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‘Families First Coronavirus Response Act’ signed into law

March 23rd, 2020

By Pamela Wolf, J.D.
The bipartisan effort to provide much-needed relief for both employers and employees alike to deal with the COVID-19 crisis has been signed by President Trump. Note that the FMLA amendments only provide for public emergency leave to care for a child when the child’s school or place of care has been closed.
Marking [Read more...]

In collective action accusing IBM of scheming to push out Boomers, plaintiffs denied court-assisted notices to 13K individuals,

March 18th, 2020

By Marjorie Johnson, J.D.
The named plaintiffs made no showing that a “unifying scheme” at the company linked the potential collective members to one another despite the vast differences in their jobs, locations, and circumstances surrounding their departure.
A group of former older IBM employees who claimed the tech giant laid off or otherwise forced out its [Read more...]

T-Mobile and Amazon dodge age bias claims based on targeted Facebook advertising

March 18th, 2020

By Ronald Miller, J.D.
Being denied the opportunity to apply for jobs would confer standing if properly alleged, but the complaint allegations failed to establish that the named plaintiffs were personally injured.
A fourth amended complaint alleging that T-Mobile and Amazon unlawfully discriminated against older workers in their use of Facebook to advertise employment opportunities did not [Read more...]

SDNY won’t enforce mandatory arbitration provision rolled out after collective action filed

March 18th, 2020

By Lisa Milam, J.D.
The court saw the arbitration policy rollout as an attempt to thwart potential class members from joining the litigation.
A federal court overseeing a federal and state-law overtime action refused to enforce mandatory arbitration agreements instituted by the employer after the putative class and collective action complaint was filed, finding strong indications the [Read more...]

OSHA temporary guidance on respiratory protection for healthcare workers responds to COVID-19 crisis

March 18th, 2020

By Pamela Wolf, J.D.
The temporary enforcement guidance is effective March 14, 2020, until further notice.
As part of the rapidly developing national response to the coronavirus crisis and the President’s proclamation on March 13 that “the COVID-19 outbreak in the United States constitutes a national emergency,” OSHA has issued new temporary guidance, “Healthcare Respiratory Protection Annual [Read more...]