HR Updates December 2020

DOL Confirms it Will Comply With New Court Order on Wage Rates

The U.S. Department of Labor has announced that it plans to comply with a new U.S. district court order ruling that the agency violated the Administrative Procedure Act by failing to engage in the proper rule-making process for a new interim final rule (IFR) that implemented significant and immediate increases in prevailing wage rates for skilled foreign workers. The court order, issued December 1, 2020, is effective nationwide and sets aside the IFR in its entirety, which had raised wage rates precipitously (tripling minimum wage rates for certain locations and occupations). In response, the DOL confirmed that it will comply with the court order and will issue revised wage rates (at pre-October 8, 2020 levels) to replace the 10/8/2020-6/30/2021 wage source year data improperly implemented under the IFR. Learn More

Ontario, Canada Court Finds Performance Concerns “Irrelevant” in Context of No-Cause Dismissal

In Kaminsky v Janston Financial Group, 2020 ONSC 5320, Ontario’s Superior Court reminds employers they will not be entitled to plead cause in response to a wrongful dismissal claim if at the time of dismissal, the employer was aware it had grounds to terminate for cause, but chose not to do so. Accordingly, an employer that has a for-cause basis to dismiss should consider terminating on that basis if it wishes to avoid liability for reasonable notice. Kaminsky puts employers on notice that if they terminate without cause and then include in a statement of defence allegations of performance concerns that would support termination for cause without reasonable notice, the court may strike out such portions of the pleading on the ground that they are irrelevant or scandalous. Learn More

EEOC Data Tool Provides User-Friendly Access to Workplace Demographic Data that Could Prove Useful for Diversity Initiatives

On December 2, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) launched EEOC Explore, an interactive tool that allows users to view workplace demographic data collected through Form EEO-1. EEOC Explore currently provides access to data for 2017 and 2018 in the aggregate, which can be filtered by location, industry, sector, EEO job category, and year. These filters provide employers access to industry data that may prove useful for benchmarking and understanding the availability of certain demographic groups. Learn More

Virginia Imposes New COVID-Related Restrictions on Individuals and Businesses

In the face of rising numbers of COVID-19 cases, on December 10, 2020, Virginia Governor Ralph Northam issued Executive Order (EO) 72, imposing new restrictions on individuals and businesses in the Commonwealth effective Monday December 14, 2020, through January 31, 2021. The new restrictions include a modified stay-at-home order, continued restrictions on dining establishments and other business directly serving the public, reductions in social gathering limits, and an enhanced face covering requirement. Learn More

Pittsburgh Ordinance Requires Employers to Provide Paid Sick Leave for COVID-19-Related Reasons, Effective Immediately

On December 8, 2020, Pittsburgh’s City Council unanimously passed a Temporary COVID-19 Paid Sick Leave Ordinance, which Mayor Peduto signed on December 9, 2020. The Ordinance, which took effect immediately, requires employers with 50 or more total employees to provide up to 80 hours of paid “COVID-19 Sick Time” in addition to any leave employers provide to their employees, with very limited exceptions. The Ordinance will remain in effect until the public health emergency officially ends. Learn More