The New York State Department of Labor ("NYSDOL") has issued guidance on the State's recently enacted COVID-19 vaccine leave law, which went into effect on March 12, 2021.
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The need to conduct internal investigations has continued, even
in a COVID and remote environment. In Part I of this post,
we discussed important decisions to make prior to the
investigation, ensuring that the witness interview area
maintains confidentiality, establishing a style of conducting the
witness interview, and setting the expectation for confidentiality.
Part II provides additional tips for conducting effective internal
investigations.
Don t get rushed by scheduling interviews too
closely. If a scheduled interview goes long,
reschedule the next witness rather than rushing to conclude to fit
While the Ninth Circuit s recent decision in
Bernstein
v. Virgin America, Inc., et al., F.3d , 2021 U.S. App.
LEXIS 5197 (9th Cir. Feb. 23, 2021), gave some wins to the
airlines, air carriers employing California-based flight
crewmembers must, as a practical matter, now abide by the
state s stringent wage and hour laws – even if the
crewmembers in question perform most of their work out of
state.
Background
Bernstein is a class action brought by flight
attendants for Virgin – a former California-based carrier
– who alleged that the carrier violated California s wage
and hour laws. The primary issue was whether California s wage
and hour laws applied. The class members, all of whom were based in
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When should an entity be considered a joint employer for
purposes of federal wage and hour law? The answer to that question
has been in a state of flux for the past few years, but as of
Thursday, March 11, the U.S. Department of Labor s answer was
“more often.” That s because the DOL issued a proposed rule on Thursday aiming to strike down
a narrowed version of the joint employer rule put in place during
the Trump administration.
In 2016, the Obama administration s DOL held that a
Trial Court Properly Dismissed
Employee s CFRA And Disability Discrimination Claims
Choochagi v. Barracuda Networks, Inc., 60 Cal. App.
5th 444 (2021)
George Choochagi worked as a technical support manager for
Barracuda Networks where he reported to Hossein Ghazizadeh.
Choochagi complained to HR that Ghazizadeh had made inappropriate
sexual comments to him about having sex with women at the office
and about Choochagi s not being man enough for his
position. Approximately 18 months after Choochagi transferred
to another supervisor, he began experiencing severe migraine
headaches and eye irritation, which required him to seek medical
treatment. When Choochagi requested additional leave time,
Barracuda allegedly moved to terminate his employment or force him