On September 9, 2021, President Biden released his COVID-19 Action Plan, Path Out of the Pandemic (the “Plan”). The Plan mandates vaccination against COVID-19 for employees working for employers that have 100 or more...more
9/15/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Popular ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Joseph R. Biden released a sweeping new COVID-19 Action Plan, Path Out of the Pandemic. This Plan includes mandates that employees working for large private employers, the federal government,...more
9/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Management Plans ,
Employer Liability Issues ,
Entertainment Venues ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On July 29, 2021, President Joseph R. Biden announced new requirements for federal employees and onsite federal contractors regarding vaccination status, masking, and social distancing....more
8/2/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Executive Orders ,
Federal Contractors ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Personal Protective Equipment ,
Public Health ,
Vaccinations ,
Workplace Safety
On July 29, 2021, the U.S. Department of Labor announced it was formally rescinding regulations issued by the prior administration defining “joint employer” status under the Fair Labor Standards Act (FLSA). ...more
On July 9, 2021, President Biden issued his Executive Order on Promoting Competition in the American Economy. Earlier in the day, the White House issued a press release announcing that the anticipated order would, “[m]ake it...more
Dear Littler: We are a retail chain on the West Coast and are almost back to pre-COVID-19 operational levels. Now that vaccines are widely available, we’re hoping our workforce (and the public!) will soon be fully vaccinated....more
6/14/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Public Health ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) provided its first comprehensive update of its guidance since December 2020 (before COVID-19 vaccinations were broadly available) regarding COVID-19. ...more
6/1/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
On May 6, 2021, the U.S. Department of Labor formally withdrew final regulations promulgated earlier this year under the prior administration which set forth, for the first time by way of an Administrative Procedure Act...more
5/14/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Wage and Hour
On March 11, 2021, the U.S. Department of Labor (“DOL” or “the Department”) announced proposals to roll back two Trump administration regulations under the Fair Labor Standards Act (“FLSA” or “the Act”)....more
3/12/2021
/ Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
Misclassification ,
Wage and Hour
On March 9, 2021, the U.S. House of Representatives passed the Protecting the Right to Organize Act of 2021 (PRO Act) by a largely party-line vote of 225-206. One Democratic Representative voted against the bill; five...more
3/11/2021
/ Arbitration Agreements ,
Collective Bargaining Agreements (CBA) ,
Employee Rights ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
NLRA ,
Proposed Legislation ,
Unions ,
Wage and Hour
On February 1, 2021, the California Department of Fair Employment and Housing (DFEH) posted a User Guide, Excel template, and .CSV example to facilitate the submission of the newly required pay data report (Pay Data Report)...more
On January 6, 2021, the U.S. Department of Labor (DOL) finalized its highly anticipated independent contractor rule. The rule delivers on the DOL’s promise to simplify, clarify and harmonize the factors for determining when...more
On December 16, 2020, the U.S. Equal Employment Opportunity Commission issued much-anticipated guidance to employers considering COVID-19 vaccination programs for their employees as to their obligations under federal civil...more
12/18/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
As business owners and members of the labor and employment law community know all too well, California’s AB 5 went into effect on January 1 of this year. The law imposed the “ABC test” for determining whether a worker should...more
10/1/2020
/ ABC Test ,
Borello Test ,
Employee Definition ,
Employer Liability Issues ,
Exemptions ,
Gig Economy ,
Governor Newsom ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Newspapers ,
State Labor Laws ,
Wage and Hour
It appears that employers in the Golden State will be required, starting next year, to collect and submit worker compensation data to the state. Senate Bill 973 (SB 973) has cleared both houses of the state legislature, and...more
AB 5, California’s sweeping and landmark independent contractor law, became effective on January 1, 2020. By January 6, bills were already being introduced to amend the law. At one time, more than 30 such bills were...more
On July 27, 2020, Republican leadership in the U.S. Senate unveiled its latest legislative response to the COVID-19 pandemic, the Health, Economic Assistance, Liability Protection and Schools (HEALS) Act. The bill represents...more
Previously, we discussed the increasing number of lawsuits filed against employers relating to COVID-19, and how these numbers are expected to swell. Perhaps recognizing the economic ruin that could befall employers facing...more
7/4/2020
/ Compliance ,
Coronavirus/COVID-19 ,
Customers ,
Employer Liability Issues ,
Employer Responsibilities ,
Good Faith ,
Infectious Diseases ,
Limited Liability Act ,
Occupational Exposure ,
Personal Liability ,
Popular ,
Risk Assessment ,
Risk Mitigation ,
State Labor Laws ,
State Legislatures ,
Vendors ,
Workplace Injury ,
Workplace Safety
As the United States continues to struggle with the devastating impact of the COVID-19 pandemic on health, safety, and the economy, it is likely that many employers will have yet another issue to face as they attempt to...more
As the nation continues the gradual reopening of workplaces and the economy, the U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance to provide information to employers regarding their...more
6/20/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
High Risk Covid Employees ,
Pregnancy Discrimination ,
Pregnancy Discrimination Act (PDA) ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Return-to-Work Agreements ,
Title VII ,
Virus Testing ,
Workplace Safety
On June 15, 2020, the U.S. Supreme Court published its opinion resolving three cases, Zarda v. Altitude Express, Inc., Bostock v. Clayton County, and EEOC v. R.G. &. G.R. Harris Funeral Homes, Inc. The question before the...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
In a series of guidance issued since May 5, 2020 (some of which was withdrawn, revised, and reissued), the U.S. Equal Employment Opportunity Commission (EEOC) addressed protections under the Americans with Disabilities Act...more
The wave of COVID-19 litigation is not coming; it has arrived. Even before most states open back up for business, plaintiff’s lawyers are suing employers for a variety of alleged violations related to the virus, including...more
On April 13, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued guidance to employers in the package delivery industry intended to assist them in reducing the risk of their...more
Since its enactment last fall, California’s AB 5—legislation adopting the so-called “ABC test” for purposes of determining whether a worker is an independent contractor or statutory employee—has dominated not only the legal...more
3/10/2020
/ ABC Test ,
Corporate Counsel ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Popular ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour