NLRB Decision Gives Employers More Leeway to Discipline Employees for Offensive Speech. Traditionally, the National Labor Relations Act protected offensive or even abusive speech by employees when the worker is involved in...more
7/27/2020
/ Coronavirus/COVID-19 ,
Disciplinary Proceedings ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
NLRB ,
Offensive Language ,
Protected Concerted Activity ,
Quarantine ,
Travel Restrictions ,
WARN Act
House Appropriation Committee Approves a Slew of 2021 Spending Bills. Last week, we updated on the House Appropriations Committee’s work on the Interior and Environment Appropriations Bill, the Legislative Branch...more
7/20/2020
/ Appropriations Bill ,
Coronavirus/COVID-19 ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Financial Services Industry ,
Government Lockdown ,
Legislative Agendas ,
Paid Family Leave Law ,
State and Local Government ,
Wage and Hour ,
Workplace Safety
The Trump administration, in response to a lawsuit filed by Harvard University and Massachusetts Institute of Technology, as well as several other suits, agreed to rescind its surprise Immigration and Customs Enforcement...more
7/16/2020
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
F-1 Visa ,
Foreign Students ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
M-1 Visa ,
Non-Immigrant Visas ,
SEVP ,
Trump Administration ,
USCIS ,
Visas
A Window Into Democratic Fiscal Priorities: House Reveals FY 2021 Budget Priorities. This week, the House Committee on Appropriation unveiled Interior and Environment Appropriations Bill and the Legislative Branch,...more
7/13/2020
/ Coronavirus/COVID-19 ,
EEO-1 ,
Equal Opportunities ,
Federal Budget ,
Foreign Students ,
Immigration and Customs Enforcement (ICE) ,
Joint Employers ,
Legislative Agendas ,
NLRB ,
Quarantine ,
Travel Restrictions
Happy 4th! While we continue to track policy that matters, we would be remiss if we did not wish all of our readers, and of course the Nation itself, a Happy Independence Day. The tradition of Independence Day celebrations...more
7/8/2020
/ Administrative Procedure Act ,
Business Closures ,
Coronavirus/COVID-19 ,
Election Procedures Rule ,
Executive Orders ,
Governor Newsom ,
Injunctive Relief ,
Legislative Agendas ,
NLRB ,
Paycheck Protection Program (PPP) ,
Re-Opening Guidelines ,
State and Local Government ,
State Budgets ,
Travel ,
Unions
Despite Big SCOTUS Win For Dreamers, President Trump Continues to Restrict Immigration Through Executive Action. As we noted here, just last week, SCOTUS issued its opinion in Department of Homeland Security v. Regents of...more
6/29/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Disparate Impact ,
Fair Labor Standards Act (FLSA) ,
H-1B ,
H-2B ,
J-1 Visas ,
L-1 Visas ,
Legislative Agendas ,
Liquidated Damages ,
Non-Immigrant Visas ,
Pending Litigation ,
Personal Protective Equipment ,
Quarantine ,
Re-Opening Guidelines ,
Trump Administration ,
WARN Act
SCOTUS Drops Decisions of Import to Employers. As you may have heard, last week, the Supreme Court of the United States announced decisions in Department of Homeland Security v. Regents of Univ. of Cal., and Bostock v....more
6/24/2020
/ Altitude Express Inc v Zarda ,
Americans with Disabilities Act (ADA) ,
Bostock v Clayton County Georgia ,
Coronavirus/COVID-19 ,
DACA ,
Department of Homeland Security v Regents of the University of California ,
EEOC v RG & GR Harris Funeral Homes ,
ENDA ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
LGBTQ ,
OSHA ,
Re-Opening Guidelines ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title VII ,
Trump Administration
Legacy of the George Floyd Protests Start to Ripple Into the Workplace.
As the George Floyd protests sweep the nation, a sizable amount of reformative legislation is being introduced into state legislatures. While the...more
6/17/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Courthouses ,
Employee Privacy Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Immigration Procedures ,
Legislative Agendas ,
OSHA ,
Police Brutality ,
Pregnancy Discrimination ,
Protests ,
Re-Opening Guidelines ,
Social Media Policy ,
Unemployment ,
Workplace Safety
Non-Essential Retail Begins the Arduous Process of Reopening. As many states and localities are beginning the first phases of reopening, governmental entities across the country are doing their level best to provide as much...more
6/1/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Responsibilities ,
Essential Workers ,
Families First Coronavirus Response Act (FFCRA) ,
Legislative Agendas ,
Paid Time Off (PTO) ,
Paycheck Protection Program (PPP) ,
Re-Opening Guidelines ,
Retailers ,
Workplace Safety
An Exercise in Listening: Bipartisan Effort to Revamp the PPP. As we have noted here, here, and here, the PPP is simultaneously the most used and the most contentious provision in the CARES Act. ...more
5/22/2020
/ Administrative Appointments ,
Bonuses ,
CARES Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Workers ,
FEMA ,
Good Faith ,
Legislative Agendas ,
NLRB ,
OSHA ,
Paycheck Protection Program (PPP) ,
Re-Opening Guidelines ,
Trump Administration
House Phase Four COVID-19 Relief Package Sheds Additional Light on Dem Priorities; Package Expected to Pass House Today on Partisan Basis. On Tuesday, Nancy Pelosi unveiled the details of a $3 trillion COVID-19 relief package...more
5/15/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Drug Testing ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
Hiring & Firing ,
Job Applicants ,
Legislative Agendas ,
Liability ,
Marijuana ,
Re-Opening Guidelines ,
Retailers
On Tuesday, May 12, 2020, House speaker Nancy Pelosi unveiled a 1,815 page, $3 trillion COVID-19 relief bill that would touch on almost every area of the economy and impose new obligations on employers. Some areas are,...more
5/14/2020
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employee Benefits ,
Essential Workers ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Foreign Workers ,
