This week, we look at the additional guidance the Equal Employment Opportunity Commission (EEOC) recently issued regarding caregivers.
EEOC Focused on Caregiver Discrimination (see video attached)
The COVID-19 pandemic...more
This week, we look at a range of developments shifting the enforcement approach across federal agencies and how employers can comply with these shifts.
Texas Court Reinstates DOL Independent Contractor Rule
A district...more
3/23/2022
/ Biden Administration ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Healthcare Facilities ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
OFCCP ,
OSHA ,
Safety Inspections ,
Subcontractors ,
Wage and Hour ,
Workplace Safety
This week, we focus on new developments increasing whistleblower protections across the country and prohibiting mandatory arbitration of sexual assault and harassment claims.
Increased Whistleblowing Regulations in New...more
This week, we’re recapping major items shifting at the state, local, and federal levels, including whistleblower retaliation case law, pay transparency rules, and federal labor policies.
California Supreme Court Specifies...more
2/9/2022
/ Adverse Employment Action ,
Burden of Proof ,
CA Supreme Court ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Enforcement Actions ,
Hiring & Firing ,
Injunctions ,
Job Applicants ,
McDonnell Douglas Formula ,
NLRB ,
Pay Transparency ,
Retaliation ,
State Labor Laws ,
Union Organizers ,
Unions ,
Wage & Hour Division (WHD) ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
This week, we’re recapping some of the biggest changes that impacted employers in 2021. We also look ahead to what’s in store in the new year.
A Shift in Labor Policy and Enforcement
The Biden administration is ushering in...more
12/22/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employee Mobility ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Healthcare Workers ,
Hiring & Firing ,
Labor Regulations ,
Masks ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Reasonable Accommodation ,
Unions ,
Vaccinations ,
Virus Testing ,
Wage and Hour ,
Workplace Safety
This week, we look at complying with the rules that require employers to keep employee COVID-19 vaccination and testing information confidential.
HIPAA, Employee Privacy Protections, and COVID-19 (see video...more
12/8/2021
/ ABC Test ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Confidential Information ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Workers ,
Independent Contractors ,
Interim Final Rules (IFR) ,
Misclassification ,
OSHA ,
Preliminary Injunctions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
This week, the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS) is currently in the hands of the Sixth Circuit, while New York employers have several updates to look out for...more
11/24/2021
/ Anti-Retaliation Provisions ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Monitoring ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
NLRB ,
OSHA ,
Retaliation ,
State Labor Laws ,
Vaccinations ,
Virus Testing ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Safety
This week, we focus on the uptick in requests for remote work as a reasonable accommodation during COVID-19 and what employers should consider when addressing them.
Remote Work and Reasonable Accommodations (see video...more
This week, we focus on what can be learned from the Equal Opportunity Employment Commission’s (EEOC’s) fiscal year (FY) 2021 filings as employers continue to navigate COVID-19 in the months ahead.
EEOC: Back in Enforcement...more
10/13/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
National Origin Discrimination ,
Reasonable Accommodation ,
Religious Discrimination ,
Religious Exemption ,
Retaliation ,
Sexual Harassment ,
Title VII ,
Vaccinations ,
Wage and Hour
This week, we look at the COVID-19 vaccination requirements for federal contractors and how the National Labor Relations Board (NLRB) is creating a more expansive view of the employment relationship.
Employers Prepare for...more
10/6/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Federal Labor Laws ,
Federal v State Law Application ,
Joint Employers ,
Misclassification ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OSHA ,
State Labor Laws ,
Student Athletes ,
Subcontractors ,
Vaccinations ,
Workplace Safety
This week, we look at significant developments for employers from across the federal government, including at the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), and...more
9/22/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Labor Regulations ,
OSHA ,
Paid Time Off (PTO) ,
Popular ,
Remote Working ,
Vaccinations ,
Virus Testing ,
Workplace Safety
It's #WorkforceWednesday! This week, we focus on President Biden's recent push to limit non-compete agreements and finalize key labor and employment appointments.
Biden Executive Order Seeks to Boost Competition
President...more
7/21/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Health and Essential Rights (HERO) Act ,
Health and Safety ,
Hiring & Firing ,
Infectious Diseases ,
Labor Regulations ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
NYDOL ,
Occupational Exposure ,
Presidential Nominations ,
Senate Confirmation Hearings ,
Workplace Safety
It's #WorkforceWednesday! This week, we look at the increase in mandatory vaccination policies, a new rule for tipped workers, and a Supreme Court decision against organized labor.
