On 5 January 2023, the Federal Trade Commission (FTC) released a Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule. The proposed rule, if adopted, would effectively ban the use of non-competes with...more
President Biden recently signed into law the Speak Out Act (S. 4524), which prohibits enforcement of pre-dispute nondisclosure and nondisparagement agreements in connection with sexual assault and sexual harassment disputes....more
The District of Columbia has expanded the benefits available to eligible D.C. employees under the D.C. Paid Family Leave law and released an updated notice. Covered employers should promptly implement the newly issued notice...more
In response to concerns raised by the federal contractor community, the Office of Federal Contract Compliance Programs (OFCCP) recently announced that it is extending the deadline for contractors to file objections to the...more
The U.S. is one of the easiest jurisdictions in the world in which to do business. Regulatory barriers are generally low, establishing a branch or business entity is quick and easy, labor and employment laws are much more...more
9/21/2022
/ Anti-Money Laundering ,
Business Formation ,
Capital Markets ,
CFIUS ,
Choice of Entity ,
Corporate Governance ,
Directorate of Defense Trade Controls (DDTC) ,
Doing Business ,
Employer Liability Issues ,
Environmental Social & Governance (ESG) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Intellectual Property Protection ,
ITAR ,
Office of Foreign Assets Control (OFAC)
On August 19, 2022, the Office of Federal Contract Compliance Programs (OFCCP) announced that it received a request under the Freedom of Information Act (FOIA) to release EEO-1 data submitted by federal contractors and first...more
In welcome news for employers, the District of Columbia recently adopted the Non-Compete Clarification Amendment Act of 2022 (the Amended Act), which substantially revises the near-total ban on employee non-compete provisions...more
Join the Hogan Lovells Employment and Government Contracts teams on Tuesday, May 10, 2022 for a discussion on significant developments for federal supply and service contractors, including from the Department of Labor's...more
4/28/2022
/ Affirmative Action ,
Audits ,
Ban the Box ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Mandates ,
Enforcement ,
Equal Pay ,
Federal Contractors ,
Hiring & Firing ,
Minimum Wage ,
OFCCP ,
Vaccinations ,
Wage and Hour ,
Webinars
Effective March 23, 2022, the Virginia occupational safety and health standard on COVID-19 (the Standard) has been revoked. The Standard established protocols that Virginia employers were required to follow to control,...more
On February 10, 2022, the Securities and Exchange Commission (SEC) proposed amendments to Exchange Act Rules 21F-3 and 6, which govern the implementation of its whistleblower program. These amendments increase the SEC’s...more
The Department of Labor’s (DOL) final rule implementing Executive Order 14026 (EO), which raises the minimum hourly wage from $10.95 to $15.00 for certain workers working on or in connection with covered federal contracts and...more
The District of Columbia has released an updated poster on COVID-19 leave available under the D.C. Family and Medical Leave Act (DCFMLA). Employers with 20 or more employees in the District should promptly post this poster....more
On January 13, the United States Supreme Court reinstituted a stay on the Occupational Safety and Health Administration Emergency Temporary Standard (OSHA ETS), which mandates that employers with 100 or more employees require...more
1/17/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted a stay on the Occupational Safety and Health Administration's "vaccination-or-test" Emergency Temporary Standard (ETS), allowing the ETS to take...more
On November 18, 2021, District of Columbia Mayor Muriel Bowser signed emergency legislation that requires private employers in D.C. to provide eligible employees with paid time off for their own and their children’s COVID-19...more
On December 7, 2021, a federal district court issued a nationwide preliminary injunction prohibiting the U.S. government from enforcing its COVID-19 vaccination mandate for federal contractors while a legal challenge to the...more
On November 10, the National Labor Relations Board (NLRB) Office of the General Counsel (GC), issued a memorandum with its position on unionized employers’ bargaining obligations when implementing the Occupational Safety and...more
11/18/2021
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Unions ,
Vaccinations ,
Virus Testing ,
Wage and Hour
The Fifth Circuit’s decision temporarily suspending OSHA’s “vaccine-or-test” mandate is the first of what could be more stay decisions to come, say Hogan Lovells’ Sean Marotta, George Ingham, and Amy Kett. They explain how...more
A federal court of appeals in Louisiana has temporarily stayed the U.S. Occupational Safety and Health Administration’s (OSHA’s) COVID-19 vaccine-or-test mandate for larger employers. We address what to expect next from the...more
On November 4, 2021, the U.S. Occupational Safety and Health Administration (OSHA) announced its long-awaited Emergency Temporary Standard (ETS) that requires employers with 100 or more employees, among other things, to...more
On November 1, 2021, the Biden Administration issued several new frequently asked questions (FAQs) for federal contractors subject to the President’s executive order mandating COVID-19 vaccinations for covered contractor...more
The Safer Federal Workforce Task Force (Task Force) has issued its guidance (Guidance) regarding the COVID-19 safety protocols that federal contractors must implement under President Biden’s recent Executive Order 14042. The...more
9/27/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
OSHA ,
Popular ,
Vaccinations ,
Workplace Safety
Late last week, in the latest step to curb the COVID-19 pandemic, President Joseph R. Biden announced new Federal contractor employee vaccination requirements that are set to go into effect as of 15 October. The...more
9/14/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Minimum Wage ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
On September 9, 2021, President Biden announced several new initiatives aimed at increasing COVID-19 vaccination rates in U.S. private sector workplaces, including directing the Occupational Safety and Health Administration...more
Virginia employers should be aware of several new employment laws that have taken effect in the commonwealth in 2021. These laws create protections against employment discrimination based on disability and military status and...more