Oh Happy Day! Stimulus Is Finally (Almost) Live. The House and Senate are scheduled to vote on a $900 billion pandemic relief package along with a $1.4 trillion measure to fund the government through September 30, 2021. ...more
12/22/2020
/ Americans with Disabilities Act (ADA) ,
CARES Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Financial Stimulus ,
FRCP 30(b)(6) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Independent Contractors ,
Infectious Diseases ,
Legislative Agendas ,
Non-Compete Agreements ,
Paycheck Protection Program (PPP) ,
Reasonable Accommodation ,
Relief Measures ,
Vaccinations
The NLRB Will Look, And Act, Much Differently Under A Biden Administration. Joe Biden has reiterated, again and again, that supporting organized labor will sit atop his agenda. The board is currently operating with a vacant...more
12/8/2020
/ Biden Administration ,
Coronavirus/COVID-19 ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Infectious Diseases ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
NLRB ,
OSHA ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Safety
Stimulus, Vaccines, and Corona. OH MY!
First, The Stimulus. The status of additional stimulus remains where it has been as we have been tracking it for months, ever since the House passed the HEROES Act: nowhere. While the...more
11/23/2020
/ ABC Test ,
Americans with Disabilities Act (ADA) ,
Biden Administration ,
Coronavirus/COVID-19 ,
Executive Orders ,
Financial Stimulus ,
Gig Economy ,
H-1B ,
Immigration Reform ,
Independent Contractors ,
Infections ,
Infectious Diseases ,
Labor Reform ,
Lyft ,
Moderna Inc. ,
Pfizer ,
Public Charge ,
Re-Opening Guidelines ,
Secretary of Labor ,
Title III ,
Trump Administration ,
Uber ,
Vaccinations
This special post-election report is brought to you by Seyfarth's Policy Matters Newsletter. With so much at stake, we have collected the top-of-mind issues to watch as the election results take shape. ...more
11/6/2020
/ Affordable Care Act ,
Biden Administration ,
Coronavirus/COVID-19 ,
DACA ,
Donald Trump ,
Federal Employment Agencies ,
General Elections ,
Immigration Reform ,
Infectious Diseases ,
Joe Biden ,
Members of Congress ,
Policy Drafting ,
Political Campaigns ,
Popular ,
Presidential Elections ,
Vaccinations
The Saga Of The Stimulus Deal Continues. As readers of this newsletter are well aware, the negotiations over additional stimulus legislation to confront COVID-19, and all of its attendant consequences, has seen a number of...more
10/23/2020
/ Bias ,
Border Security ,
Canada ,
CARES Act ,
Conciliation ,
Coronavirus/COVID-19 ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Financial Stimulus ,
H-1B ,
Hiring & Firing ,
Immigration Reform ,
Infectious Diseases ,
Legislative Agendas ,
Loan Forgiveness ,
Paid Sick Leave ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
Request For Information ,
Sexual Stereotyping ,
Trump Administration
Seyfarth Synopsis: The Sacramento Board of Supervisors has joined many other California locales, including Los Angeles City and County, San Francisco, Oakland, and San Jose, in requiring employers to provide covid-related...more
A Tribute To The Late, Incomparably Great, Justice Ruth Bader Ginsburg. Exactly two weeks to the day, the Country began collective mourning over the loss of one of the greatest jurisprudential minds in a century. Justice...more
10/5/2020
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Dukes v Wal-Mart ,
Epic Systems Corp v Lewis ,
Financial Stimulus ,
Gig Economy ,
Government Shutdown ,
Governor Newsom ,
H-1B ,
H-2B ,
Independent Contractors ,
Infectious Diseases ,
J-1 Visas ,
L-1 Visas ,
Legislative Agendas ,
Paid Leave ,
Preliminary Injunctions ,
Ruth Bader Ginsberg ,
SCOTUS ,
Sex Discrimination ,
Sexual Harassment ,
Title VII ,
Trump Administration ,
Vance v. Ball State University ,
Visas ,
Women in the Law
Seyfarth Synopsis: September 30 was Governor Newsom’s last day to sign or veto bills the Legislature passed by its August 31 deadline. Some new laws—including COVID-19 supplemental paid sick leave and workers’ compensation...more
10/2/2020
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employee Training ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Newsom ,
Infectious Diseases ,
Labor Code ,
New Legislation ,
Occupational Exposure ,
Paid Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Safety
Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social...more
9/28/2020
/ At-Will Employment ,
Employer Liability Issues ,
Employment Policies ,
First Amendment ,
Hiring & Firing ,
