A Bipartisan Deal On Infrastructure Remains Out Of Grasp. Last week, the GOP offered a counter proposal to Joe Biden’s infrastructure plan, topping out at – so close – almost $1 Trillion. However, the GOP offer only included...more
The Great Loosening: Easing of Coronavirus Restrictions Across The Union. Since Joe Biden’s election, this space has discussed the great expansion of the Paycheck Protection Program, as well as the great undoing of a number...more
Seyfarth Synopsis: In a surprise move, and despite vetoing a strikingly similar measure only months ago when the pandemic was closer to its zenith, Governor Newsom on April 16, 2021 signed a measure requiring hospitality...more
Education and Labor Subcommittee Hearing on Important Employment Legislation. As we noted here, on Thursday, March 18th the Civil Rights and Human Services Subcommittee on Workforce Protections held a hearing entitled...more
What Timing: Biden Signed $1.9 Trillion Coronavirus Relief Package. We here at the PMN have been following intently every development when it comes to the federal government’s legislative response to the virus. Indeed, since...more
3/17/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Eviction ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Moratorium ,
OSHA ,
Relief Measures ,
Tax Credits ,
Vaccinations
Seyfarth Synopsis: Headlining the number of employment-related bills California legislators introduced by the February 19th deadline are those that would extend COVID-19 Supplemental Paid Sick Leave and provide other leaves...more
3/8/2021
/ ABC Test ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Independent Contractors ,
Infectious Diseases ,
Paid Leave ,
Settlement Agreements ,
Sick Leave ,
Telecommuting ,
Wage and Hour ,
Wage Theft
The Parliamentarian Has Spoken: Minimum Wage Can’t Be Raised Through Reconciliation. At this point, readers of this newsletter are assuredly aware of the substantive contours and the procedural hurdles Joe Biden’s COVID-19...more
The Fight For $1.9: Administration Remains Committed To Passing COVID-19 Legislation, Even Without Republican Backing. Unlike previous updates on the “will they won’t they” back-and-forth of COVID-19 / Stimulus Legislation...more
This Space – For Now – Will Continue To Summarize Congress’ COVID-19 Stimulus Attempts. To that end, before he was sworn in by the Chief Justice, President Biden released the contours of a $1.9 Trillion legislative package...more
Before we dive into this week's stimulus-focused update, we here at the PMN are excited to announce the new Policy Matters Podcast. Policy issues often have long term widespread and pervasive impact on businesses. Not only...more
Oh Happy Day! Stimulus Is Finally (Almost) Live. The House and Senate are scheduled to vote on a $900 billion pandemic relief package along with a $1.4 trillion measure to fund the government through September 30, 2021. ...more
12/22/2020
/ Americans with Disabilities Act (ADA) ,
CARES Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Financial Stimulus ,
FRCP 30(b)(6) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Independent Contractors ,
Infectious Diseases ,
Legislative Agendas ,
Non-Compete Agreements ,
Paycheck Protection Program (PPP) ,
Reasonable Accommodation ,
Relief Measures ,
Vaccinations
The NLRB Will Look, And Act, Much Differently Under A Biden Administration. Joe Biden has reiterated, again and again, that supporting organized labor will sit atop his agenda. The board is currently operating with a vacant...more
12/8/2020
/ Biden Administration ,
Coronavirus/COVID-19 ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Infectious Diseases ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
NLRB ,
OSHA ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Safety
Stimulus, Vaccines, and Corona. OH MY!
First, The Stimulus. The status of additional stimulus remains where it has been as we have been tracking it for months, ever since the House passed the HEROES Act: nowhere. While the...more
11/23/2020
/ ABC Test ,
Americans with Disabilities Act (ADA) ,
Biden Administration ,
Coronavirus/COVID-19 ,
Executive Orders ,
Financial Stimulus ,
Gig Economy ,
H-1B ,
Immigration Reform ,
Independent Contractors ,
Infections ,
Infectious Diseases ,
Labor Reform ,
Lyft ,
Moderna Inc. ,
Pfizer ,
Public Charge ,
Re-Opening Guidelines ,
Secretary of Labor ,
Title III ,
Trump Administration ,
Uber ,
Vaccinations
This special post-election report is brought to you by Seyfarth's Policy Matters Newsletter. With so much at stake, we have collected the top-of-mind issues to watch as the election results take shape. ...more
11/6/2020
/ Affordable Care Act ,
Biden Administration ,
Coronavirus/COVID-19 ,
DACA ,
Donald Trump ,
Federal Employment Agencies ,
General Elections ,
Immigration Reform ,
Infectious Diseases ,
Joe Biden ,
Members of Congress ,
Policy Drafting ,
Political Campaigns ,
Popular ,
Presidential Elections ,
Vaccinations
The Saga Of The Stimulus Deal Continues. As readers of this newsletter are well aware, the negotiations over additional stimulus legislation to confront COVID-19, and all of its attendant consequences, has seen a number of...more
10/23/2020
/ Bias ,
Border Security ,
Canada ,
CARES Act ,
Conciliation ,
Coronavirus/COVID-19 ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Financial Stimulus ,
H-1B ,
Hiring & Firing ,
Immigration Reform ,
Infectious Diseases ,
Legislative Agendas ,
Loan Forgiveness ,
Paid Sick Leave ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
