The much-anticipated surge of COVID-19 pandemic-related litigation has begun. As the pandemic continues to lay siege to the United States economy, claimants’ lawyers and government agencies have begun setting their sights on employers. In early May, we predicted an uptick in a variety of claims, including those relating to workplace safety, discrimination in furlough and…

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Furloughs that last for six months — among other reductions — could trigger the law’s notice requirements. During the initial wave of COVID-19 business closures and public health orders, many employers dealt with uncertainty by placing employees on furlough rather than initiating layoffs. The situation is such that more than six months into the pandemic,…

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Employers have struggled with identifying remote working hours for non-exempt employees juggling telework, child care and/or virtual learning during the pandemic. Employees will now bear the burden of properly recording those hours, under new enforcement guidance issued by the Department of Labor (DOL) in late August. Under the federal Fair Labor Standards Act (FLSA), an employer…

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Joel manages a garden center. He needs to hire a few extra hands to help with the extra customers shopping for mums, pumpkins and gourds in the fall. After interviewing a woman named Martha, he decides to add her to his team. Martha arrives for her first day. Joel gives her an apron, a nametag…

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