At long last and at the tail-end of what is on track to be the hottest summer on record, the Occupational Safety and Health Administration (OSHA) issued its first proposed heat standard on August 30, 2024. OSHA's Notice of...more
9/3/2024
/ Comment Period ,
Employees ,
Employer Liability Issues ,
Health and Safety ,
Heat Exposure ,
NPRM ,
OSHA ,
Proposed Rules ,
Regulatory Agenda ,
Safety Precautions ,
Safety Standards ,
Workplace Hazards ,
Workplace Safety
On August 20, 2024, a Texas federal court judge issued an order halting the Federal Trade Commission's (FTC) non-compete rule, preventing it from taking effect on September 4, 2024. The order, issued by Judge Ada Brown, held...more
8/22/2024
/ Administrative Procedure Act ,
Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants
By a vote of 3-2, the Federal Trade Commission (FTC) passed the final version of its much-talked-about non-compete rule. The final rule hews closely to the proposed rule, effectively banning all existing or future non-compete...more
4/25/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
This week the EEOC issued its final rule implementing the Pregnant Workers Fairness Act (PWFA), which went into effect in June 2023. The PWFA requires employers with 15 or more employees to provide reasonable accommodations...more
4/18/2024
/ Civil Rights Act ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Final Rules ,
Labor Reform ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Title VII
In late 2022, President Biden signed legislation creating new protections for pregnant and nursing employees, which was addressed in a previous alert. The Pregnant Workers Fairness Act (PWFA), went into effect on June 27,...more
8/15/2023
/ Breastfeeding ,
Comment Period ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Labor Reform ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Proposed Rules ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation
New Form I-9 Edition; New Virtual Verification Procedure for Eligible E-Verify Employers; and Temporary Remote I-9 Flexibilities End, with Action Required by August 30, 2023....more
8/1/2023
/ Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Required Forms ,
USCIS
In late 2022, President Biden signed legislation creating new protections for pregnant and nursing employees. The Pregnant Workers Fairness Act (PWFA), which goes into effect June 27, 2023, and the Providing Urgent Maternal...more
6/2/2023
/ Breastfeeding ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Federal Labor Laws ,
Labor Reform ,
Lactation Accommodation ,
New Legislation ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation ,
Rest and Meal Break
In 2022, health and safety agencies' focus continued to shift away from the near-constant COVID-related discussions of the past few years. COVID-19 is not in the rearview mirror, but the Biden Administration's comprehensive...more
1/10/2023
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Enforcement Actions ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Regulatory Agenda ,
Regulatory Oversight ,
SCOTUS ,
Severe Violators Enforcement Program (SVEP) ,
Workplace Safety ,
Workplace Violence
The Federal Trade Commission (FTC) started off 2023 with a bang. On January 5, the FTC proposed a new rule that would effectively ban most non-compete agreements, making them an unfair and unlawful method of competition under...more
1/10/2023
/ Anti-Competitive ,
Comment Period ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
Regulatory Agenda ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
As anticipated in our prior alerts, there have been continuing practical and legal challenges to implementing the Path Out of the Pandemic plan. This alert provides an update on the current status of challenges to OSHA's...more
12/2/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Comment Period ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
Motion To Enjoin ,
Multidistrict Litigation ,
OSHA ,
Preliminary Injunctions ,
Stays ,
Tenth Amendment ,
Vaccinations ,
Workplace Safety
On November 23, 2021, Kansas Governor Laura Kelly signed House Bill 2001, following a special session called by the Kansas legislature. This new law presents potential conflicts with federal vaccine requirements for federal...more
11/29/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Exempt-Employees ,
Federal v State Law Application ,
Healthcare Workers ,
Infectious Diseases ,
New Legislation ,
OSHA ,
Preemption ,
State Labor Laws ,
Vaccinations ,
Workplace Safety
As directed by President Biden in September, the Centers for Medicare & Medicaid Services (CMS) issued its interim final rule on November 4, 2021 mandating COVID-19 vaccines for a broad group of health care workers....more
11/5/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Interim Final Rules (IFR) ,
New Guidance ,
Public Health ,
Workplace Safety
After much controversy and debate, the Wichita City Council passed an ordinance aimed at banning discrimination within the City of Wichita. The ordinance, passed on October 12, 2021, does not supplant applicable state and...more
On September 9, 2021, President Biden announced major actions intended to combat the spread of the COVID-19 pandemic called the Path Out of the Pandemic that will have a significant impact on employers across the country. ...more
9/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Federal Contractors ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Vaccinations ,
Workplace Safety
At long last, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS), after the Office of Management and Budget concluded stakeholder meetings on Wednesday, June 9. ...more
6/15/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Public Health ,
Workplace Safety
As discussed in "New Coronavirus Relief Legislation Impacts Employers in Two Key Areas" the Families First Coronavirus Response Act (FFCRA) paid leave mandates expired January 1, 2021 and there is presently no requirement...more
3/15/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Infectious Diseases ,
Labor Reform ,
New Legislation ,
Paid Time Off (PTO) ,
Popular ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits
Several of the first actions signed by President Biden following his inauguration were directly aimed at worker safety. ...more
As mandated in President Biden's Executive Order on Protecting Worker Health and Safety, on January 29, OSHA issued a new guidance document, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in...more
2/2/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Remote Working ,
Telecommuting ,
Vaccinations ,
Workplace Safety
Late in the day on December 27, 2020, President Trump signed the Consolidated Appropriations Act of 2020, which contains the latest in coronavirus relief measures. The massive 5,593-page legislation covers a wide variety of...more
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) provided guidance to employers considering mandating or encouraging their employees to be vaccinated for COVID-19. The EEOC promulgated the...more
12/18/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
On June 4, 2020, the Kansas Legislature passed the COVID-19 Response and Reopening for Business Liability Protection Act. It now goes to Governor Laura Kelly for signature....more
6/10/2020
/ Best Practices ,
Civil Liability ,
Coronavirus/COVID-19 ,
Damages ,
Fines ,
Goods or Services ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Legislative Agendas ,
Manufacturers ,
Penalties ,
Policies and Procedures ,
Public Health Emergency ,
Workplace Safety
Workers' compensation normally provides the exclusive remedy for employee injuries and occupational diseases that arise in the course and scope of employment. When an employee gets hurt at work, the employer doesn't have to...more
As the curve of COVID-19 infections begin to level off, employees recover from infections, and as government shelter-in-place and similar orders begin to expire, businesses are confronted with the complexities of returning...more
5/4/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Labor Relations ,
OSHA ,
Personal Protective Equipment ,
Popular ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Social Distancing ,
Workplace Safety
On April 1, 2020 the U.S. Department of Labor (DOL) issued a temporary rule promulgating regulations on the Families First Coronavirus Response Act (FFCRA), which created two new emergency paid leave requirements in response...more
4/7/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
Colorado's legislature has been busy implementing new laws that impact Colorado employers. Employers should review their policies and practices to come into compliance, and plan for future changes to keep pace with the law....more
3/13/2020
/ Ban the Box ,
Employee Definition ,
Employer Liability Issues ,
Equal Pay ,
Labor Regulations ,
Minimum Wage ,
New Legislation ,
Over-Time ,
State and Local Government ,
State Labor Laws ,
Tip-Pooling ,
Wage and Hour ,
White-Collar Exemptions