As of September 13th, the Department of Labor’s Wage and Hour Division (DOL-WHD) is partnering with the Equal Employment Opportunity Commission (EEOC) to focus on “enhanced law enforcement” through information sharing, joint...more
On March 6, 2023, the Federal Trade Commission (FTC) unanimously voted to extend the public comment period for its proposed rule on banning non-competes until April 19, 2023. Originally, the deadline for submitting comments...more
In the wake of the Federal Trade Commission’s (FTC) proposed rule that would effectively ban non-compete agreements nationwide, on February 1, 2023, a bipartisan group of U.S. Senators have renewed their efforts to ban the...more
Throughout the COVID pandemic, healthcare employers have navigated the challenge of balancing safety concerns with employee requests for religious exemption from the vaccine. Since lifting the stay of the CMS rule requiring...more
3/14/2022
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Healthcare Facilities ,
Healthcare Workers ,
Religious Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations
On January 13, 2022, in per curiam opinion National Federation of Independent Business et al., v. Department of Labor, Occupational Safety and Health Administration, et al., the Supreme Court stayed OSHA’s COVID-19...more
1/14/2022
/ Centers for Disease Control and Prevention (CDC) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
General Duty Clause ,
Lack of Authority ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Friday, January 07, 2022, the United States Supreme Court heard oral arguments on a rule promulgated by the Centers for Medicare & Medicaid Services (“CMS”) requiring healthcare workers at specific facilities participating...more
1/11/2022
/ Administrative Procedure Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Facilities ,
Healthcare Workers ,
Injunctions ,
OSHA ,
Popular ,
SCOTUS ,
Secretary of HHS ,
Vaccinations ,
Virus Testing
On January 7, 2022, the U.S. Supreme Court heard arguments on a slew of emergency applications for a stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS). OSHA’s ETS requires...more
On November 12, 2021, in BST Holdings, L.L.C. et al., v. Occupational Safety and Health Administration, the U.S. Court of Appeals for the Fifth Circuit affirmed the initial temporary stay of the Occupational Safety and Health...more
On October 27, 2021, OSHA issued an Advance Notice of Proposed Rulemaking (ANPRM) on Heat Injury & Illness Prevention in Outdoor and Indoor Work Settings. 86 Fed. Reg. 59309 (Oct. 27, 2021). As announced in the ANPRM, OSHA is...more
On July 29, 2021, the Internal Revenue Service (IRS) updated the FAQs relating to paid sick and family leave tax credits under the American Rescue Plan Act of 2021 (ARPA). The update adds provisions that expand the...more
On July 27, 2021, the Centers for Disease Control and Prevention (CDC) released new recommendations applicable to non-healthcare settings for fully vaccinated individuals as well as a report regarding masks and other COVID-19...more
On July 26, 2021, the White House issued a press release marking the 31st anniversary of the Americans with Disabilities Act and announcing the publication of new guidance and resources dedicated to assisting disabled...more
As previously discussed, the American Rescue Plan Act was passed and signed into law by President Biden on March 11, 2021. The Act extends and expands payroll tax credits until September 30, 2021, for employers who...more
4/9/2021
/ American Rescue Plan Act of 2021 ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Sick Leave Laws ,
Families First Coronavirus Response Act (FFCRA) ,
Full-Time Employees ,
Joe Biden ,
Opt-In ,
Paid Leave ,
Paid Sick Leave ,
Tax Credits ,
Vaccinations
As previously discussed, the American Rescue Plan Act was passed and signed into law by President Biden on March 11, 2021. The Act extends and expands payroll tax credits until September 30, 2021, for employers who...more
3/24/2021
/ American Rescue Plan Act of 2021 ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Full-Time Employees ,
Opt-In ,
Paid Leave ,
Payroll Taxes ,
Sick Leave ,
Tax Credits ,
Wage and Hour
Earlier today, a divided Congress approved the American Rescue Plan Act. The Act was the result of President Biden’s sweeping $1.9 trillion COVID-19 stimulus plan. President Biden is expected to sign the Act into law as early...more
3/11/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
New Legislation ,
Paid Leave ,
Public Health ,
Recordkeeping Requirements ,
Self Employed ,
Sick Leave ,
Tax Credits
On January 14, 2021, the Missouri Department of Health and Senior Services (DHSS) established vaccine priorities for many of the industries within Missouri’s workforce. Until now, employers could not appeal their vaccine...more
As we discussed previously after the Families First Coronavirus Response Act (FFCRA) expired on December 31, 2020, President Trump signed the 2021 Consolidated Appropriations Act (CAA) which allowed employers to decide if...more
UPDATE: President Trump signed the original relief bill into law on December 27, 2020. Employers can now continue to receive the federal tax credit for allowing employees to take unused FFCRA paid sick and family leave...more
As we discussed in previous posts, the Families First Coronavirus Response Act (FFCRA) requires private employers with less than 500 employees and certain public employers to provide employees with 80 hours of paid sick leave...more
Department of Labor (DOL) regulations issued on April 1, 2020, interpreted the Families First Coronavirus Response Act (FFCRA) and clarified several questions that the text of the law raised concerning employers’ duties to...more