This summer, the Colorado Supreme Court addressed whether employers may implement practices by which employees forfeit accrued, unused vacation pay upon the termination of employment. In Nieto v. Clark’s Mkt., Inc., 2021 CO 48, 2021 Colo. LEXIS 423 (Colo. June 14, 2021), the Court held that the Colorado Wage Claim Act (“CWCA”) requires employers to pay employees for earned but unused vacation upon the separation of their employment. The requirement applies irrespective of an employment agreement or policy forfeiting an employee’s right to such payment.
NLRB General Counsel Jennifer A. Abruzzo Issues “Mandatory Submissions to Advice” and “Utilization of Section 10(j) Proceedings” Memos, Outlining Her Priorities and Enforcement Agenda
On August 12, 2021, Jennifer A. Abruzzo issued her first memorandum as newly sworn National Labor Relations Board (“NLRB” or “Board”) General Counsel. The memo, Mandatory Submissions to Advice, Memorandum GC 21-04 (“GC Memo 21-04”), serves as a road map of the new General Counsel’s plans and her intent to depart from the priorities of her predecessor, Peter Robb, and to target cases and initiatives from the Trump Board that overruled the precedent from the Obama Board. As we have previously reported, President Biden, on the day of his inauguration, took the unprecedented step of firing Mr. Robb from the General Counsel position, a clear indicator of his intention for a significant change in direction for the NLRB to a more union-friendly agenda.
It’s a New Day? EDNY District Court Deviates from Peers Holding That Newspaper’s Website Is Not a Place of Public Accommodation Under Title III of the ADA
Last week, in Winegard v. Newsday LLC, the U.S. District Court for the Eastern District of New York issued a decision that may finally tee up the issue of website accessibility to be directly addressed by the Second Circuit and provided businesses without a brick and mortar presence with unexpected relief by dismissing a serial plaintiff’s putative class action lawsuit alleging that a newspaper’s failure to provide closed captions of online videos for individuals who are deaf or hard of hearing violated Title III of the Americans with Disabilities Act (“Title III” or “ADA”).
Wilmington, Delaware, August 22, 2021 – Connolly Gallagher LLP has been awarded a Top Workplaces 2021 honor by News Journal Top Workplaces. The list is based solely on employee feedback gathered through a third-party survey administered by Energage, LLC. The anonymous survey uniquely measures 15 culture drivers that are critical to the success of any organization: including alignment, execution, and connection, just to name a few.
In an effort to quell the recent spike in COVID-19 cases and hospitalizations, President Biden has announced a series of new measures that seek to bolster the United States’ healthcare and financial response to the virus. In addition to recommending vaccine booster shots, the measures include new regulations requiring all employees of nursing homes to be fully vaccinated for COVID-19 if such nursing homes participate in the Medicare and Medicaid programs. While the logic of requiring health care workers who engage with those most vulnerable to COVID-19 has a clear appeal, the consequences of the new regulations could prove devastating for nursing homes. Read more…
By Eloïse Robichaud, from our Insurance Law Practice Group
August 20, 2021 — Since the adoption of the Automobile Insurance Act [Act], a lot has been written about its inherent concept of causation. Cohen c. Ville de Montréal, 2021 QCCS 1874, a recent decision of the Superior Court, provided an overview of the applicable principles.
ROYAL OAK, Mich., August 19, 2021 – Ten Howard & Howard attorneys were recently named to Michigan Super Lawyers® and Michigan Rising Stars 2021 as a result of a patented selection process. This process includes peer evaluation and independent research. Only five percent of the attorneys in Michigan were named to the Super Lawyers list and two and one half percent to Rising Stars.
One of the most common questions employers are asking at this point in time during the pandemic is this: “Can we require our employees to be vaccinated before allowing them to return to work?” The answer has been this: “it depends“, followed by an explanation of human rights’ considerations, privacy considerations, health and safety considerations, etc. On August 13, 2021, the federal government made an announcement that suggests the pendulum might be swinging towards a “yes” on that question. On August 17, 2021, the provincial government made an announcement that suggests the same swing.
The breakdown of a relationship, whether parties are married, in a civil partnership or a cohabiting couple is a very challenging time for all involved. All parties must consider the financial implications of their separation and how the arrangements in respect of the children will be affected. There are significant legal consequences when parties go through a separation, which is why both parties are always strongly advised to seek separate independent legal advice, where possible. Read more…
While the pandemic is not yet over, the lifting of the majority of restrictions across the UK means a return to closer to normal than we have been used to for some time. In this article we look at implications for employment and the workplace, including the ending of the furlough scheme, returning to the workplace and the future of ‘hybrid working’. Read more…