A recently enacted federal law serves as a reminder to employers to ensure their workplace policies and procedures, including those relating to employee benefits, should not discriminate on account of an employee’s marital...more
This article has been updated since its original release date of 28 July 2022. As the world continues to struggle with the ongoing COVID-19 pandemic, another infectious disease is raising alarm bells on the global stage. On...more
As the world continues to struggle with the ongoing COVID-19 pandemic, another infectious disease is raising alarm bells on the global stage. On 23 July 2022, the World Health Organization (WHO) declared monkeypox a “public...more
On 9 July 2021, President Biden issued an executive order (EO) tasking the Treasury Department, in combination with the Department of Justice (DOJ), the Department of Labor (DOL), and the Federal Trade Commission, with...more
3/23/2022
/ Anti-Competitive ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Information Reports ,
Non-Compete Agreements ,
Restrictive Covenants
This Alert addresses the following: The Office of Federal Contract Compliance (OFCCP) has issued its first Directive of the Biden Administration, the Pay Equity Audit Directive (DIR 2022-01) (Directive)....more
On 2 March 2022, President Biden released his administration’s National COVID-19 Preparedness Plan (Plan) to “enable America to move forward safely” from the COVID-19 pandemic. The Plan focuses on four main areas—(1)...more
Illinois may be on the road to becoming the “California” of the Midwest based on the latest developments in its employment laws. The following is a look at the key regulatory changes for 2022 and possible changes for 2022 and...more
Health care-related employment laws became a prevalent topic in 2021—the year of the COVID-19 vaccination mandates. States and the federal government continued to adopt differing approaches on mandates affecting different...more
In the current pandemic environment, employers are searching for increasingly creative ways to incentivize COVID-19 vaccination among their employees. “Vaccine sweepstakes,” by which employers offer cash or other prizes...more
SCOTUS Rules on Vaccine Mandates: (1) Blocks OSHA’s ETS and (2) Allows CMS Mandate to Go into Effect - On 13 January 2022, the United States Supreme Court issued two rulings on the challenges to the Occupational Safety and...more
UPDATE: Shortly after the publication of this alert on December 20, 2021, the United States Supreme Court announced that it will hear arguments on January 7, 2022 on both the Occupational Safety and Health Administration’s...more
12/24/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Workplace Safety
Although most federal contractors have been focused on compliance with COVID-19 vaccination mandates, it’s important to take a moment to look at another compliance topic related to equal employment opportunity obligations. On...more
OVERVIEW - On 15 to 17 November 2021, the Florida legislature debated and passed four bills that address COVID-19 issues related to employees and parents/students. On 18 November 2021 and effective immediately, Florida...more
Since the publication of this alert, the United States Court of Appeals for the Fifth Circuit granted an emergency motion to stay enforcement of OSHA’s Emergency Temporary Standard, finding there is “cause to believe there...more
As employers across the country await additional rules related to COVID-19 vaccination mandates for employers with more than 100 employees, companies in the State of Texas are now subject to certain restrictions on their...more
Introduction - On 4 October 2021, the Departments of Labor, Treasury, and Health and Human Services (the Departments) jointly issued a set of Frequently Asked Questions (FAQs) governing employers’ ability to provide discounts...more
On 9 September 2021, President Biden announced his comprehensive national strategy for addressing the COVID-19 pandemic including multiple directives and actions targeted at federal, private-sector, and healthcare employers....more
On 27 July 2021, the Centers for Disease Control and Prevention (CDC) issued updated guidance for When You’ve Been Fully Vaccinated, given new evidence that the dominant strain of COVID 19 circulating in the United States,...more
7/28/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Social Distancing ,
Vaccinations ,
Workplace Safety
Executive Order on Promoting Competition in the American Economy - On 9 June 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy (the Order). The White House also issued a Fact...more
On 10 June 2021, after months of anticipation by workers and the business community, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard1 (COVID ETS) with significant implications...more
On 13 May 2021, the Centers for Disease Control and Prevention (CDC) issued new guidance, stating that individuals who are fully vaccinated against COVID-19 “can resume activities without wearing a mask or staying 6 feet...more
5/19/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employees ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Vaccinations ,
Workplace Safety
The following is a list of suggested practices for businesses to consider during the reopening process as they return employees to in-person work after an extended period of working remotely. The following are suggested...more
The U.S. Equal Employment Opportunity Commission (EEOC) announced last Friday that it was withdrawing two proposed rules regarding the incentives employers can provide their employees as part of a wellness program without...more
The impact of COVID-19 on the health care industry can hardly be overstated. Numerous important employment law developments occurred in 2020 related to COVID-19 that impacted the industry, including guidance on mandatory...more
2/16/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Retaliation Provisions ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Healthcare Workers ,
Liability ,
Public Health ,
Racial Bias ,
Reasonable Accommodation ,
Telemedicine ,
Title VII ,
Vaccinations ,
Wage-Fixing ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Safety
As additional COVID-19 vaccines receive emergency use authorization from the Food and Drug Administration, more employers are weighing the risks of implementing mandatory vaccination programs for employees. ...more