Labor & Employment Law Daily Top labor and employment developments for March 2020
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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