Request For Information ,
Sexual Stereotyping ,
Trump Administration
Seyfarth Synopsis: The Sacramento Board of Supervisors has joined many other California locales, including Los Angeles City and County, San Francisco, Oakland, and San Jose, in requiring employers to provide covid-related...more
A Tribute To The Late, Incomparably Great, Justice Ruth Bader Ginsburg. Exactly two weeks to the day, the Country began collective mourning over the loss of one of the greatest jurisprudential minds in a century. Justice...more
10/5/2020
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Dukes v Wal-Mart ,
Epic Systems Corp v Lewis ,
Financial Stimulus ,
Gig Economy ,
Government Shutdown ,
Governor Newsom ,
H-1B ,
H-2B ,
Independent Contractors ,
Infectious Diseases ,
J-1 Visas ,
L-1 Visas ,
Legislative Agendas ,
Paid Leave ,
Preliminary Injunctions ,
Ruth Bader Ginsberg ,
SCOTUS ,
Sex Discrimination ,
Sexual Harassment ,
Title VII ,
Trump Administration ,
Vance v. Ball State University ,
Visas ,
Women in the Law
Seyfarth Synopsis: September 30 was Governor Newsom’s last day to sign or veto bills the Legislature passed by its August 31 deadline. Some new laws—including COVID-19 supplemental paid sick leave and workers’ compensation...more
10/2/2020
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employee Training ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Newsom ,
Infectious Diseases ,
Labor Code ,
New Legislation ,
Occupational Exposure ,
Paid Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Safety
Despite A Series Of Disappointments, Stimulus Negotiations Remain In The News. As readers of the newsletter are well aware, this specific topic has consumed an inordinate amount of white space. ...more
9/22/2020
/ Black Lives Matter ,
Coronavirus/COVID-19 ,
EEO-1 ,
Executive Orders ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
Forbearance Agreements ,
Form I-9 ,
Gender-Based Pay Discrimination ,
Infectious Diseases ,
Legislative Agendas ,
Pay Data ,
Pay Equity Laws ,
Payroll Taxes ,
Pregnancy Discrimination ,
Race Relations ,
Relief Measures ,
Social Security Taxes ,
Student Loans ,
Tax Deferral ,
Trump Administration ,
Unemployment Benefits
Additional Stimulus Negotiations — Along With A Long-Awaited Federal Liability Shield — Are Going Nowhere, Fast. The negotiations for a new stimulus before August failed. The stakeholders promised a negotiated stimulus...more
9/8/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Eviction ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
Lactation Accommodation ,
Legislative Agendas ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Payroll Taxes ,
Relief Measures ,
Social Security Taxes ,
Trump Administration ,
Undocumented Immigrants
Seyfarth Synopsis: The California Legislature has passed a series of employment-related bills for Governor Newsom to consider. He has until September 30 to approve or veto these bills, most of which relate to leaves of...more
9/4/2020
/ ABC Test ,
Cal Code of Civil Procedure ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
DFEH ,
Domestic Violence ,
EEO-1 ,
Entertainment Industry ,
FEHA ,
Gender Neutral ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Leave of Absence ,
Medical Marijuana ,
Military Service Members ,
OSHA ,
Paid Family Leave Law ,
Paid Sick Leave ,
Pay Data ,
Penal Code ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Settlement Agreements ,
Sexual Harassment ,
Statute of Limitations ,
Unemployment Benefits ,
Veterans ,
Workers' Compensation Claim
23 State AGs Coordinate to Sweep Shaky Legal Footing of Immigration Executive Orders. As we at the PMN summarized here, and as Seyfarth explored here, on April 23, President Trump issued an Executive Proclamation banning...more
8/21/2020
/ Coronavirus/COVID-19 ,
Diversity Lottery ,
Eviction ,
Financial Stimulus ,
Forbearance Agreements ,
Foreign Workers ,
Form I-9 ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
Legislative Agendas ,
Moratorium ,
Payroll Taxes ,
Presidential Memorandum ,
Student Loans ,
Tax Deferral ,
Travel Restrictions ,
Trump Administration ,
Unemployment Benefits ,
Visas
Senator McConnell Unveils Controversial New Stimulus Plan; $2 Trillion Gulf Remains. This week, the Senate GOP released the details of an approximately $1 Trillion stimulus package, the so-called HEALS Act, the Senate...more
8/3/2020
/ Airports ,
CARES Act ,
Coronavirus/COVID-19 ,
Financial Stimulus ,
Legislative Agendas ,
Paycheck Protection Program (PPP) ,
Quarantine ,
Relief Measures ,
Tax Credits ,
Unemployment Benefits ,
WARN Act
NLRB Decision Gives Employers More Leeway to Discipline Employees for Offensive Speech. Traditionally, the National Labor Relations Act protected offensive or even abusive speech by employees when the worker is involved in...more
7/27/2020
/ Coronavirus/COVID-19 ,
Disciplinary Proceedings ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
NLRB ,
Offensive Language ,
Protected Concerted Activity ,
Quarantine ,
Travel Restrictions ,
WARN Act
House Appropriation Committee Approves a Slew of 2021 Spending Bills. Last week, we updated on the House Appropriations Committee’s work on the Interior and Environment Appropriations Bill, the Legislative Branch...more
7/20/2020
/ Appropriations Bill ,
Coronavirus/COVID-19 ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Financial Services Industry ,
Government Lockdown ,
Legislative Agendas ,
Paid Family Leave Law ,
State and Local Government ,
Wage and Hour ,
Workplace Safety