This week, we look at updates ranging from discrimination issues and COVID-19 guidance to local pay transparency law compliance.
Federal Judge Blocks EEOC's LGBTQ+ Guidance
The Equal Employment Opportunity Commission’s June...more
10/12/2022
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
New Guidance ,
Paid Sick Leave ,
Pay Transparency ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
Vaccinations ,
Wage and Hour
This week, we look at updated regulations in California and New York City and at the U.S. Department of Labor (DOL).
California Employers Update COVID-19 Policies
California employers are implementing updated COVID-19...more
5/18/2022
/ Adverse Employment Action ,
Cal-OSHA ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Masks ,
Pay Transparency ,
Retaliation ,
Salaried Employees ,
State Labor Laws ,
Vaccinations ,
Virus Testing ,
Wage & Hour Division (WHD) ,
Wage and Hour ,
Workplace Safety
This week, we’re breaking down recent local- and state-level developments impacting compliance for employers.
NYC’s Pay Transparency Law Expected to Be Delayed
If signed by Mayor Eric Adams, New York City’s pay...more
5/4/2022
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Electronic Monitoring ,
Employee Monitoring ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Masks ,
Pay Transparency ,
State Labor Laws ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
This week, we look at compliance and enforcement developments at the federal level and in the specific jurisdictions of New York City and California.
EEOC Reports Surge of COVID-19-Related Charges
On the heels of the Equal...more
4/6/2022
/ Americans with Disabilities Act (ADA) ,
Arbitration Agreements ,
Caregivers ,
Class Action Arbitration Waivers ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Arbitration Act ,
Hiring & Firing ,
Job Applicants ,
Job Promotions ,
Minimum Salary ,
Oral Argument ,
Pay Transparency ,
Private Attorneys General Act (PAGA) ,
Vaccinations ,
Wage and Hour
This week, we look at how state and local COVID-19 requirements and new COVID-19 benefits are shifting employers’ policies once again.
Employers Respond to SCOTUS OSHA Decision
Employers and government agencies are...more
This week, we’re breaking down what last week’s U.S. Supreme Court decision on two of the federal vaccine mandate rules will mean for employers.
Supreme Court Blocks OSHA ETS, Upholds CMS Mandate (see video attached)
The...more
1/19/2022
/ Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
This week, we look at the latest federal rules and guidance on vaccination policies, quarantine periods, and masking.
Updated Status of Federal Vaccine Orders
A very divided Supreme Court heard arguments last Friday...more
1/12/2022
/ Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Employment Policies ,
Healthcare Workers ,
Injunctions ,
Masks ,
OSHA ,
Popular ,
Quarantine ,
Sick Employees ,
Vaccinations ,
Virus Testing
This week, we’re recapping some of the biggest changes that impacted employers in 2021. We also look ahead to what’s in store in the new year.
A Shift in Labor Policy and Enforcement
The Biden administration is ushering in...more
12/22/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employee Mobility ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Healthcare Workers ,
Hiring & Firing ,
Labor Regulations ,
Masks ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Reasonable Accommodation ,
Unions ,
Vaccinations ,
Virus Testing ,
Wage and Hour ,
Workplace Safety
This week, we look at the status of the federal government’s COVID-19 vaccine rules for employers and the COVID-19 vaccine mandates in New York State and City.
Federal Vaccine Mandates Paused
All three federal vaccine...more
12/15/2021
/ Coronavirus/COVID-19 ,
Employer Mandates ,
Federal Contractors ,
Healthcare Workers ,
Injunctions ,
New York ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
This week, we look at complying with the rules that require employers to keep employee COVID-19 vaccination and testing information confidential.
HIPAA, Employee Privacy Protections, and COVID-19 (see video...more
12/8/2021
/ ABC Test ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Confidential Information ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Workers ,
Independent Contractors ,
Interim Final Rules (IFR) ,
Misclassification ,
OSHA ,
Preliminary Injunctions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
This week, the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS) is currently in the hands of the Sixth Circuit, while New York employers have several updates to look out for...more
11/24/2021
/ Anti-Retaliation Provisions ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Monitoring ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
NLRB ,
OSHA ,
Retaliation ,
State Labor Laws ,
Vaccinations ,
Virus Testing ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Safety
The Centers for Medicare & Medicaid Services (CMS) issued an interim final rule outlining vaccine requirements for staff at Medicare- and Medicaid-certified providers and suppliers.
Attorney Frank Morris discusses the next...more
This week, we look at the next steps large employers and health care providers need to take to comply with vaccine mandate rules applicable to their organizations.
