations of Employer-Provided Covid-19 Vaccine IncentivesIt’s Time Again for Employers to Ensure Handbook ComplianceCalifornia Passes New COVID-19 Sick Leave Requirements for 2021

Equal/Fair Pay

New CA Law Requires Employers to Submit Annual Pay Data Reports10 Fast Facts Small Business Owners Should Know About the Paycheck Protection ProgramWill Employers Who Institute Temporary Layoffs In Response To COVID-19 Have To Pay Out All Wages Due At The Time of Layoff? In California, They Might

FMLA/Leaves of Absence

California Expands Family and Medical Leave LawWith Schools Reopening, Employers and Employees Must Continue to Navigate a Patchwork of Federal and State COVID-19 Leave LawsFederal Court Strikes Down Portions of Department of Labor’s Final Rule On COVID-19 Leave, Expands Coverage

Immigration

COVID-19: How Can Employers Hire Remotely and Maintain I-9 Compliance?COVID-19: How Do Employers Comply with DOL Posting Requirements for Remote Employees?COVID-19: How Does the Outbreak Affect Immigration Workplace Compliance?

News & Events

Emily Burkhardt Vicente Recognized As Diversity & Inclusion ChampionGeorgia Super Lawyers Recognizes Two Employment PartnersJulia Trankiem and Roland Juarez Recognized as Minority Leaders of Influence

NLRB

It’s Time Again for Employers to Ensure Handbook ComplianceChanges Afoot at the NLRB Under the New AdministrationAre You Ready? Preparing for the New Frontier of Public Bargaining in Virginia

Non-Competes

Washington, D.C. Passes One of the Most Robust Prohibitions on Non-Competes in the CountryEmployment Law and Patent Law Collide: Federal Circuit Rules that California’s Non-Compete Restrictions Also Limit the Scope of Patent and Invention Assignment ClausesFTC Commissioners Advocate Restrictions on Non-Compete Agreements; Seek Comments on Potential Rulemaking

Trade Secrets

The Fifth Circuit Criticizes the Practice of Sealing Documents by AgreementThe Defend Trade Secrets Act And How Employers Can Take Advantage Of ItLaw Enforcement Can Seize Stolen Trade Secrets – A New Tool

Unions

Are You Ready? Preparing for the New Frontier of Public Bargaining in VirginiaNLRB Provides Clarity On Pandemic-Related Circumstances Justifying Mail-In ElectionsMail Ballot Elections: The New “Preferred Method” for Holding Union Representation Elections?

Workplace Technology

New York City Introduces Bill to Regulate the Use of AI in Employment DecisionsFTC Commissioners Advocate Restrictions on Non-Compete Agreements; Seek Comments on Potential RulemakingIllinois Enacts AI Interview Law Amid an International Trend Toward Regulation

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Recent Updates

  • Gig Employer Hit with Background Check Class Action
  • Legal Considerations of Employer-Provided Covid-19 Vaccine Incentives
  • DOL and OSHA: Agency Updates
  • The Fifth Circuit Criticizes the Practice of Sealing Documents by Agreement
  • COBRA Subsidies Under ARPA: Employer Action Needed

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Hunton Employment & Labor Perspectives

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About Our Practice Group

Our labor and employment team has been active for over 70 years representing employers in all matters related to the employer/employee relationship. We represent clients in all industries, but have particular experience in retail, hospitality, financial, energy and health care. We are national in practice and provide excellent, prompt, cost-effective, team-based service. We work with government agencies such as EEOC, OSHA and the OFCCP, and, where our clients already have represented employees, labor unions, to negotiate beneficial outcomes. However, we also litigate in federal and state courts throughout the nation. We handle single plaintiff cases under creative fee arrangements and are one of the few firms that successfully tries class and collective actions to juries under Title VII and the FLSA. We are also particularly adept at providing strategic labor advice, handling complex NLRB matters, corporate and election campaigns.

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