Employers Implement Mandatory Vaccination...more
6/30/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Health and Safety ,
Infectious Diseases ,
Just Compensation ,
Proposed Rules ,
SCOTUS ,
Takings Clause ,
Tipped Employees ,
Tips ,
Unions ,
United Farm Workers ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
Welcome to #WorkforceWednesday. This week, we look at new Equal Employment Opportunity Commission (EEOC) COVID-19 vaccine guidance as well as vaccination protocols for multinational workforces.
Employers Adjust to New EEOC...more
6/9/2021
/ Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Masks ,
New Guidance ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
Welcome to #WorkforceWednesday. This week, we focus on the Centers for Disease Control and Prevention's (CDC's) new guidance for vaccinated individuals and what it means for accommodations.
Employers Navigate New CDC...more
5/19/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Masks ,
New Guidance ,
Public Accommodation ,
Reasonable Accommodation ,
Remote Working ,
Social Distancing ,
Vaccinations ,
Workplace Safety
It’s #WorkforceWednesday! This week, we discuss how employers are navigating COVID-19 vaccination policies and new worker organization and whistleblowing risks.
Legal Considerations for COVID-19 Vaccination Policies (see...more
5/5/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Disparate Treatment ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
Welcome to #WorkforceWednesday??. This week, several COVID-19 vaccine news developments and updates were announced for employers.
Paid Leave Tax Credit for Employers
President Biden recently announced employers that offer...more
4/28/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
OSHA ,
Paid Leave ,
Paid Time Off (PTO) ,
Tax Credits ,
Vaccinations ,
Workplace Illness and Injury Reporting ,
Workplace Safety
Welcome to #WorkforceWednesday. This week, employers continue waiting on the Occupational Safety and Health Administration’s (OSHA’s) COVID-19 emergency temporary standard as retaliation claims rise.
Secretary of Labor Puts...more
4/14/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Health and Safety ,
Hiring & Firing ,
New Guidance ,
OSHA ,
Retaliation ,
Vaccinations ,
Workplace Safety ,
Wrongful Termination
This week on our special podcast series, Employers and the New Administration, employers await action from two agencies: the Office of Federal Contract Compliance Programs (“OFCCP”) and the Occupational Safety and Health...more
In this episode, hear from EEOC Commissioner Keith Sonderling. As a sitting commissioner, Mr. Sonderling has a unique perspective on priorities, new initiatives, and the outlook for what employers can expect from the agency...more
It’s #WorkforceWednesday! In the past week, regulatory withdrawals, rollbacks, or new proposed rules are impacting everything from COVID-19 vaccine incentives to joint-employer status.
EEOC Withdraws Wellness Incentive...more
3/3/2021
/ Anti-Money Laundering ,
Biden Administration ,
Coronavirus/COVID-19 ,
Criminal Antitrust Anti-Retaliation Act of 2015 ,
Department of Labor (DOL) ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Joint Employers ,
Labor Regulations ,
OSHA ,
Proposed Rules ,
Retaliation ,
Rollbacks ,
Tip Credit ,
Tipped Employees ,
Tips ,
Vaccinations ,
Wellness Programs ,
Whistleblowers
This week on our special podcast series, Employers and the New Administration, we look at how the Biden administration’s approach to wage and hour issues will impact employers. Special podcast episodes air every other...more
Welcome to #WorkforceWednesday. This week, we look at updated safety and mask guidance and the top workplace regulations the Biden administration has rolled back.
OSHA Updates COVID-19 Guidance
In response to President...more
2/17/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Health and Safety ,
Independent Contractors ,
Infectious Diseases ,
Labor Regulations ,
Masks ,
Misclassification ,
New Guidance ,
NLRB ,
Opinion Letter ,
OSHA ,
Personal Protective Equipment ,
Rollbacks ,
Tip-Pooling ,
Unions ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
Welcome to #WorkforceWednesday. This week, we look at the key considerations for offering COVID-19 vaccine incentives and the executive orders President Biden issued last week of note for employers.
EEOC’s Proposed Wellness...more
1/27/2021
/ Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Proposed Rules ,
Reasonable Accommodation ,
Religious Accommodation ,
Vaccinations ,
Wellness Programs
This week, President Biden takes office, making combatting COVID-19 his top priority. Employers are also planning ways to incentivize employee vaccination.
Biden Proposes $1.9 Trillion Spending Package
Last week, President...more
1/20/2021
/ Biden Administration ,
Conciliation ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Infectious Diseases ,
Legislative Agendas ,
Minimum Wage ,
Relief Measures ,
Vaccinations ,
Wage and Hour