OSHA ETS: Next Steps for Large Employers (see video...more
11/17/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Duty to Bargain ,
Employer Mandates ,
Employment Policies ,
Health Care Providers ,
Healthcare Workers ,
Human Resources Professionals ,
Interim Final Rules (IFR) ,
Masks ,
NLRB General Counsel ,
OSHA ,
Unions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
This week, the Biden administration has finally released the COVID-19 vaccine mandate rules for employers with 100 or more employees, and the challenges started right away.
Employers Face December, January Vaccine ETS...more
11/10/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Employment Policies ,
Health Care Providers ,
Healthcare Workers ,
Masks ,
OSHA ,
Petition for Review ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
This week, government agencies at both the federal and state level are preparing for the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS).
Employer Anticipation Builds for...more
11/3/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
OSHA ,
Popular ,
Religious Accommodation ,
Religious Exemption ,
Vaccinations ,
Warning Letters ,
Workplace Safety
This week, we review the status of the Occupational Safety and Health Administration’s (OSHA’s) emergency temporary standard (ETS) requiring employers to mandate vaccines.
Employers Await White House Decision on OSHA...more
10/20/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Group Health Plans ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Governor Abbott ,
Incentives ,
OSHA ,
Popular ,
U.S. Treasury ,
Vaccinations ,
Virus Testing ,
Workplace Safety
This week, we focus on what can be learned from the Equal Opportunity Employment Commission’s (EEOC’s) fiscal year (FY) 2021 filings as employers continue to navigate COVID-19 in the months ahead.
EEOC: Back in Enforcement...more
10/13/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
National Origin Discrimination ,
Reasonable Accommodation ,
Religious Discrimination ,
Religious Exemption ,
Retaliation ,
Sexual Harassment ,
Title VII ,
Vaccinations ,
Wage and Hour
This week, we look at the COVID-19 vaccination requirements for federal contractors and how the National Labor Relations Board (NLRB) is creating a more expansive view of the employment relationship.
Employers Prepare for...more
10/6/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Federal Labor Laws ,
Federal v State Law Application ,
Joint Employers ,
Misclassification ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OSHA ,
State Labor Laws ,
Student Athletes ,
Subcontractors ,
Vaccinations ,
Workplace Safety
This week, we update you on recent guidance for and challenges to President Biden’s requirement that employers with 100 or more employees, federal employers and contractors, and health care employers mandate COVID-19...more
9/29/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
OSHA ,
Vaccinations ,
Workplace Safety
This week, we look at significant developments for employers from across the federal government, including at the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), and...more
9/22/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Labor Regulations ,
OSHA ,
Paid Time Off (PTO) ,
Popular ,
Remote Working ,
Vaccinations ,
Virus Testing ,
Workplace Safety
This week, we focus on Biden’s six-pronged action plan towards combating COVID-19, which requires mandatory vaccination programs for a majority of employers.
Biden Announces Employer Vaccine Mandates (see video attached)
On...more
9/15/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Private Sector ,
Vaccinations ,
Virus Testing ,
Workplace Safety
This week, we look at the renewed focus on mandatory vaccination policies and how those policies may need to shift in light of COVID-19 booster shots.
President Biden Calls on Employers to Mandate Vaccines
Shortly after...more
9/1/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
EEO-1 ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Filing Deadlines ,
Health and Safety ,
Infectious Diseases ,
Pay Data ,
Vaccinations ,
Virus Testing ,
Workplace Safety
This week, we look at new federal guidance recommending all employees wear masks in the workplace and unique vaccination considerations for unionized workplaces.
OSHA Updates COVID-19 Mask, Vaccination Guidance (see attached...more
8/25/2021
/ Coronavirus/COVID-19 ,
Employment Contract ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
NLRA ,
OSHA ,
Re-Opening Guidelines ,
Recordkeeping Requirements ,
Vaccinations ,
Workplace Illness and Injury Reporting ,
Workplace Safety
This week, we look at how the COVID-19 Delta variant is shifting employer vaccination policies and how that shift is conflicting with regulations in some states.
The Shift to Mandatory Vaccinations
The Delta variant of...more
8/18/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Mandates ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Vaccinations ,
Vaccine Passports ,
Wage & Hour Division (WHD) ,
Workplace Safety
It's #WorkforceWednesday! This week, we look at how COVID-19 restrictions are tightening to curb the spread of the Delta variant, how NYC is ramping up enforcement of its ban-the-box law, and how Biden’s budget could impact...more
8/4/2021
/ Ban the Box ,
Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Criminal Background Checks ,
Employer Mandates ,
Employment Policies ,
Fair Chance Act ,
Federal Budget ,
Federal Funding ,
Health and Safety ,
Hiring & Firing ,
Infectious Diseases ,
Infrastructure ,
Job Applicants ,
Masks ,
Vaccinations ,
Workplace Safety