Hunton Employment & Labor Perspectives

The U.S. Equal Employment Commission (“EEOC”) has recently updated its Technical Assistance Questions and Answers, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” (“Q&A)  and taken the position that employers may only screen employees for COVID-19 if it is a business necessity that is justified by “current pandemic circumstances and individual workplace circumstances” because a COVID-19 viral test is a medical examination within the meaning of the ADA.

Just days ago, the highest court in Massachusetts—the Supreme Judicial Court (“SJC”)— decided whether former food delivery drivers for GrubHub could escape their arbitration agreements and bring a wage and hour class action lawsuit in court. In excellent news for employers operating in the intrastate delivery sector, the SJC held that they could not. Archer v. GrubHub, Inc., SJC-13228. 2022 WL 2964639 (July 27, 2022) (“GrubHub II”).

On June 8, 2022, the California Department of Public Health (CDPH) issued an Order with definitions for “close contact” and “infectious period” that conflict and abrogate the definitions for these terms within the California Division of Occupational Safety and Health’s (Cal/OSHA) current COVID-19 Emergency Temporary Standards (ETS).  Employers must comply with the new CDPH definitions, even where they differ from the text of the California ETS or federal Centers for Disease Control guidance.

HuntonAK labor and employment partner Alan Marcuis was recognized as a finalist for 2022 Best Mentor by the Texas Legal awards.  The Texas Legal Awards honors Texas lawyers recognized as influential innovators who demonstrate strong leadership qualities and legal prowess.

Alan serves as one of three firmwide hiring partners and is a leader in the firm community for fostering individual growth and supporting the firm’s newest attorneys.  The Best Mentor category is designed to recognize lawyers who dedicate their time to “help less-experienced colleagues become better ...

Labor and Employment counsel Sharon Goodwyn was elected as Chair to the Board of Directors of the Hampton Roads Community Foundation.  Sharon is the first African American and the first woman to serve as chair of the foundation. 

The Hampton Roads Community Foundation focuses on making lives better “through leadership, philanthropy, and civic engagement.”

Sharon is a long time active member in the community serving on several collegiate and community Boards.  She is also a past President and member of the Board for the Foodbank of Southeastern Virginia and the Eastern Shore.  In ...

Labor and Employment partner, Roland Juarez, has been featured in the Los Angeles Business Journal’s 2022 Leaders of Influence: Top Litigators & Trial Lawyers list.

The list recognizes 76 litigators chosen by the Los Angeles Business Journal as “lawyers who go to the proverbial mat to fight for their clients before judges and jury [and] have their own unique set of skills.”  Roland was recognized alongside Los Angeles partner Anne Marie Mortimer.  This is the fourth consecutive year for both Roland and Anne Marie.

Roland handles high-stakes labor and employment cases for some of ...

Disfavor toward employer/employee nondisclosure agreements (NDAs) has been an increasingly popular sentiment expressed by state legislatures over the last few years, and 2022 has seen the trend continue.  Legislation in some states may void and make unenforceable certain employer/employee nondisclosure agreements; it may prohibit employers from requiring employees to enter into such agreements; or it may outright prohibit employers from executing the agreements, for example in employment contracts and separation agreements.  Just over halfway through 2022, Hawaii, Maine, Oregon, and Washington have issued or amended state laws voiding, prohibiting, or restricting employer/employee nondisclosure agreements.

San Francisco has significantly expanded its Family Friendly Workplace Ordinance to guarantee flexible or predictable work arrangements for employees with qualifying caregiver responsibilities when the employee provides notice of their preferred arrangement, unless the employer can demonstrate an undue hardship to the employer.

As we previously reported, the U.S. Supreme Court was poised to resolve a circuit court split in Robyn Morgan v. Sundance, Inc. (No. 21-328), regarding whether a party must prove that it was prejudiced when arguing that the other party waived its right to arbitration by failing to compel arbitration at the outset of litigation. 

Employers across numerous industries may soon face additional recordkeeping and reporting obligations based on a new rule proposed by the Occupational Safety and Health Administration.