NLRA ,
NLRB ,
Off-Duty Employees ,
Political Expression ,
Political Speech ,
Protests ,
Social Media ,
State Labor Laws ,
Viewpoint Discrimination
Despite A Series Of Disappointments, Stimulus Negotiations Remain In The News. As readers of the newsletter are well aware, this specific topic has consumed an inordinate amount of white space. ...more
9/22/2020
/ Black Lives Matter ,
Coronavirus/COVID-19 ,
EEO-1 ,
Executive Orders ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
Forbearance Agreements ,
Form I-9 ,
Gender-Based Pay Discrimination ,
Infectious Diseases ,
Legislative Agendas ,
Pay Data ,
Pay Equity Laws ,
Payroll Taxes ,
Pregnancy Discrimination ,
Race Relations ,
Relief Measures ,
Social Security Taxes ,
Student Loans ,
Tax Deferral ,
Trump Administration ,
Unemployment Benefits
Seyfarth Synopsis: Businesses operating in California have had all of eight months to adapt since Assembly Bill 5, a landmark piece of legislation governing their relationships with independent contractors, took effect on...more
9/9/2020
/ ABC Test ,
Corporate Counsel ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
Music Industry ,
Regulatory Agenda ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Writers
Seyfarth Synopsis: Businesses operating in California have had all of eight months to adapt since Assembly Bill 5 (“AB 5”), a landmark piece of legislation governing their relationships with independent contractors, took...more
9/9/2020
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Music Industry ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Writers
Additional Stimulus Negotiations — Along With A Long-Awaited Federal Liability Shield — Are Going Nowhere, Fast. The negotiations for a new stimulus before August failed. The stakeholders promised a negotiated stimulus...more
9/8/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Eviction ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
Lactation Accommodation ,
Legislative Agendas ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Payroll Taxes ,
Relief Measures ,
Social Security Taxes ,
Trump Administration ,
Undocumented Immigrants
Seyfarth Synopsis: The California Legislature has passed a series of employment-related bills for Governor Newsom to consider. He has until September 30 to approve or veto these bills, most of which relate to leaves of...more
9/4/2020
/ ABC Test ,
Cal Code of Civil Procedure ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
DFEH ,
Domestic Violence ,
EEO-1 ,
Entertainment Industry ,
FEHA ,
Gender Neutral ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Leave of Absence ,
Medical Marijuana ,
Military Service Members ,
OSHA ,
Paid Family Leave Law ,
Paid Sick Leave ,
Pay Data ,
Penal Code ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Settlement Agreements ,
Sexual Harassment ,
Statute of Limitations ,
Unemployment Benefits ,
Veterans ,
Workers' Compensation Claim
23 State AGs Coordinate to Sweep Shaky Legal Footing of Immigration Executive Orders. As we at the PMN summarized here, and as Seyfarth explored here, on April 23, President Trump issued an Executive Proclamation banning...more
8/21/2020
/ Coronavirus/COVID-19 ,
Diversity Lottery ,
Eviction ,
Financial Stimulus ,
Forbearance Agreements ,
Foreign Workers ,
Form I-9 ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
Legislative Agendas ,
Moratorium ,
Payroll Taxes ,
Presidential Memorandum ,
Student Loans ,
Tax Deferral ,
Travel Restrictions ,
Trump Administration ,
Unemployment Benefits ,
Visas
Senator McConnell Unveils Controversial New Stimulus Plan; $2 Trillion Gulf Remains. This week, the Senate GOP released the details of an approximately $1 Trillion stimulus package, the so-called HEALS Act, the Senate...more
8/3/2020
/ Airports ,
CARES Act ,
Coronavirus/COVID-19 ,
Financial Stimulus ,
Legislative Agendas ,
Paycheck Protection Program (PPP) ,
Quarantine ,
Relief Measures ,
Tax Credits ,
Unemployment Benefits ,
WARN Act
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
Seyfarth Synopsis: The controversy surrounding AB 5 unveiled a clear need for a new avenue of classifying so-called gig workers to combine the certainty of employee designations with the flexibility of gig jobs. ...more
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
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
Seyfarth Synopsis: Between states reopening and summer vacation beginning, employers have wondered what say they have over their employees’ use of PTO. ...more
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