Labor & Employment Law Blog

In the first of its kind, a class action lawsuit has been filed in Florida District Court alleging Celebrity Cruises ignored the U.S. Centers for Disease Control and other regulators and allowed “business as usual” instead of heeding warnings. The case was brought under the Jones Act. The class could possibly be as large as 10,000 members.

In Anthony v. TRAX International Corp. (April 17, 2020, Case No. 18-15662), the Ninth Circuit held the limitation of using after-acquired evidence to merely mitigate damages did not extend to evidence used to show that an Americans with Disabilities Act (“ADA”) plaintiff is not a qualified individual, an element of a prima facie case of disability discrimination.

We recently discussed the Los Angeles Supplemental Paid Sick Leave Ordinance (“LA SPSLO”), which requires certain employers to provide supplemental paid sick leave benefits to its employees for purposes relating to COVID-19. Following the issuance of this Emergency Order, on April 11, 2020, the Los Angeles Office of Wage Standards issued rules and regulations intended to help affected businesses better understand their responsibilities under the new LA SPSLO. These new regulations provide clarity on the following issues:

In an age discrimination case filed by a federal Department of Veterans Affairs employee, the U.S. Supreme Court held that a federal employee or applicant may establish that an adverse personnel action took place by showing that their age was simply a “motivating factor” in the federal employer’s decision.  Babb v. Wilkie 589 U.S. __ (2020).

On January 31, 2020, the U.S. Citizenship and Immigration Services (USCIS), which operates under the Department of Homeland Security (DHS), announced and made available a new version of Form I-9 (Rev. 10/21/2019), Employment Eligibility Verification.  Employers may begin using the new form as of January 31, 2020 but must use this form exclusively no later than May 1, 2020 for all new employees or where any reverification applies.  The previous version,  which has a revision date of “Rev. 07/17/2017 N,” will be invalid as of April 30, 2020. After April 30, 2020, employers who fail to use the new Form I-9 may be subject to penalties under the Immigration and Nationality Act.

In yet another forum, the novel coronavirus pandemic has disrupted “business as usual.”  The U.S. Equal Opportunity Commission (“EEOC”) confirmed Tuesday that it has largely paused its issuance of key notices that start the clock for workers to sue their employers for discrimination. 

The California Judicial Council, under the leadership of Chief Justice Tani G. Cantil-Sakauye, is the policymaking body of the California courts.  In accordance with an executive order from Governor Gavin Newsom last month, on Monday April 6, 2020 the California Judicial Council approved 11 temporary emergency rules, extending deadlines and providing for remote litigation proceedings. 

On March 19, 2020, the United States Equal Employment Opportunity Commission (EEOC) issued guidance for employers on responding to legal concerns under the Americans with Disabilities Act (ADA) arising out the COVID-19 (Coronavirus) pandemic.  The guidance, What You Should Know About the ADA, the Rehabilitation Act, and COVID-19, addresses common employer concerns about what medical inquiries an employer can make, when it can ask employees to leave the workplace based on such concerns, and under what circumstances an employer can ask for a doctor’s release from such employees before allowing them to return.  Among the key components of the guidance are the following:

With the rapid spread of the pandemic—COVID-19, employees have been sent home due to business closures, factory shutdowns, temporary lay-offs, and forced quarantines.  Other employees remain home due to their own illness, to care for someone who has fallen ill, or to care for children who can no longer attend school.  Amongst the chaos, many employees are scrambling to survive to pay rent, monthly bills and other expenses without any source of income.