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Implications for Employers Following the Supreme Court’s Latest Civil Rights Decisions

In three long-awaited decisions released on June 29-30, the Supreme Court has altered the legal landscape between an employer and its employees. One decision concerning affirmative action and the use of race-based decision...more

Non-Competes Called Unlawful - Again

In a new memo issued by the General Counsel (GC) for the National Labor Relations Board (NLRB), “the proffer, maintenance, and enforcement of a non-compete provision” is described as a violation of Section 8 of the National...more

No More Non-Competes? Impact of FTC’s Proposed Rule

Non-compete agreements have had a target on their back for some time, with several state laws already on the books to prohibit or significantly limit their use. (See laws in California, Colorado, Illinois, Maine, Maryland,...more

DOL Publishes Proposed Rule for Employee or Independent Contractor Classification

On October 13, 2022, the U.S. Department of Labor (DOL) published its proposed rule on Employee or Independent Contractor Classification Under the Fair Labor Standards Act (FLSA). The proposed rule would revert back to the...more

Discrimination Against Caregivers: New Guidance from the EEOC

As many aspects of our lives return to “normal” after two years in the COVID-19 pandemic, individuals with caregiving responsibilities—for children, grandchildren, parents, partners or other family members—often remain in...more

Pick Your Backlash: Deciding on a COVID-19 Vaccination Policy Means Backlash for Employers, Regardless of the Policy They...

Last month, the U.S. Supreme Court struck down the Occupational Safety and Health Administration’s (“OSHA”) COVID vaccine or test mandate for businesses with at least 100 employees. Thereafter, the Biden Administration...more

Mandatory Vaccination or Testing Is Back: Updates on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard for...

On Dec. 17, 2021, the Sixth Circuit Court of Appeals lifted a stay on the Occupational Safety and Health Administration’s (OSHA) Vaccination and Testing Emergency Temporary Standard (ETS) for employers with 100 or more...more

President Biden’s “Path out of the Pandemic” Imposes New Vaccination Requirements

On Sept. 9, 2021, President Biden announced a six-part plan to combat COVID-19. In spoken remarks, he described a “pandemic of the unvaccinated,” caused by the fact that nearly 80 million Americans have yet to get a shot. To...more

OSHA’s New Emergency Temporary Standard to Protect Healthcare Workers

The Department of Labor’s Occupational Safety and Health Administration (OSHA) recently issued a COVID-19 Emergency Temporary Standard (ETS) for the healthcare industry. The new standard focuses on protecting healthcare...more

New from OSHA on COVID-19: A COVID-19 Emergency Temporary Standard for Healthcare and Revised Guidance for All Other Employers

Today, the Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a COVID-19 Emergency Temporary Standard (ETS) for the healthcare industry. This ETS mandates the development and implementation of a...more

Employer-Provided Incentives for Vaccinations—Finally Some Guidance

The Equal Employment Opportunity Commission (EEOC) issued updated Question and Answer Guidance on COVID-19 vaccinations today. The new guidance clarifies several issues that were making some employers reluctant to provide...more

Employers Considering Differential Treatment Based on Vaccination Status

There is no clear guidance on whether employers may treat vaccinated and unvaccinated employees differently. Employers considering changes to their policies that would treat employees differently based on vaccination status,...more

CDC Issues New Guidance for Vaccinated Individuals

On March 8, 2021, the U.S. Centers for Disease Control and Prevention (CDC) issued new guidance for people who have been vaccinated for COVID-19. (A person becomes “vaccinated” two weeks after receiving the second shot of the...more

New DOL Independent Contractor Rules

The U.S. Department of Labor has announced new rules, effective March 8, 2021, clarifying how to determine if an individual is an employee–entitled to minimum wage, overtime, and other statutory protections—or an independent...more

Mandatory COVID Leave Expires, but Tax Credits for Providing COVID Leave are Extended

Starting Jan. 1, 2021, employers subject to the Families First Coronavirus Response Act (FFCRA) are no longer required to provide employees with COVID-related paid leave, but they may do so in some situations and still...more

EEOC Releases Guidance on COVID-19 Vaccine in the Workplace

On Dec. 16, 2020, the Equal Employment Opportunity Commission (EEOC) released its much-awaited guidance on the COVID-19 vaccine in the workplace. (See section “K. Vaccinations” at this link(link is external) for the full...more

CDC Changes Recommendations for Quarantine after Exposure and/or Travel

On Dec. 2, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued new guidance to local health departments regarding their options and choices for shortening the length of quarantine after a person is exposed...more

Revised DOL Regulations Limit Scope of Health Care Provider Exception Under the FFCRA

On Friday, Sept. 11, 2020, the U.S. Department of Labor (DOL) issued revisions to their original regulations on paid leave under the Families First Coronavirus Response Act (FFCRA). These revisions are in response to the Aug....more

What Employers Should Know About Deferring Employee Payroll Tax

On Aug. 8, 2020, President Trump issued a memorandum calling for the Secretary of Treasury to allow for the deferral of payroll tax withholding on the employee portion of certain payroll taxes. This memorandum is separate...more

DOL Rules Invalidated

A federal court in New York has invalidated portions of emergency Department of Labor (DOL) regulations that employers have been using to create their policies and determine whether to grant leave under the Families First...more

The CDC (and Others) Change Guidance

The one constant in the COVID-19 pandemic is that the guidance keeps changing. We have highlighted it before and we’ll do it again: Part of every employer’s COVID-19 preparedness and response plan needs to include the...more

Supreme Court Decisions Clarify Gender Discrimination Question for LGBTQ Community

On Monday, June 15, 2020, the United States Supreme Court issued a landmark ruling in three companion cases that provides much-needed clarity as to the issue of whether Title VII of the Civil Rights Act of 1964 (Title VII)...more

Brooks Pierce Webinar: Returning Employees to Work in a COVID-19 World [Video]

The crisis has not passed, but many employers are reaching out to us about returning their employees to work. Brooks Pierce Labor and Employment attorneys Natalie Sanders and Jessi Thaller-Moran discuss what employers should...more

Employers Receive New Guidance from Three Agencies on COVID-19 Issues

Three agencies have provided updated guidance for employers on essential COVID-19 issues: • The Department of Labor (DOL) addressed how new leave laws apply to these situations: -Domestic workers; -Those working through...more

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