Key Points The EFASASHA will invalidate most contractual provisions requiring the arbitration of claims alleging sexual assault or sexual harassment. The law will also invalidate pre-dispute joint-action waivers that relate...more
In this special episode, Akin Gump labor and employment practice head Bob Lian and partner Lauren Leyden welcome noted epidemiologist Dr. Stephen Ostroff to update listeners on workplace issues related to...more
Key Points -
On November 4, 2021, OSHA issued an ETS requiring that all employers with 100 or more employees ensure that their employees are fully vaccinated against COVID-19 by January 4, 2022, or tested weekly. By December...more
11/5/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Federal Contractors ,
Infectious Diseases ,
OSHA ,
Paid Time Off (PTO) ,
Popular ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
On September 28, 2021, in Sofco Erectors v. Trustees of the Ohio Operating Engineers Pension Fund, No. 20-3639/3671, 2021 BL 367718 (6th Cir. Sept. 28, 2021), the 6th Circuit Court of Appeals issued the first major appeals...more
Key Points -
The recent announcements around federal contractor requirements for mandatory vaccination and the upcoming OSHA Emergent Temporary Standard have created significant confusion for employers.
It’s important...more
10/1/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Workplace Safety
To account for legal developments since our last FAQ concerning employer COVID-19 vaccination policies, we provide updated answers to questions and address additional questions about discrimination, wage and hour, collective...more
8/9/2021
/ 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 ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
NLRB ,
Pregnancy Discrimination Act (PDA) ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
In this episode, Akin Gump labor and employment practice head Bob Lian and partner Lauren Leyden discuss employer vaccine mandates related to coronavirus....more
While the Equal Employment Opportunity Commission’s (EEOC) May 28, 2021 guidance (the “EEOC Guidance”) largely is consistent with its previous pronouncements regarding employer mandatory COVID-19 policies, including policies...more
Key Points:
- Vaccinations for COVID-19 are picking up steam around the country as supply increases and eligibility expands.
- Now is the time for employers to think through issues raised by employee vaccination...more
4/6/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Food and Drug Administration (FDA) ,
GINA ,
Infectious Diseases ,
NLRA ,
Title VII ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
Below is a tracker of states, counties and cities that, as of June 8, 2020, have implemented “stay at home” orders requiring the closure of non essential businesses or a subset thereof (e.g., non-essential retail businesses)....more
6/9/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Non-Essential Businesses ,
Operators of Essential Services ,
Re-Opening Guidelines ,
Social Distancing ,
State and Local Government ,
Workplace Safety
More than a month into the COVID-19 crisis in the United States, the vast majority of states, as well as many counties and cities, have issued orders mandating that residents “stay at home” as much as possible and the closure...more
- All but a few states are now under some type of stay-at-home order that requires non-essential businesses to close to the public.
- Retailers seeking to continue store operations should undertake a careful review of the...more
- Furloughs in response to the current economic situation or local and state government closure orders due to COVID-19 should not result in complete withdrawal or partial withdrawal liability from a MEP.
- It may be good...more
- Corporate officers and directors can be held personally liable for unpaid wages.
- As companies and their officers and directors make difficult decisions to address the impact of COVID-19 on their workforce, they...more
- Due to severe restrictions aimed at curbing the spread of coronavirus (COVID-19), some businesses are being forced to significantly reduce staff, and many will likely close altogether for at least some period of time.
-...more
- On March 18, 2020, President Trump signed FFCRA, imposing new paid and unpaid sick leave requirements on employers with less than 500 employees.
- The federal government is providing tax credits equal to 100 percent of...more
In this episode, the second of three building on Akin Gump’s annual Top 10 Topics for Directors report, partner Lauren Leyden discusses the #MeToo movement and its impact on the corporate world.
Among the topics covered:
•...more
3/19/2019
/ #MeToo ,
Allegations ,
Anti-Harassment Policies ,
Board Members ,
Board of Directors ,
C-Suite Executives ,
Complaint Procedures ,
Corporate Culture ,
Crisis Management ,
Employee Misconduct ,
Human Resources Professionals ,
Internal Controls ,
Internal Investigations ,
Policies and Procedures ,
Sexual Harassment
In 2018, victims and their supporters decried sexual harassment in the workplace. They argued for the right, the freedom, the luxury to work without fear of gender-based harassment or discrimination. Prominent and powerful...more
2/7/2019
/ #MeToo ,
Acquisitions ,
Board of Directors ,
Buyers ,
Clawbacks ,
Controlling Stockholders ,
Corporate Culture ,
Corporate Officers ,
Due Diligence ,
Employee Misconduct ,
Employee Representatives ,
Employer Liability Issues ,
Human Resources Professionals ,
Mergers ,
Risk Assessment ,
Sellers ,
Sexual Harassment
Background -
Recently, the NYAG has turned quite a few heads by entering into a new legal arena: challenging non-compete agreements between companies and their employees. The NYAG settled two investigations brought...more
On August 23, 2016, the National Labor Relations Board overturned its prior precedent in Brown University and concluded that student assistants—including both graduate and undergraduate teaching assistants—at private colleges...more
Key Points -
- The National Labor Relations Board has filed a complaint against Bridgewater Associates, challenging contractual provisions of a type that are commonplace at hedge funds and private equity firms.
...more
Key Points -
- To the surprise of many, the New York Attorney General (NYAG) has become active in challenging non-compete agreements entered into between companies and their employees.
- The NYAG’s...more
If you read one thing...
- New Paid Family Leave Law will impact all New York companies
- New rules regarding NYC’s Earned Sick Time Act require changes to companies’ approach to employee sick time...more
Over the past few months, New York lawmakers have accelerated their recent trend of making New York one of the most employee-friendly (and employer-unfriendly) states in the nation. Falling on the heels of other recent state...more
The dramatic drop in the price of oil is forcing many energy-related companies to reevaluate their operations and consider steps to trim their costs. With recent developments in the industry and predictions that low oil...more