News & Analysis as of

Time Extensions Employer Liability Issues

Gibney Anthony & Flaherty, LLP

DHS Expands STEM OPT Fields for International Students

On July 12, 2023, the U.S. Department of Homeland Security (DHS) added eight fields of study to the Designated Degree Program List qualifying F-1 students to secure a STEM OPT (science, technology, engineering, mathematics...more

Jenner & Block

Client Alert: The End of the COVID-19 Emergencies: Considerations for Health and Welfare Plan Administrators

Jenner & Block on

On January 30, 2023, the Biden administration[1] announced that on May 11, 2023 it plans to end the COVID-19 national emergency (Outbreak Period) and public health emergency (Public Health Emergency), which were declared by...more

Faegre Drinker Biddle & Reath LLP

COVID-19 National Emergency Plan Deadline Extensions Set to End This Summer

On January 30, 2023, President Biden announced the Administration’s plan to extend the current declarations of the COVID-19 national emergency and public health emergency (PHE) through May 11, 2023, and end both emergencies...more

Gibney Anthony & Flaherty, LLP

USCIS Extends COVID Flexibilities, Likely for Last Time

U.S. Citizenship and Immigration Services (USCIS) again extended certain COVID-19-related flexibilities, this time through March 23, 2023.  However, USCIS anticipates that this will be the final extension for these...more

Venable LLP

Employee or Independent Contractor: The Department of Labor Proposes a "New" Worker Classification Rule

Venable LLP on

​​​​​​​On October 11, 2022, the U.S. Department of Labor (the DOL) announced a proposed rule to reestablish the pre-2021 analytic framework for assessing the classification of workers under the Fair Labor Standards Act...more

Constangy, Brooks, Smith & Prophete, LLP

I-9 compliance flexibility extended till October 31, but a question remains

In March 2020, the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement relaxed some of the I-9 compliance requirements because of the COVID-19 pandemic. One of these “flexibilities” ended this...more

McDermott Will & Emery

California Extends, Intends to Update COVID-19 Cal/OSHA ETS

McDermott Will & Emery on

On February 28, 2022, California Governor Gavin Newsom extended the second readoption of the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Prevention Emergency Temporary Standard (ETS) currently...more

White & Case LLP

Constructive acceleration successfully claimed

White & Case LLP on

Outside of the United States, claims for constructive acceleration usually fail. However, in a recent Australian case such a claim succeeded. Does this now open the way for contractors to deploy constructive acceleration...more

Farella Braun + Martel LLP

[Webinar] Preparing Your Organization for California’s New Employment Laws in 2022 - February 17th, 3:30 pm - 4:30 pm PT

Each year in California, the new year brings new employment laws for businesses to follow. This is a good time for exempt organization employers to evaluate their policies and practices to ensure they keep pace with these...more

Sheppard Mullin Richter & Hampton LLP

OSHA Emergency Temporary Standard Survival Guide

What Happened? I Thought This Was Gone! On Friday, December 17, the United States Court of Appeals for the Sixth Circuit lifted the nationwide Stay that had been previously put in place by the United States Court of...more

Bass, Berry & Sims PLC

Sixth Circuit Dissolves Stay of OSHA ETS Requiring Vaccination and Testing for Large Employers

Bass, Berry & Sims PLC on

The U.S. Court of Appeals for the Sixth Circuit has dissolved the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS)....more

Bass, Berry & Sims PLC

If the Government Contractor Vaccine Mandate Doesn’t Get You, the OSHA ETS Might

Bass, Berry & Sims PLC on

In the past few days, there have been multiple developments in the legal challenges to the various vaccine mandates, one in favor of a mandate, one against. In addition, the first vaccine mandate challenge has now reached the...more

Sheppard Mullin Richter & Hampton LLP

Sixth Circuit Reinstates OSHA’s Emergency Temporary Standard for Private Employers Mandating COVID-19 Vaccinations or Weekly...