Immigrants ,
Legislative Agendas ,
Multiemployer Plan ,
Pensions ,
Premium Pay ,
Retirement Plan ,
Sick Leave ,
Sick Pay
Administration Issues Meat-Packing Executive Order Falling Short of Original Plan. On April 28, President Trump issued an Executive Order entitled “Executive Order on Delegating Authority under the DPA with Respect to Food...more
5/4/2020
/ Agribusiness ,
COBRA ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Farm Animals ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Supply ,
Health Insurance ,
Layoffs ,
OSHA ,
Poultry ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Trump Administration ,
WARN Act ,
Workplace Safety
Congress Replenishes Paycheck Protection Program (PPP) Through its Phase Four Coronavirus Relief Package. On Tuesday, via unanimous consent, the Senate passed the Paycheck Protection Program Increase Act of 2020...more
4/23/2020
/ Banks ,
Business Closures ,
Business Interruption ,
CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Loans ,
Financial Stimulus ,
Health Care Providers ,
Healthcare ,
Lenders ,
Lending ,
Liquidity ,
Medicaid ,
Medicare ,
New York ,
Nonprofits ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Phase Four Coronavirus Relief Package ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business ,
Tax Relief ,
Unemployment Insurance
Summary -
Late yesterday, the Senate passed the Paycheck Protection Program Increase Act of 2020. The measure appropriates a total of $484 billion, mainly to refund the Paycheck Protection Program (PPP), but also to provide...more
4/22/2020
/ Banks ,
Business Closures ,
Business Interruption ,
CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Loans ,
Financial Stimulus ,
Health Care Providers ,
Healthcare ,
Hospitals ,
Lenders ,
Lending ,
Liquidity ,
Medicaid ,
Medicare ,
New York ,
Nonprofits ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Phase Four Coronavirus Relief Package ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business ,
Tax Relief ,
Unemployment Insurance
Over the weekend, Congressman Jeremy Raskin (D-MD), appeared on NBC News to introduce H.R. 6525, the Reopen America Act of 2020. Congressman Raskin’s office released an attendant press release stating that the measure is...more
4/20/2020
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Responsibilities ,
Guidance Update ,
Health and Safety ,
Infectious Diseases ,
Personal Protective Equipment ,
Public Health ,
Re-Opening Guidelines ,
Remote Working ,
Shelter-In-Place ,
Sick Leave ,
State and Local Government ,
Virus Testing ,
Wage and Hour ,
Workplace Safety
On April 16, 2020, the Trump Administration issued Guidelines entitled “Opening Up America Again” to help ease the Nation’s economy into reactivity and recovery from the COVID-19 crisis. ...more
4/17/2020
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Responsibilities ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
Paid Leave ,
Personal Protective Equipment ,
Public Health ,
Re-Opening Guidelines ,
Remote Working ,
Shelter-In-Place ,
Sick Leave ,
State and Local Government ,
Trump Administration ,
Unemployment Benefits ,
Virus Testing ,
Wage and Hour ,
Workplace Safety ,
Wrongful Death
Battle Over Additional Congressional COVID-19 Relief Legislation Sizzles then Smolders. All week, Democrats and Republicans have squabbled over how much aid, and what that aid should be earmarked for, in additional stimulus...more
4/9/2020
/ Business Interruption ,
CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Compliance ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Loans ,
Financial Stimulus ,
Lenders ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Securities and Exchange Commission (SEC) ,
Small Business ,
Transition Relief
Seyfarth Synopsis: As reported through our “Paid Leave and Coronavirus” series, the Families First Coronavirus Response Act (“FFCRA” or the “Act”) went into effect on April 1, 2020. ...more
Department of Labor Issues Regulations on the Families First Coronavirus Response Act (FFCRA). On April 1, the Department of Labor issued final “temporary” regulations interpreting the requirements of the FFCRA. As indicated...more
Seyfarth Synopsis: The Families First Coronavirus Response Act (“FFCRA” or the “Act”) goes into effect tomorrow April 1, 2020. As covered employers prepare for the Act’s paid sick time (“PST”) and paid family medical leave...more
3/31/2020
/ CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
EFMLA ,
Employer Liability Issues ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Financial Stimulus ,
Healthcare Facilities ,
Inspections ,
New Legislation ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
SBA Lending Programs ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
Senate Passes Historic $2 Trillion COVID-19 Legislation; House to Vote on the Same Tomorrow. As you are well aware, the Senate last night unanimously passed a $2 trillion financial relief package, the Coronavirus Aid, Relief,...more
3/27/2020
/ CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Financial Stimulus ,
Healthcare Facilities ,
Inspections ,
New Legislation ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
SBA Lending Programs ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
Seyfarth Synopsis: The Families First Coronavirus Response Act (“FFCRA” or the “Act”) continues to evolve as we march closer to the Act’s April 1, 2020 effective date. Most recently, the Senate passed H.R. 748, its...more
Senate Passes Historic $2 Trillion COVID-19 Legislation; House to Vote on the Same Tomorrow. As you are well aware, the Senate last night unanimously passed a $2 trillion financial relief package, the Coronavirus Aid, Relief,...more
The Senate just approved H.R. 6201, the Families First Coronavirus Response Act, including the "technical corrections" passed March 16 in the House. The legislation will soon go to the President for signature. We summarized...more
3/23/2020