In April, Houston Methodist Hospital announced its decision to mandate the COVID-19 vaccination for all employees. One hundred seventeen employees sued to block the mandate. But, on June 12th, one day after hearing oral...more
Last week, the Equal Employment Opportunity Commission expanded its technical assistance to address COVID-19 vaccinations. Here are some of the highlights.
The new guidance reiterates that the federal anti-discrimination...more
6/3/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Incentives ,
New Guidance ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations
Yesterday, the Department of Labor reported its decision to withdraw a rule, announced on January 6, 2021, distinguishing between employees and independent contractors under the FLSA.
The Rule, which we covered in a...more
In a new Field Assistance Bulletin (FAB), the Wage and Hour Division announced that it will return to pursuing liquidated damages from employers found due in its pre-litigation investigations provided that the Regional...more
With COVID-19 vaccinations increasing, interest has grown in developing COVID-19 passports, digitized verification that the bearer has been fully inoculated against the virus. Last week, however, Florida Governor Ron DeSantis...more
On January 21, 2021, the Biden Administration issued an Executive Order outlining its objectives with respect to worker health and safety during the ongoing COVID-19 pandemic.
The Order reflects President Biden’s promises...more
2/22/2021
/ Anti-Retaliation Provisions ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Guidance Update ,
Health and Safety ,
Masks ,
OSH Act ,
OSHA ,
Remote Working ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In brief: A sharp pivot toward employee- and union-friendly executive actions and legislation. Here’s what we mean.
Executive Order 13950 -
As we’ve reported, President Biden Revokes Executive Order 13950 | Arent Fox,...more
2/10/2021
/ Anti-Retaliation Provisions ,
Arbitration ,
Biden Administration ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Definition ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Healthcare Workers ,
Mediation ,
Mine Safety and Health Administration (MSHA) ,
Minimum Wage ,
NLRA ,
Non-Compete Agreements ,
OFCCP ,
OSHA ,
Prevailing Wages ,
Taft-Hartley Act ,
Unions ,
Wage and Hour ,
Workplace Safety
As we’ve reported, on his first day in office President Biden revoked Executive Order 13950, the controversial Trump administration order that prohibited federal contractors, subcontractors, and grant recipients from...more
Declaring that “[e]qual opportunity is the bedrock of American democracy, and our diversity is one of our country’s greatest strengths,” President Biden has announced that his administration will “pursue a comprehensive...more
We’ve reported, at length, on Virginia’s first-in-the-nation, state-wide, temporary COVID-19 workplace safety standard linked below. That standard took effect on July 27, 2020, and will expire on January 26, 2021.
This...more
Last week, the Equal Employment Opportunity Commission (the EEOC) proposed two final rules: One under the Americans with Disabilities Act (the ADA), and the other under the Genetic Information Nondiscrimination Act (GINA). ...more
1/15/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
GINA ,
Incentives ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Wellness Programs ,
Workplace Safety
On December 31, 2020, the Administrator of the Department of Labor’s Wage and Hour Division issued an opinion letter addressing whether certain travel time that occurs on a partial telework day is compensable under the FLSA....more
In a major setback for the Trump administration, US District Court Judge Beth Labson Freeman, of the US District Court for the Northern District of California, issued a nationwide injunction, barring the federal government...more
After months of debate, Congress has passed, and President Trump is expected to sign, a COVID-19 relief, appropriations, and tax bill. Doubtlessly, the Bill, which is nearly 6,000 pages long, will undergo much scrutiny and...more
On December 7, 2020, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a rule clarifying the scope of the religious exemption under Executive Order 11246 (EO 11246), which requires equal...more
Since California first legalized medical marijuana in 1996, approximately thirty-two other states and the District of Columbia have followed its lead and approved marijuana use for medical purposes.
Introduction [1] -...more
12/1/2020
/ Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Drug Testing ,
Drug-Free Workplace Act ,
Employment Policies ,
Food and Drug Administration (FDA) ,
Medical Marijuana ,
New Guidance ,
Reasonable Accommodation ,
Schedule I Drugs ,
SCOTUS ,
Supremacy Clause
Representative Joyce Beatty, Democrat-Ohio, recently introduced a bill to nullify Executive Order 13950, which prohibits federal contractors, subcontractors, and grant recipients from inculcating “race or sex stereotyping,”...more
On November 3rd, the Department of Labor’s Wage and Hour Division published an opinion letter addressing whether the FLSA requires employers to pay non-exempt employees for time that they spend in voluntary training...more
The National Urban League and the National Fair Housing Alliance have sued the Trump Administration, seeking to enjoin Executive Order 13950 as unconstitutional.
Yesterday, two civil rights organizations – the National...more
As we’ve reported, earlier this month the White House issued Executive Order 13950, which prohibits federal contractors, subcontractors, and grant recipients from inculcating “race or sex stereotyping,” “race or sex...more
Trade and professional organizations continue to take issue with Executive Order 13950, Executive Order on Combating Race and Stereotyping.
We’ve reported about Executive Order 13950, entitled Executive Order on Combating...more
Under Title VII, if the EEOC determines that reasonable cause exists to believe that an employer has violated the law, it must attempt to resolve the matter through conciliation.
Plus, the Commission may sue only if it...more
The OFCCP has issued guidance regarding Executive Order 13950.
Last week, we reported on the White House’s October 22, 2020 executive order, Executive Order 13950, entitled “Executive Order on Combating Race and Sex...more
Government contractors may wish to seek further legal review of all diversity and inclusion training materials used.
On September 22, 2020, the White House issued Executive Order 13950, entitled “Executive Order on...more
Yesterday, the US Department of Labor’s Wage and Hour Division proposed a new rule designed to “bring clarity and consistency to the determination of who’s an independent contractor under the Fair Labor Standards...more