On November 4, 2021, in response to President Biden’s Executive Order, the Department of Labor, through the Occupational Safety and Health Administration (“OSHA”), issued an Emergency Temporary Standard (“ETS”). You can read...more

McDermott Will & Emery

Federal Vaccine Mandates Are Back in Play—For Now

McDermott Will & Emery on

The courts continue to move the vaccine mandate goalposts on employers as dozens of legal challenges work their way through the courts. The latest developments are major game changers for employers. As of the publishing of...more

Fenwick & West LLP

California and New York City Issue Updated COVID-19 Mandates

Fenwick & West LLP on

On December 13, 2021, the California Department of Public Health (CDPH), citing the Omicron variant and the need for additional protection during the holiday season, issued statewide guidance requiring face masks to be worn...more

Butler Snow LLP

Vaccine Mandate Update for Employers: Happy Holidays and Now What?

Butler Snow LLP on

After a wild weekend following some headline-grabbing court rulings, employers are heading into the holidays wondering what on earth is going on with workplace COVID-19 vaccine requirements. While clarity remains elusive, our...more

Foley Hoag LLP

OSHA COVID-19 Rule Will Go into Effect on January 10, 2022 After Stay is Lifted

Foley Hoag LLP on

On December 17, 2021, the 6th Circuit Court of Appeals lifted the stay on OSHA’s COVID-19 Emergency Temporary Standard (“ETS”), allowing OSHA to move forward with enforcing the ETS — including its rule requiring large...more

Conn Kavanaugh

Return of the ETS: Sixth Circuit Lifts Stay of Vaccination or Weekly Testing Mandate for Large Private Employers; OSHA Issues New...

Conn Kavanaugh on

On December 17, 2021, the United States Court of Appeals for the Sixth Circuit lifted the stay of the OSHA standard requiring vaccination or weekly testing of workers at private employers with 100 or more employees that the...more

Buckingham, Doolittle & Burroughs, LLC

OSHA ETS in effect; Fifth Circuit stay dissolved

On December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay that blocked OSHA from enforcing its vaccine or testing mandate. The OSHA ETS is once again in effect unless the United States Supreme Court agrees...more

Sheppard Mullin Richter & Hampton LLP

California Department of Public Health Requires Universal Indoor Masking Through January

On December 13, 2021, the California Department of Public Health issued binding guidance requiring all Californians statewide to mask indoors irrespective of vaccination status. The new guidance supersedes California’s...more

Foley Hoag LLP

Updates Regarding COVID-19 Vaccine Mandate for Federal Contractors Released

Foley Hoag LLP on

Updates Regarding COVID-19 Vaccine Mandate for Federal Contractors Released November 12, 2021 On November 4, 2021, the White House announced that the deadline for the federal contractor vaccination mandate will be extended...more

Foley Hoag LLP

Massachusetts Extends and Expands COVID-19-Related Emergency Paid Sick Law

Foley Hoag LLP on

On September 29, 2021, Massachusetts Governor Charlie Baker signed into law an extension to the Massachusetts COVID-19 Emergency Paid Sick Leave (“EPSL”) program. As we wrote about in detail..., the EPSL program requires...more

Faegre Drinker Biddle & Reath LLP

Ontario Again Extends Temporary Relief from the ESA’s Termination and Severance Provisions

As we previously highlighted, on May 29, 2020, the Province of Ontario enacted Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), under the Employment Standards Act, 2000 (ESA). The IDEL...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal District Court Highlights the Risk of Inaccurate and Inconsistent Communications Regarding Leaves of Absence

In Knaup v. Molina Healthcare of Ohio, Inc., (No. 2:19-cv-166) the United States District Court for the Southern District of Ohio addressed whether an employee had received an extension of time for submitting medical...more

Fox Rothschild LLP

Act Now For More Time To File Your California Pay Data Report!

Fox Rothschild LLP on

The deadline for employers to file their first annual pay data report with the California Department of Fair Employment and Housing (DFEH) – March 31 — is fast approaching. For employers scrambling to comply, a reprieve is...more

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