Seyfarth Synopsis: SB 1162, which may soon be signed into law, will require employers to report even more pay data to the California Civil Rights Department (f/k/a the Department of Fair Employment and Housing until July 1,...more
If Current Polling Holds, Expect Additional Executive Action In 2023 And 2024. This newsletter has often had occasion to discuss the Office of Information and Regulatory Affairs (OIRA) in the context of addressing rules...more
Inflation Reduction Act Of 2022. After the so-called “vote-a-rama,” that lasted all night and into the morning last Saturday / Sunday, the Senate finally voted to pass the Act through reconciliation, by a 51-50 vote margin...more
8/16/2022
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Governor DeSantis ,
NLRA ,
NLRB ,
Public Schools ,
Stop Woke Act ,
Title III ,
Website Accessibility ,
Websites
Sens. Schumer and Manchin Finally Agree On Contours Of Next Reconciliation Package. We have been following, and reporting on, the saga surrounding the next democrat only package, originally designated the Build Back Better...more
Annnnd We're Back: Legislative Update. We appreciate this audience bearing with us as this newsletter has been on a short hiatus in light of some scheduling issues. During that brief respite numerous different pieces of...more
7/19/2022
/ Arbitration ,
Competition ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
DFEH ,
EEO-1 ,
Federal Arbitration Act ,
Heat Exposure ,
Independent Contractors ,
Innovation ,
NLRB ,
OSHA ,
Paid Leave ,
Pay Equity Laws ,
Pre-Dispute Arbitration ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Stop Woke Act ,
Vaccinations ,
Viking River Cruises Inc v Moriana ,
Wage and Hour ,
Ways and Means Committee ,
West Virginia v EPA ,
Whistleblowers ,
Workplace Safety
Seyfarth Synopsis: Headlining the employment-related bills that passed the May 27, 2022, House of Origin Deadline is AB 85, which extended COVID-19 Supplemental Paid Sick Leave to September of this year, as well as bills...more
RISE and SHINE Act. It is just a discussion draft, so need to get too excited at the prospect of more bi-partisanship (maybe this author is alone in his excitement over that potential), but recently, Chair Patty Murray and...more
DOL’s 2023 Priorities, Per Labor Secretary Marty Walsh. Additional personnel topped Labor Secretary Marty Walsh’s wish list for 2023 as he laid out next year’s proposed budget at a hearing in front of the Subcommittee on...more
Uniting for Ukraine. While, currently, there is more than enough political news to support the 24 hours news cycle, the ongoing crises in Ukraine continues to be one of the top beats. The U.S. has been in lockstep with its...more
COVID-19 Relief? It has been a nice respite not touching on COVID-19 recently in this space. But COVID-19 will likely remain an issue employers must front for the foreseeable future. To that end, on April 07, the House of...more
Seyfarth Synopsis: On March 30, 2022, the Senate voted down a cloture motion to advance the nomination of Dr. David Weil to return as U.S. DOL Wage and Hour Division (“WHD”) Administrator. This public rebuke – made possible...more
House Passes Bill To Extend Recent Prohibition On Arbitration Of Sexual Harassment. While the 50-50 partisan split in the Senate has caused an uneven legislative road since the onset of the Biden Administration, legislation...more
Biden Administration Pursues Labor Goals From All Angles, Despite Hiccups, With No Sign of Slowing Down. With the PRO Act stalled in the Senate and unlikely to pass in anything close to its existing form, the Biden...more
Senate Passes The “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”; Biden Signature Imminent. As Seyfarth noted in this legal update, the central thrust of the measure is to permit persons...more
Seyfarth Synopsis: For more than twelve years, there have been efforts in Congress to limit the scope of mandatory employment arbitration agreements to exclude sexual harassment and sexual assault claims. Following the “Me...more
What SCOTUS Justice Stephen Breyer’s Retirement Portends For The LE World. The biggest news to come out of Washington D.C. in recent weeks is unquestionably the formal announcement of Supreme Court Associate Justice Stephen...more
Seyfarth Synopsis: SB 62, which became effective January 1, 2022, makes those involved in the chain of garment manufacturing jointly and severally liable for certain labor law violations, and eliminates piece-rate...more
A New Year Brings New Hope, And A Little Vaccine Clarity. Below is a brief discussion of where the various vaccine mandates stand in the courts. But this space is intended to provide a broader update on all of the various...more
Build Back…Sometime? Despite Senate Majority Leader Chuck Schumer’s repeated assurances that the Build Back Better Act (BBBA) would pass the Senate before the holidays, many Democratic Senators have now conceded that BBBA...more
CMS And Federal Contractor Vaccine Mandates Blocked By Numerous Article III Judges. On Monday, a federal judge in Missouri issued a preliminary injunction declaring the Centers for Medicare & Medicaid Services’ (CMS’)...more
The Two Relevant Policy Matters Are Really Big -- But Head Into The Weekend In A Holding Pattern. Below is a brief dabble into the history of a great American tradition. More importantly, though, the magnitude of the two main...more
11/22/2021
/ Bridges ,
Broadband ,
College Athletes ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Infrastructure ,
Marijuana ,
NLRA ,
NLRB ,
Recreational Use ,
Roads
On Friday, November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit extended its initial stay regarding OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Fifth Circuit made clear how...more
OSHA: From The Back Page To The Headlines. If asked in January of 2020 what exactly OSHA is and what it does within the Department of Labor, we would venture that the majority of PMN readers would not have a completely...more
President Biden Calls On Congress To Eliminate Subminimum Pay For Disabled Workers. The White House has called on Congress to eliminate a program under Section 14(c) of the Fair Labor Standards Act that allows employers to...more
Seyfarth Synopsis: On Saturday, October 9, 2021, Governor Newsom signed the last of 2021’s pending employment-related bills, including a bill imposing even more restrictions on settlement agreements. The new laws will...more