This week, we look at the increased focus on non-compete agreements across the country.
The Current Environment for Non-Compete Agreements (see video attached)
There has been a wave of legislation restricting non-compete...more
This week, we look at compliance and enforcement developments at the federal level and in the specific jurisdictions of New York City and California.
EEOC Reports Surge of COVID-19-Related Charges
On the heels of the Equal...more
4/6/2022
/ Americans with Disabilities Act (ADA) ,
Arbitration Agreements ,
Caregivers ,
Class Action Arbitration Waivers ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Arbitration Act ,
Hiring & Firing ,
Job Applicants ,
Job Promotions ,
Minimum Salary ,
Oral Argument ,
Pay Transparency ,
Private Attorneys General Act (PAGA) ,
Vaccinations ,
Wage and Hour
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 look at how employers can make adjustments to their benefits policies to assist employees who want to offer help and support to Ukraine.
War in Ukraine: Offering Support with Benefits Policies (see video...more
This week, we’re looking at how employment laws and regulations are being impacted by the Biden administration’s recent actions on the international and national stages.
President Biden’s First State of the Union
President...more
This week, we look at H.R. 4445, new federal legislation that addresses mandatory arbitration of sexual assault and harassment claims.
Congress Passes Act Addressing Mandatory Arbitration of Sexual Assault and Harassment...more
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 focusing on what employers can expect from the National Labor Relations Board (NLRB) in 2022.
The Biden NLRB: What to Expect in 2022 (see video attached)
The NLRB is headed in a new direction this year...more
2/2/2022
/ Biden Administration ,
Confidentiality Agreements ,
Department of Labor (DOL) ,
Employment Policies ,
Gig Economy ,
Independent Contractors ,
Labor Regulations ,
Labor Relations ,
Misclassification ,
NLRA ,
NLRB ,
Non-Disclosure Agreement ,
Section 7 ,
Settlement Agreements
This week, we look at how state and local COVID-19 requirements and new COVID-19 benefits are shifting employers’ policies once again.
Employers Respond to SCOTUS OSHA Decision
Employers and government agencies are...more
This week, we’re breaking down what last week’s U.S. Supreme Court decision on two of the federal vaccine mandate rules will mean for employers.
Supreme Court Blocks OSHA ETS, Upholds CMS Mandate (see video attached)
The...more
1/19/2022
/ Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
This week, we look at the latest federal rules and guidance on vaccination policies, quarantine periods, and masking.
Updated Status of Federal Vaccine Orders
A very divided Supreme Court heard arguments last Friday...more
1/12/2022
/ Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Employment Policies ,
Healthcare Workers ,
Injunctions ,
Masks ,
OSHA ,
Popular ,
Quarantine ,
Sick Employees ,
Vaccinations ,
Virus Testing
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 the status of the federal government’s COVID-19 vaccine rules for employers and the COVID-19 vaccine mandates in New York State and City.
Federal Vaccine Mandates Paused
All three federal vaccine...more
12/15/2021
/ Coronavirus/COVID-19 ,
Employer Mandates ,
Federal Contractors ,
Healthcare Workers ,
Injunctions ,
New York ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
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
The Centers for Medicare & Medicaid Services (CMS) issued an interim final rule outlining vaccine requirements for staff at Medicare- and Medicaid-certified providers and suppliers.
Attorney Frank Morris discusses the next...more
This week, we look at the next steps large employers and health care providers need to take to comply with vaccine mandate rules applicable to their organizations.
OSHA ETS: Next Steps for Large Employers (see video...more
11/17/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Duty to Bargain ,
Employer Mandates ,
Employment Policies ,
Health Care Providers ,
Healthcare Workers ,
Human Resources Professionals ,
Interim Final Rules (IFR) ,
Masks ,
NLRB General Counsel ,
OSHA ,
Unions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
This week, the Biden administration has finally released the COVID-19 vaccine mandate rules for employers with 100 or more employees, and the challenges started right away.
Employers Face December, January Vaccine ETS...more
11/10/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Employment Policies ,
Health Care Providers ,
Healthcare Workers ,
Masks ,
OSHA ,
Petition for Review ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
This week, government agencies at both the federal and state level are preparing for the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS).
Employer Anticipation Builds for...more
11/3/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
OSHA ,
Popular ,
Religious Accommodation ,
Religious Exemption ,
Vaccinations ,
Warning Letters ,
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 review the status of the Occupational Safety and Health Administration’s (OSHA’s) emergency temporary standard (ETS) requiring employers to mandate vaccines.
Employers Await White House Decision on OSHA...more
10/20/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Group Health Plans ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Governor Abbott ,
Incentives ,
OSHA ,
Popular ,
U.S. Treasury ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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