Carolyn Rashby

July 7, 2020, SHRM

Carolyn Rashby spoke with SHRM about obligations of employers towards employees’ spouses’ COVID-19 concerns. Ms. Rashby says if an employee says his or her spouse is worried about the employee returning to work due to the spouse’s or a family member's health issues, the employer isn't obligated to take those concerns into account unless the worker's need to care ...

June 15, 2020, Inside Compensation

In an important civil rights development, the U.S. Supreme Court today issued a 6-3 opinion in Bostock v. Clayton County, Georgia, holding that gay and transgender employees are protected under the prohibition against workplace sex discrimination in Title VII of the Civil Rights Act of 1964 (“Title VII”).  Justice Gorsuch delivered the majority opinion, ...

June 10, 2020, Covington Alert

The COVID-19 pandemic is accelerating the digital transition and the adoption of artificial intelligence (“AI”) tools and Internet of Things (“IoT”) devices in many areas of society. While there has been significant focus on leveraging this technology to fight the pandemic, the technology also will have broader and longer-term benefits. As the New York Times has ...

May 26, 2020, SHRM

Carolyn Rashby spoke with SHRM about the decisions companies will have to make when employees are fearful of entering the office due to COVID-19 concerns. Ms. Rashby says after decisions about who can and can't work remotely are made and communicated, disciplining or firing employees who refuse to come in out of a generalized fear likely is permissible in many ...

May 21, 2020, Covington Alert

On May 19, OSHA issued updated guidance reinstating employers’ obligations to record work-related COVID-19 cases. The guidance takes effect May 26. OSHA had previously suspended this obligation for most employers in an April 10 enforcement discretion document, but advocates for both employers and employees have recently pressed for more robust guidance from OSHA ...

May 6, 2020

As businesses across multiple industries and geographies prepare for reopening following COVID-19 closures, Covington is providing practical resources and guidance on the broad array of issues companies face as employees return to the workplace. Learn more in our multi-part series: Part One: Navigating the Legal Risk of Return Part Two: Potential ...

April 27, 2020, Covington Alert

Whether a company is an essential business or is expecting to reopen in the coming weeks, a number of challenges must be addressed in order to provide a safe environment in which employees can work, while at the same time mitigating risk and restoring operations. Generally speaking, employees can be required to come to the workplace, but this general rule must ...

April 23, 2020, Bloomberg Law

Carolyn Rashby is quoted in Bloomberg Law regarding the increase of “work sharing,” a tool that lets employees tap into jobless benefits when their hours are reduced, during the COVID-19 pandemic. Ms. Rashby says, “Having an option to keep people employed at some reduced percentage of their hours and pay but having that option to quickly say, ‘OK we’re ready to ...

April 23, 2020, Financial Times

Lindsay Burke and Carolyn Rashby spoke with the Financial Times about the request from U.S. businesses that seek a shield from litigation if they expose employees to COVID-19 after calling them back to work. Both Ms. Rashby and Ms. Burke note that the firm’s employment practice has been flooded with questions about how employers could minimize their legal risks ...

April 22, 2020, Covington Alert

Whether a company is an essential business or is expecting to reopen in the coming weeks, a number of challenges must be addressed in order to provide a safe environment in which employees can work, while at the same time mitigating risk and restoring operations. Generally speaking, employees can be required to come to the workplace, but this general rule must ...

April 22, 2020, Law360

Lindsay Burke and Carolyn Rashby are quoted in Law360 regarding legal dangers and logistical challenges associated with reopening businesses in the U.S. Ms. Burke says, “We're in a lot of new territory here. I don't think any employers in modern history have had to return to operations in the middle of a global health crisis. And so we're really trying to ...

April 21, 2020, Covington Alert

Whether a company is an essential business or is expecting to reopen its doors in the coming weeks, a number of challenges must be addressed in order to provide a safe environment in which employees can work, while at the same time mitigating risk and restoring operations. Generally speaking, employees can be required to come to work, but this general rule must ...

April 21, 2020, Bloomberg Law

Lindsay Burke and Carolyn Rashby spoke with Bloomberg Law about the uphill battle employees who contract COVID-19 on the job may face if they choose to sue their employer. Ms. Burke says, “We’re in territory we haven’t seen before. We are looking at a whole lot of different legal risks and issues. It’s not clear how they will play out. Traditionally an illness ...

April 17, 2020, Covington Alert

Whether a company is an essential business or is expecting to reopen its doors in the coming weeks, a number of challenges must be addressed in order to provide a safe environment in which employees can work, while at the same time mitigating risk and restoring operations. Generally speaking, employees can be required to come to work, but this general rule must ...

April 16, 2020, Covington Alert

Whether a company is an essential business or is expecting to reopen in the coming weeks, a number of challenges must be addressed in order to provide a safe environment in which employees can work, while at the same time mitigating risk and restoring operations. Generally speaking, employees can be required to come to work, but this general rule must be ...

April 8, 2020, Covington Alert

Employers are facing new challenges in responding to COVID-19 and its implications for their workplaces in the United States. The checklist below will assist in thinking through the issues most likely to need attention in the immediate future. Information, agency guidance, and potential responses to COVID-19 are changing rapidly. This checklist was last updated ...

March 25, 2020, Covington Alert

In light of the federal Families First Coronavirus Response Act ("FFCRA") and New York State’s sick leave law, both of which were signed on March 18, 2020, many New York employers will need to be prepared to comply with their new federal and state sick leave obligations to employees impacted by COVID-19. As discussed in a prior client alert, the FFCRA requires ...

