Volume 20 | November 2021
HR & the Law in the News
This Month's Stories: COVID Corner (3 stories) & FLSA (2)
COVID Corner #1:
EEOC Updates COVID-19 Vax Guidance

In October, the U.S. EEOC updated its Guidance on "What You Should Know about COVID-19 and the ADA...and other EEO Laws" three times! All changes were made to Sections K and L. Section K is about requests for medical accommodations and related laws. Section L is new and addresses religious accommodation.
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COVID Corner #2:
Testing Creates Wage & Hour Woes
Last month a class action lawsuit representing more than 10,000 workers was reportedly filed against Amazon. The suit seeks back pay for the time workers spent waiting for COVID-19 screening. Similar claims are likely to arise now that more employers are requiring weekly testing.

Does that time have to be paid? The answer is likely to vary depending upon whom you ask: a state or federal court.
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COVID Corner #3:
Vax Incentives & Reasonable Accommodation
On October 4th three federal agencies published some FAQ’s related to group health plans and COVID-19 vaccination programs. One question about vaccine incentives caught my attention. I wondered how the guidance might address reasonable accommodation under the Americans with Disabilities Act (ADA).
Management Misclassification Costs $8M
In 2016, a class action lawsuit was filed claiming managers who were "apprentices" or “in training” were misclassified as exempt under the Fair Labor Standards Act (FLSA).

The claim was based, in part, on the allegation that they performed non-exempt duties such as “food production and customer service” in addition to exempt level duties.

The case just settled last month.
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Don't Dock If You Don't Clock
An employer has a policy of automatically deducting one hour for a meal period. The policy tells employees about the deduction, instructs them to not perform any work during the meal period, and to use the time as they wish.

19 employees filed suit, alleging they should have been paid for the one hour meal period. The employer said they had plenty of idle time to take advantage of the one hour meal period, so it did not need to be paid. Who won?

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This publication does not constitute the rendering of legal advice. You should consult your company's legal counsel for guidance on any matter. 
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