We gotcher employment law news right here.
The email platform that we use to send out our legal bulletins had issues in the past week, which we did not discover until late Wednesday. While the technical difficulties were...more
I am pumped! Are you?
Last week, the U.S. Department of Labor issued a Field Assistance Bulletin to its staff on how to enforce the PUMP for Nursing Mothers Act, which was signed into law at the end of 2022 and is currently...more
Before the festivities begin, test your knowledge!
How much do you know about Labor Day? Take our quiz and find out! As always, the answers appear at the end of each question, so you can cheat all you want, and we'll never...more
Second of two on the FLSA.
NOTE FROM ROBIN: In March, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, the second...more
7/15/2022
/ Department of Labor (DOL) ,
Executive Compensation ,
Fair Labor Standards Act (FLSA) ,
Fluctuating Workweek ,
Non-Exempt Employees ,
Over-Time ,
Rate of Pay ,
Salaried Employees ,
Sales Commissions ,
Wage and Hour ,
White-Collar Exemptions
The court is right, I think.
A panel of the U.S. Court of Appeals for the Seventh Circuit issued an opinion on Wednesday that provides helpful clarification for employers and their leave administrators.
...more
The Occupational Safety and Health Administration officially withdrew its COVID-19 vaccination Emergency Temporary Standard, effective today.
The government has also asked that the ETS litigation (NFIB v. U.S. Department...more
Where does OSHA go now?
The Occupational Safety and Health Administration, I'm sure you've heard, officially withdrew its COVID-19 vaccination Emergency Temporary Standard, effective today...more
I won't be as giddy as I was yesterday.
As almost everyone knows, the U.S. Supreme Court yesterday reinstated a stay on the "vax-or-test" mandate issued by the Occupational Safety and Health Administration. As a result,...more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
While we wait.
I was really hoping that by yesterday the Supreme Court would have stayed the Emergency Temporary Standard that was issued by the Occupational Safety and Health Administration. Maybe today?...more
1/11/2022
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Mandates ,
Masks ,
Oral Argument ,
OSHA ,
Popular ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Substantively moderate, but logistically? Ugh.
As I'm sure you all have seen, the Occupational Safety and Health Administration released yesterday its long-awaited Emergency Temporary Standard on COVID-19 vaccinations. ...more
11/5/2021
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Documentation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Federal Employees ,
Federal Register ,
Immunization Records ,
Masks ,
Non-Exempt Employees ,
OSHA ,
Recordkeeping Requirements ,
Remote Working ,
Reporting Requirements ,
Vaccinations ,
Virus Testing
And here are the details, such that they are.
In his address to the Joint Session of Congress on Wednesday evening, President Joe Biden formally announced (among other things) the paid leave provisions of his American...more
He'll be sworn in tonight.
Yesterday the U.S. Senate voted 68-29 to confirm (former) Boston Mayor Marty Walsh to be Secretary of Labor. Last night, Mr. Walsh resigned as Mayor of Boston...
...more
And that's not all!
Nail in the coffin for Trump Order on "divisive" training. In January, President Biden signed an Executive Order that revoked Trump Executive Order 13950. As Cara Crotty has written, the Trump E.O....more
3/5/2021
/ Coronavirus/COVID-19 ,
Delays ,
Department of Labor (DOL) ,
Diversity ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
Independent Contractors ,
Infectious Diseases ,
Inspector General ,
Joe Biden ,
NLRB ,
NLRB General Counsel ,
Occupational Exposure ,
OIG ,
OSHA ,
Subcontractors ,
Trump Administration ,
Wage and Hour
Vaccines, unemployment, and more!
I had a COVID return-to-work quiz back in May, but a lot has changed since then, so I thought it might be fun to do an updated version. So . . .
How much do you know about COVID in the...more
2/26/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Documentation ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
Incentives ,
Layoffs ,
Masks ,
Quarantine ,
Reasonable Accommodation ,
Religious Exemption ,
Social Distancing ,
Trump Administration ,
Unemployment ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Marty moves ahead!
The Senate Health, Education, Labor and Pensions Committee voted 18-4 yesterday to send the nomination of Boston Mayor Marty Walsh to the full Senate, where he is expected to be confirmed...more
And more!
It's been another busy week at Chez Biden. I will dive right in.
NLRB Acting General Counsel Peter Ohr withdraws 12 memos by former GC Peter Robb. Of course, the withdrawn General Counsel memoranda were relatively...more
Tougher EEOC and OFCCP, a legal challenge at NLRB, and more.
NOTE FROM ROBIN: In this limited-edition "Biden Time" series, I provide regular updates on the new President's appointments and other actions that will be of...more
1/29/2021
/ Biden Administration ,
Cause Determination Finding ,
Conciliation ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Independent Contractors ,
Mediation ,
NLRB ,
NLRB General Counsel ,
OFCCP ,
Opinion Letter ,
Race Discrimination ,
Tip-Pooling ,
Unfair Labor Practices ,
Videoconference ,
Wage and Hour
Predictions from our attorneys in the practice areas that affect employers.
NOTE FROM ROBIN: The following went out as a legal bulletin on Thursday. I'm reproducing it here for those of you who do not subscribe to our...more
12/18/2020
/ Affirmative Action ,
Biden Administration ,
Compliance ,
Congressional Review Act ,
Data Privacy ,
Department of Labor (DOL) ,
Electoral College ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
H-1B ,
Immigration ,
Multistate Employers ,
NLRA ,
NLRB ,
OFCCP ,
OSHA ,
Presidential Elections ,
Race Discrimination ,
Religious Exemption ,
Sexual Stereotyping ,
Title VII ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour
The EEOC is inviting us to ask for opinion letters!
The U.S. Equal Employment Opportunity Commission announced this week that it will begin issuing opinion letters in response to requests from the public.
Eligible topics...more
12/11/2020
/ ADEA ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Opinion Letter ,
Title VII ,
Wage and Hour
Do you make the grade?
How much do you know about the Families First Coronavirus Response Act, work, and school? Take our quiz and find out! As always, the answers are provided at the end of each question, so you can cheat...more
Health care employers especially, take note!
In August, a federal judge in New York vacated portions of the regulations interpreting the Families First Coronavirus Response Act. It was not clear at first what the response of...more
In August, a federal judge in New York vacated portions of the regulations interpreting the Families First Coronavirus Response Act. It was not clear at first what the response of the U.S. Department of Labor would be. Among...more
The draft is at the White House as we speak.
Bloomberg Law reported this morning that revised regulations interpreting the Families First Coronavirus Response Act have been sent to the White House, "typically the last stop...more
Three new FAQs, all related to school closings.
The U.S. Department of Labor has issued three new FAQs on the Families First Coronavirus Response Act. All three relate to absences from work because of school...more
I'll keep this short.
(In case you're planning to start your holiday weekend a little early.)
How much do you really know about Labor Day? Take our quiz and find out! As always, the answers appear at the end of each...more