In June, 2021, Philadelphia’s previous public health emergency leave mandate expired. However, on March 9, 2022, Philadelphia Mayor Jim Kenney signed a new bill extending COVID-19 paid sick leave to certain eligible...more
President Biden has signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” which we previously discussed here. During the signing ceremony, President Biden celebrated the...more
The U.S. Senate passed a bipartisan bill aimed at preventing employers from requiring workers to arbitrate sexual harassment and assault claims. The bill will now go to President Biden for his expected signature....more
Summary -
The nationwide scrutiny of non-compete agreements continues in 2022. An increasing number of states are severely limiting, or absolutely prohibiting, the use of restrictive covenants. While for many years...more
This episode features a discussion of the current array of federal COVID-19 vaccine mandates: their effectiveness and requirements, the scope of their coverage, and what employers should consider in responding to them....more
12/6/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Health Care Providers ,
Healthcare Workers ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Many federal contractors already have an obligation to develop and maintain written Affirmative Action Plans. Now, the Office of Federal Contract Compliance Programs (OFCCP) has announced that those same companies will be...more
On Monday, November 15, after Congress passed a $1 trillion infrastructure bill, President Biden signed it into law. This law will pour billions into roads and bridges, transit, broadband services, airports, waterways and...more
11/18/2021
/ Airports ,
Biden Administration ,
Bridges ,
Broadband ,
Davis-Bacon Act ,
Equal Employment Opportunity Commission (EEOC) ,
Infrastructure ,
NLRA ,
NLRB ,
Recordkeeping Requirements ,
Roads ,
Water
As we previously reported here, the United States Judicial Panel on Multidistrict Litigation conducted a lottery to determine which of the thirteen federal appeals courts would hear the consolidated cases challenging the...more
Summary -
The Biden Administration has announced vaccine mandates for certain federal contractors and subcontractors, employees of large, private employers, and certain health care workers, all of which are slated to take...more
11/11/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
The Occupational Safety and Health Administration (”OSHA”) has issued its long-awaited Emergency Temporary Standard requiring employers with 100 or more employees to mandate that each worker be fully vaccinated, or subject to...more
On September 7, the House Ways and Means Committee released bill text that includes a new national, universal paid medical and family leave plan. This bill represents just one portion of the expected $3.5 trillion social...more
On September 7, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit claiming an employer discriminated against disabled employees by failing to provide workplace accommodations related to COVID-19....more
The Colorado Supreme Court issued its long-awaited decision in Nieto v. Clark’s Market, Inc., ruling that employers must pay employees for any earned but unused vacation upon termination of employment. This decision means...more
A federal judge in Colorado has upheld the enforceability of Colorado’s pay transparency law, despite vigorous challenges from the business community. As previously reported here, in November 2020, Colorado passed sweeping...more
Today, the U.S. Equal Employment Opportunity Commission (EEOC) substantially augmented its technical assistance questions and answers related to the COVID-19 pandemic, and the application of the Americans with Disabilities...more
Just in time for Memorial Day weekend, New Jersey Governor Phil Murphy has signed Executive Order 242, removing many of the state’s remaining COVID-19 restrictions. This Executive Order recognizes the marked progress New...more
On Friday, May 7, Pfizer and its partner BioNTech filed an application seeking full approval from the United States Food and Drug Administration (FDA) for its COVID-19 vaccine for patients age 16 and up. Pfizer is the first...more
On Tuesday, April 27, President Biden signed an executive order requiring federal contractors to pay their employees a minimum of $15 an hour starting on March 30, 2022. After that, the order will continue to index the...more
The United States Department of Labor (DOL) Wage and Hour Division just launched a new initiative called “Essential Workers, Essential Protections” that provides workers with information about the wage and hour laws that...more
On March 11, 2021, President Biden signed the American Rescue Plan Act. At $1.9 trillion, it is the second largest stimulus bill in legislative history. The ARP includes labor-related spending initiatives important to both...more
Summary -
The $1.9 trillion American Rescue Plan (ARP) is the second largest stimulus bill in legislative history and includes labor-related spending initiatives, an extension of unemployment benefits, COBRA subsidies, an...more
The National Labor Relations Board (NLRB or Board) has withdrawn a proposed rule that would have exempted graduate students from the definition of “employees” under the National Labor Relations Act (NLRA). Under the rule...more
As previously reported here, President Biden directed the Small Business Administration (SBA) to impose an exclusive two-week window where only the smallest businesses – those with fewer than 20 employees and sole proprietors...more
On March 2, 2021, the United States Department of Labor (“DOL”) announced that it is officially delaying the effective date of the rule titled “Independent Contractor Status under the Fair Labor Standards Act.” The effective...more
Summary -
On January 26, 2021, the U.S. Department of Labor (DOL) suspended a Final Rule on tipped employees that it previously had announced on December 22, 2020. The Final Rule clarified tip pooling for employees in the...more