Employee Rights Briefing
October 2020
Farewell To An Icon
The Employee Rights Advocacy Institute For Law & Policy and NELA are deeply saddened to learn of the passing of Supreme Court Justice Ruth Bader Ginsburg.
 
In her career as a litigator, Justice Ginsburg was a staunch advocate for gender equality, having broken numerous barriers throughout her career. As the second woman to serve on the High Court, she was a voice for many of the most vulnerable people in our society, and will continue to influence jurists far into the future. As Justice Elena Kagan observed, "She has changed the face of American anti-discrimination law."
 
We mourn the loss of an icon and wish her family peace as they say goodbye to their loved one. Rest in peace, Justice Ginsberg. Thank you for sharing your wisdom with our nation and inspiring our continued commitment to justice.
In The News
On September 8, the EEOC issued updated guidance on COVID-19 and the Americans with Disabilities Act (ADA), stating that employers who permitted their employees to telework during the pandemic are not required to give workers with disabilities the same accommodation once the pandemic is over.
On September 16, the Department of Labor issued revisions and clarifications regarding emergency paid sick leave under the Families First Coronavirus Response Act.
On September 17, the U.S. Commission on Civil Rights urged the federal government to end a program that permits employers to pay workers with disabilities below minimum wage.
President Trump signed an executive order banning federal agencies and contractors from holding racial sensitivity trainings.
The Department of Labor announced a proposed rule to define independent contractors using the “economic realities test.” This rule would make it more difficult for many gig workers to be defined as employees.
On September 24, House Democrats introduced the Worker Flexibility and Small Business Protection Act bill that would expand labor laws to protect workers classified as independent contractors, as well as subcontractors and temp agency workers.
On September 25, Google’s parent company Alphabet, Inc. paid 310 million dollars to settle claims of sexual misconduct by executives.
Workers' Rights By The Numbers
7.5 Million
The number of jobs lost in the hospitality industry as a result of COVID-19, accounting for half of all jobs in that sector. (KTVZ)
20 Million
The estimated number of people relying on the Affordable Care Act for health insurance. (The Hill)
In The Courts
On September 8, a New York federal judge struck down the Department of Labor’s joint employer rule, which limited when multiple businesses are liable to the same worker under the Fair Labor Standards Act (FLSA).
On September 16, the Tenth Circuit ruled that a federal judge should not have sent a wage and hour claim to arbitration before first determining whether the workers signed a valid arbitration agreement.
The Employee Rights Briefing is a monthly newsletter designed to help keep you up-to-date on breaking news and emerging trends impacting America's workers. From the growth of forced arbitration of employment disputes, to employee misclassification, to stories of wage theft and workplace discrimination, the Employee Rights Briefing reports on employment law and policy developments from the federal government to state legislatures to the courtroom and everywhere in between. Our goal is to provide you with a digestible snapshot of the events shaping employment law and policy, so that you can be kept abreast of the most important issues facing today's workers.
The Employee Rights Advocacy Institute For Law & Policy
1800 Sutter Street, Suite 210 | Concord, CA | 94520
(415) 296-7629 | info@employeerightsadvocacy.org
www.employeerightsadvocacy.org