Labor & Employment Law Daily Top labor and employment developments for March 2020
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Saturday, May 2, 2020

Top labor and employment developments for March 2020

By Kathleen Kapusta, J.D.

In case you missed the in-depth coverage of Labor & Employment Law Daily for March 2020, a month in which life, including employment law, was upended, here’s a recap of some key developments in the L&E community.

Highlights from March 2020 include:

COVID-19 dominates

  • President Trump, on March 18, signs into law the Families First Coronavirus Response Act.
  • Nine days later, the President signs a second COVID-19 emergency package, the $2 trillion bipartisan Coronavirus Aid, Relief, and Economic Security (CARES) Act.
  • The Department of Labor adds new guidance documents to its COVID-19 resources.
  • WHD releases FFCRA required notices.

Supreme Court action

  • Justices agree to hear ACA individual mandate case
  • Section 1981 demands a but-for causation pleading standard

Federal courts of appeal decisions

  • Third Circuit overturns ruling that UberBLACK limousine drivers were not employees.
  • DC Cir.: Federal court can’t dismiss putative class members before class action is certified

Other decisions of interest

  • C.D. Cal.: Freelance writers’ constitutional claims based on AB 5 fall flat
  • N.Y. Sup. Ct.: Postmates courier is “employee” for purposes of unemployment compensation
  • Uber, Lyft face coronavirus paid sick time suits

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