On December 22, 2020, the U.S. Department of Labor (DOL) issued a final rule solidifying tip credit issues under the Fair Labor Standards Act (FLSA). The rule becomes effective 60 days.
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On December 22, 2020, the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction banning the enforcement of Executive Order 13950, which seeks to prohibit purported “stereotyping” and “scapegoating” based on race and sex in workplace trainings provided by federal government contractors, or by recipients of federal grants.
In its ruling, the court held that Section 4 of the executive order, which applies to workplace training programs conducted by federal contractors, and Section 5 of the order, which applies to recipients of federal grants, likely violate the First Amendment to the U.S. Constitution, insofar as they are an impermissible government restriction on free speech, and the Due Process Clause of the Constitution, because they are impermissibly vague and do not provide clear notice of what is and what is not permissible expression. The court held that in li
1 conducted a Stakeholders Meeting to address employer concerns about the COVID-19 Emergency Temporary Standard (ETS) issued by the California Occupational Safety and Health (Cal/OSHA), explain the ETS’s key provisions, and establish a focused agenda for an upcoming Advisory Committee Meeting during which Cal/OSHA will consider amendments to the ETS.
Background on the ETS
The ETS took effect on November 30, 2020, over the objections of several employers, trade associations, employer agencies, and defense counsel. It consists of five particularly notable sections addressing COVID-19 prevention, multiple COVID-19 infections and COVID-19 outbreaks, major COVID-19 outbreaks, COVID-19 prevention in employer-provided housing, and COVID-19 prevention in employer-provided transportation to and from work. Subsequently, in an attempt to clarify ambiguities stemming from the ETS, Cal/OSHA issued guidance on the ETS, including FAQs.