As we previously reported, OFCCP’s updated Voluntary Self-Identification of Disability Form (CC-305) was approved by the Office of Management and Budget (OMB) in April 2023. Form CC-305 was updated to include “the preferred...more
On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) – the agency which investigates and enforces federal antidiscrimination laws in the workplace – updated its guidance across several different areas...more
On June 7, 2022, the Council of the District of Columbia passed the Cannabis Employment Protections Act of 2022 (the “Bill”). If signed into law by D.C. Mayor Muriel Bowser, the Bill would prohibit employers, with certain...more
6/14/2022
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employer Rights ,
Labor Reform ,
Local Ordinance ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees ,
Pending Legislation ,
Recreational Use ,
Regulatory Agenda
On April 9, 2022, the Maryland state legislature overrode Governor Hogan’s veto of Senate Bill 275, also known as the Time to Care Act of 2022 (the “Act”). With the enactment of the law, Maryland becomes the latest state to...more
On March 24, 2022, Washington Governor Jay Inslee signed into law Engrossed Substitute House Bill 1795 also known as the “Silenced No More Act” (“the Act”). The Act prohibits agreements containing nondisclosure and...more
3/29/2022
/ Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Harassment ,
Independent Contractors ,
Labor Law Violations ,
Labor Reform ,
New Legislation ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
State Labor Laws ,
Washington
As previously reported, OFCCP has developed a Contractor Portal through which contractors are to certify compliance with their obligation to develop and maintain Affirmative Action Programs (“AAPs”). Contractors may begin...more
On March 15, 2022, the OFCCP issued its first directive since President Biden took office. Directive 2022-01 (the “Directive”) addresses contractors’ obligations to analyze their compensation systems and to turn over such...more
The District of Columbia’s ban on non-compete agreements is delayed again. As we previously reported, the DC Government enacted The Ban on Non-Compete Agreements Amendment Act (the “Act”) in January 2021, which creates one of...more
Yesterday, the Senate passed H. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”), by a voice vote. The bill had previously passed the House of Representatives by a vote of 335-97....more
2/11/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Pending Legislation ,
Regulatory Agenda ,
Sexual Assault ,
Sexual Harassment
On January 25, 2022, OSHA filed a notice withdrawing its Emergency Temporary Standard (“ETS”). The ETS had mandated that employers with 100 or more employees require all employees to be fully vaccinated against COVID-19 or to...more
1/26/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Starting January 15, 2022, DC will require the following establishments to verify that their guests, visitors and consumers ages 12 and older have received at least one dose of the COVID-19 vaccine...more
1/12/2022
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health and Safety ,
Infectious Diseases ,
Local Ordinance ,
Public Health Emergency ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
Effective December 21, 2021, through at least January 31, 2022, DC law requires that all individuals wear masks in indoor public spaces, regardless of vaccination status. As we previously reported, just last month DC Mayor...more
On December 17, 2021, the Sixth Circuit Court of Appeals, in a 2-1 decision, dissolved the stay previously placed on OSHA’s Emergency Temporary Standard (“ETS”) by the Fifth Circuit. The ETS mandates employers with 100 or...more
12/20/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Following up on two recent federal court decisions enjoining the enforcement of the contractor vaccine mandate, the Office of Management and Budget (“OMB”) has issued guidance, posted on the Safer Federal Workforce Task...more
12/9/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Motion To Enjoin ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
On December 7, 2021, a federal judge issued a nationwide preliminary injunction halting enforcement of the federal contractor and subcontractor vaccine mandate requirements issued by the Safer Federal Workforce Task Force in...more
12/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
On December 7, 2021, a federal judge issued a nationwide preliminary injunction halting enforcement of the federal contractor and subcontractor vaccine mandate requirements issued by the Safer Federal Workforce Task Force in...more
12/7/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Lack of Authority ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
DC Mayor Muriel Bowser signed into law the COVID Vaccination Leave Emergency Amendment Act of 2021 (“Emergency Act”), which requires employers to provide paid leave to employees and their children for time spent obtaining...more
Over the past few years, states across the country have sought to limit or reduce the use of employee non-compete agreements. While some states have imposed outright bans on such agreements, many more have passed laws that...more
11/19/2021
/ Competition ,
Confidential Information ,
Contract Terms ,
Corporate Counsel ,
Disparate Impact ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Former Employee ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Regulations ,
Low-Wage Workers ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
In this episode of The Proskauer Brief we are joined by partner Guy Brenner, who heads up Proskauer’s D.C. Employment Law practice and co-chairs our Non‑Compete and Trade Secrets Practice group and Daryl Leon, an associate in...more
Federal government contractors and subcontractors have been dealing with a steady stream of new FAQs and details regarding the COVID-19 safety requirements for federal contractors and subcontractors first announced by...more
11/11/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Deadlines ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
On November 4, 2021, OSHA released an “unpublished” version of its new Emergency Temporary Standard (“ETS”) mandating that employers with 100 or more employees require all employees get fully vaccinated against COVID-19 or be...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Today, the Biden Administration issued a Fact Sheet related to the new OSHA emergency temporary standard (“ETS”) requiring vaccination or masking for employers with more than 100 employees and the new Centers for Medicare and...more
11/4/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Deadlines ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
Federal government contractors and subcontractors have been scrambling for weeks to try to digest and implement the COVID-19 safety measures issued by the Safer Federal Workforce Task Force (the “Task Force”) in the wake of...more
11/2/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
The Safer Federal Workforce Task Force (the “Task Force”) has released additional frequently asked questions and answers (“FAQs”) regarding its Guidance for Federal Contractors and Subcontractors on implementing COVID-19...more
10/22/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
New Guidance ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
Tune in as we discuss “The Ban on Non-Compete Agreements Amendment Act of 2020,” a law that is set to take effect in our nation’s capital in 2022. The law essentially bans all employers from entering into any agreements that...more