March 24, 2020, Inside Compensation

As the COVID-19 public health crisis continues, businesses are dealing with unprecedented disruptions to operations and workforce stability. Most employers undoubtedly want to assist their employees during this uncertain time, but they are struggling to balance the cost of maintaining their workforce with shrinking profits. The frequent result of such a ...

March 24, 2020, Covington Alert

As the COVID-19 public health crisis continues, U.S. businesses are dealing with unprecedented disruptions to operations and workforce stability. Most employers undoubtedly want to assist their employees during this uncertain time, but they are struggling to balance the cost of maintaining their workforce with shrinking profits. The frequent result of such a ...

March 19, 2020, Covington Alert

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act, H.R. 6201 (the “Act”) in response to the pressing economic concerns arising from the spread of COVID-19. The Senate passed the House bill, as modified by the House on March 16, without change. For private-sector employers with fewer than 500 employees and certain ...

March 9, 2020, Inside Compensation

In a positive development for businesses, the National Labor Relations Board (NLRB) has published a final rule setting a new, stricter standard for determining joint employer status under the National Labor Relations Act (NLRA). The new rule, which takes effect on April 27, 2020, comes on the heels of a recent rule published by the...… Continue Reading

August 2020

Recapture of Excess COVID-19 Payroll Tax Credits Addressed in New Regs Recapture of Excess COVID-19 Payroll Tax Credits Addressed in New Regs As the legal, regulatory, and commercial implications of coronavirus COVID-19 continue to evolve, our lawyers and advisors are helping clients navigate the complex considerations that companies around the world are ...

February 10, 2020, Inside Compensation

The U.S. Department of Labor (“DOL”) has published a final rule, which takes effect on March 16, 2020, outlining the new four-factor approach DOL will use to determine whether, under the Fair Labor Standards Act (“FLSA”), a business is a “joint employer” of another company’s employees and thus jointly and severally liable for wage and...… Continue Reading

January 9, 2020, Inside Compensation

California employers are ringing in the new year with a host of new workplace laws.  Here is an overview of new employment-related laws, along with recommendations for compliance.  All of the laws, unless otherwise specified, went into effect on January 1, 2020. You can use these links to jump to the summaries of new laws...… Continue Reading

October 7, 2019, Inside Compensation

Recently enacted California Assembly Bill 5 (“AB-5”) is a game changer for businesses that use independent contractors in California — and a warning shot for employers nationwide.  Subject to exemptions for certain occupations and professions, AB-5 imposes a strict “ABC” test that appears to put a thumb on the scale of classifying workers as employees...… ...

October 4, 2019, Inside Compensation

The U.S. Department of Labor (DOL) has announced a final rule that will increase access to overtime pay under the Fair Labor Standards Act (FLSA) for approximately 1.3 million workers.  The final rule, which comes six months after DOL published a proposed rule in March, is the latest development in a years-long process by DOL,...… Continue Reading

August 2019, Covington Alert

The ECJ ruled on 14 May 2019 (C-55/18) that Member States must take measures to ensure that employers comply with the minimum rest periods and prevent workers from working in excess of the weekly maximum working hours, including introducing an "objective, reliable and accessible system" to measure daily working time.

July 11, 2019, Inside Compensation

Bolstering the state’s reputation for progressive employment legislation, California has become the first state to ban discrimination based on natural hair and protective hairstyles.  On July 3, 2019, California Governor Gavin Newsom signed into law SB 188, which amends the California Fair Employment and Housing Act (FEHA), specifying that “hair discrimination ...

June 6, 2019

This webinar discussed the importance of workplace culture and best practices to reduce the risk of a toxic work environment. Topics included the current landscape employers are facing, why culture in the workplace matters, warning signs of an unhealthy workplace culture, and the legislative response to the #MeToo movement.

June 2019, National Restaurant Association -- Financial Officers, Tax Executives & Internal Auditors Executive Study Group

June 2019, Society for Corporate Governance -- National Conference

May 14, 2019, Inside Compensation

On April 29, 2019, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued an opinion letter finding that “virtual marketplace company” workers (of an unnamed business) were independent contractors rather than employees.  While not binding, the opinion signals that DOL is taking a less aggressive approach than in recent years to the hot-button...… ...

March 14, 2019, Inside Compensation

Following two years of anticipation, after a similar but more aggressive rule was proposed by President Obama’s administration and then squashed by federal courts in Texas, the Department of Labor (DOL) has issued the long-awaited Notice of Proposed Rulemaking that, if enacted, would expand access to overtime pay for certain employees under the Fair Labor...… ...

February 2019, Covington Alert

This International Employment Update summarises recent international employment law developments in China, France, Germany, Russia, the United Kingdom and the United States.

November 13, 2018

The webinar focused on how AI and other innovative technologies are revolutionizing how we work, from sophisticated algorithms and gamification that inform recruiting and hiring, to wearables that provide precision metrics to enhance employee performance and safety, to robots that “think” and “sense” like workers.

October 24, 2018, Covington Alert

California Governor Jerry Brown recently signed into law a number of landmark bills aimed at strengthening sexual harassment protections in the workplace and boosting gender equality in the boardroom. Here is an overview of the new statutes; unless otherwise specified, they take effect on January 1, 2019.

October 2018, Silicon Valley Association of General Counsel -- All Hands Meeting

October 2018, Covington Life Sciences Symposium

August 2018, California HR Conference

April 2018, San Francisco Gender Equity Challenge Forum

March 2018, Association of Corporate Counsel San Francisco-Bay Area

May 31, 2017, Bloomberg BNA

March 2017, NCHRA HR West Conference

July 2015, CalChamber California Employer Update

April 2015, ACC Docket

January 2015, Daily Journal