U.S. Department of Labor Publishes Proposed Rule on Independent Contractor Classification Under the Fair Labor Standards Act -
On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule updating the...more
10/25/2022
/ Arbitration ,
California ,
Cannabis Products ,
Coronavirus/COVID-19 ,
Data Reporting ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Job Ads ,
Marijuana ,
New York ,
Notice Requirements ,
Off-The-Clock ,
Paid Leave ,
Pay Transparency ,
Popular ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour
[Editor’s Note (01/14/22): In a 6-3 ruling, on January 14, 2022, the U.S. Supreme Court reversed the Sixth’s Circuit’s ruling described below, and thereby re-imposed an injunction preventing OSHA from enforcing its Emergency...more
[Editor’s Note (12/20/21): The U.S. Court of Appeals for the Sixth Circuit has lifted the Fifth Circuit’s injunction halting enforcement of the OSHA Standards, and, specifically, the mandate regarding vaccination or weekly...more
[Editor's Note (12/07/21): A second court―the U.S. District Court for the Southern District of Georgia―has issued an injunction halting enforcement of the federal contractor vaccine mandate on a nationwide basis. The district...more
12/8/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Stays ,
Subcontractors ,
Vaccinations ,
Virus Testing
On November 4, 2021, the federal Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency standards to implement President Biden’s Vaccine/Testing Mandate for businesses with 100 or more...more
11/9/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
HERO Act Plans Remain In “Active” Status for New York State Employers On September 6, 2021, New York’s Commissioner of Health designated COVID-19 as an airborne infectious disease under the Health and Essential Rights Act...more
10/7/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
Masks ,
New York ,
OSHA ,
Regulatory Requirements ,
Safety Programs ,
Social Distancing ,
Subcontractors ,
Vaccinations ,
Workplace Safety
On May 5, 2021, New York Governor Andrew Cuomo signed into law the Health and Essential Rights Act (HERO Act), which requires all private New York employers to implement workplace safety plans to prevent the spread of...more
New ARPA/COBRA Subsidy -
The federal American Rescue Plan Act of 2021 (ARPA) provides for a 100% subsidy of COBRA premiums for six months from April 1, 2021 through September 30, 2021, for individuals (and their covered...more
4/1/2021
/ American Rescue Plan Act of 2021 ,
Benefit Plan Sponsors ,
Biden Administration ,
COBRA ,
Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Governor Cuomo ,
Governor Newsom ,
Health Insurance ,
New Guidance ,
Non-Compete Agreements ,
Notice Requirements ,
Paid Sick Leave ,
Premium Subsidies ,
Relief Measures ,
State and Local Government ,
Tax Credits ,
Vaccinations
California Significantly Expands Family Rights Act -
California Governor Gavin Newsom recently signed into law SB 1383, which significantly expands the coverage and scope of the California Family Rights Act (CFRA). CFRA,...more
10/21/2020
/ California Family Rights Act (CFRA) ,
Classification ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Equity ,
Executive Orders ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Contractors ,
Governor Newsom ,
Independent Contractors ,
Non-Compete Agreements ,
Parental Leave ,
Pay Data ,
Proposed Rules ,
Reporting Requirements ,
Sick Leave ,
Small Business ,
Training ,
Trump Administration ,
Workplace Outbreaks
Fenwick’s employment practices group has compiled the following checklist setting forth key considerations and emerging best practices that businesses should take into account when formulating a plan for employees’ return to...more
6/23/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Intellectual Property Protection ,
New Guidance ,
OSHA ,
Re-Opening Guidelines ,
Remote Working ,
Return-to-Work Agreements ,
Screening Procedures ,
Sick Employees ,
Workplace Decontamination
Fenwick’s employment practices group has compiled the following checklist setting forth key considerations and emerging best practices that businesses should take into account when formulating a plan for employees’ return to...more
As COVID-19 continues to spread, New York State has enacted new legislation, effective immediately, to provide employees with additional paid sick leave and expanded coverage under its existing statutory paid family leave and...more