Relying on the parties’ written employment agreement and compensation plans, a California federal district court held that an at-will employee who was laid off due to COVID-19 could not recover commissions that were not fully earned prior to his termination. Peak v. TigerGraph, Case no. 21-cv-02603 (Sept. 7, 2021).
Background
The employee, a sales
Over its regular and two special sessions, the Texas legislature has passed several bills that are or soon will be in effect and will impact employers’ workplace policies and procedures. Additional special legislative sessions yet may be held and, with them, more changes may be on the horizon. Read more.
A Pennsylvania court recently addressed whether a deponent could be compelled to remove a face mask during his deposition after the deponent refused, citing health concerns. After rescheduling the deposition once, plaintiff’s counsel asked the Court to order the deponent to testify maskless given that he would be doing so alone in a room with
In Virginia, returning — or planning to return — to the physical workplace following the COVID-19 pandemic means ensuring employment practices comply with the Commonwealth’s significantly changing legal landscape. Read more.
In its first all-virtual/remote video-cast hearing, the Equal Employment Opportunity Commission (EEOC) discussed workplace civil rights implications of the COVID-19 pandemic for employees and employers. (Transcript of the April 28, 2021 hearing is available here.) During the hearing, Chairwoman Charlotte Burrows acknowledged that the EEOC must help employers navigate the new workplace landscape created
On April 6, 2021, the total number of COVID-19-related employment complaints filed in United States courts passed the 2,000 mark. Although it took eight months to reach the first 1,000 complaints (March–November 2020), it took less than five months to go from 1,000 to 2,000. Indeed, December 2020 through March 2021 included the four busiest
One year into the COVID-19 pandemic, U.S. courts are wrestling with a growing number of new legal theories related to COVID-19. Not surprisingly, California – the most populous state with some of the most employee friendly laws and courts – leads the way with the most COVID-19 employment lawsuits filed. See Jackson Lewis COVID-19 Employment
Jackson Lewis’ Martin Aron has co-authored, “The Impact of COVID-19 on Employment Claims and Litigation,” published by Claims Magazine, Jan./Feb. 2021 issue. The article focuses on (1) the variety of pandemic-related claims and litigation that have emerged during the COVID-19 pandemic; (2) the role human resources professionals, in-house counsel, and insurance claims professionals can
As 2021 begins, Jackson Lewis continues to work with employers to help them understand, prepare for, and handle the impact of COVID-19 on the workplace. In addition to advising and counseling clients, Jackson Lewis attorneys are handling COVID-19-related litigation matters nationwide, and are tracking COVID-19 employment litigation trends with Jackson Lewis’ interactive COVID-19 Employment LitWatch
The U.S. Courts’ COVID-19 Judicial Task Force has released guidance on conducting jury trials and convening grand juries during the pandemic.
The task force’s guidance, released on June 4, 2020, makes clear that each tribunal will ultimately set its own rules for jury trials after considering things like location, budget, and physical facilities.
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