The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
Archives for August 21, 2020
Relaxed H-2A Rules Continue
Due to the continuation of the COVID-19 national emergency, the Department of Homeland Security (DHS) has decided to continue its temporary loosening of H-2A rules to make it easier to employ temporary, seasonal agricultural workers.
Conflict Continues Over Displays of Political and Social Activism in the Workplace
By: Conflict Continues Over Displays of Political and Social Activism in the Workplace
There have been some highly publicized stories lately of employers taking different approaches to managing employee dress codes, specifically dealing with employees wearing Black Lives Matter (“BLM”) apparel and other forms of political and social justice expression. It
Supplemental Unemployment Benefits Authorized After CARES Act Supplement Expires
President Donald Trump has authorized the creation of the Lost Wage Assistance (LWA) Program to support individuals unemployed as a result of the COVID-19 pandemic.
Gregg Clifton Discusses NFL Players’ Lawsuit Regarding Painkillers
Gregg Clifton discusses a lawsuit brought by NFL players alleging the National Football League fostered a culture of drugs in “NFL Players’ Painkiller Win Only Gives Them a Fresh Set of Downs,” published by Bloomberg Law.
136 Jones Walker Attorneys Recognized in The Best Lawyers in America© 2021
Jones Walker LLP is pleased to announce that 136 attorneys across the firm’s offices are listed in the annual peer-review attorney rankings in The Best Lawyers in America© for 2021. In addition, 18 attorneys received the esteemed The Best Lawyers in America© “Lawyer of the Year” designation for 2021, and 32 attorneys are recognized on the inaugural The Best Lawyers in America© “Ones to Watch” 2021 list.
Two New Jersey-Based FordHarrison Attorneys Listed in the 2021 Best Lawyers in America
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that Mark A. Saloman and Salvador (Sal) Simao, Partners in the firm’s Berkeley Heights, NJ office, were selected by their peers for inclusion in the 2021 Best Lawyers in America.
Four FordHarrison Attorneys Named Lawyer of the Year 2021 by the Best Lawyers in America
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is proud to announce that four of the firm’s attorneys were selected as 2021 Lawyer of the Year by Best Lawyers, the oldest and most respected peer-review publication in the legal profession.
San Francisco Issues Guidance on COVID-19 ‘Temporary Right to Reemployment’ Ordinance
On August 7, 2020, the San Francisco Office of Economic and Workforce Development (OEWD) published guidance regarding the City of San Francisco’s “Temporary Right to Reemployment Following Layoff Due to COVID-19 Pandemic Emergency Ordinance.” Also known as the “Back to Work” emergency ordinance, the ordinance took effect on July 3,
Court Decision Restores Affordable Care Act’s Discrimination Protections for Transgender Patients
A New York court has restored anti-discrimination protections for transgender patients under the Affordable Care Act (ACA). Walker et al. v. Azar et al., No. 20-cv-2834 (E.D.N.Y. Aug. 17, 2020).
Section 1557 of the ACA extends Title IX of the Education Amendments of 1972’s prohibition against “sex discrimination” to covered
NLRB Strips Employer of Dancers’ Independent Contractor Status
In a decision that may be useful to employers deciding whether workers should be classified as independent contractors or employees, the National Labor Relations Board (NLRB) found that an exotic dancer at the Centerfold Club in Columbus, Ohio, was an employee rather than an independent contractor.
SF Court Issues Stay of Injunction Order Requiring Uber and Lyft to Reclassify Their Drivers as Employees
As previously reported, a San Francisco Superior Court judge recently issued a preliminary injunction against Uber and Lyft, ordering them to reclassify their drivers as employees instead of independent contractors. Uber and Lyft filed an immediate appeal seeking a stay of the trial court’s order. Had the stay not been granted, Uber and Lyft both reported that they would have suspended ridesharing services in California tonight. Luckily for Californians, the immediate loss of Uber and Lyft services was averted today. The Court of Appeal granted an immediate stay of the injunction, preventing it from taking effect during the pendency of the appeal, provided that Uber and Lyft agree to a very expedited briefing schedule on the appeal and submit plans for how they would comply with the injunction in the event they lose their appeal on the merits AND their ballot petition (whereby voters this November can vote to allow Uber and Lyft drivers to continue as independent contractors) is unsuccessful. This is great news for Uber and Lyft, as it effectively means they can continue operations in California until voters decide this important issue in November. Hopefully the voters will think more than the California legislature has of the importance of retaining these services in the state – both for consumers and workers.
DHS Extends Flexibility in Form I-9 Compliance Through September 19, 2020
On August 18, 2020, the U.S. Department of Homeland Security’s (DHS) Immigration and Customs Enforcement announced a fourth extension of its prior guidance relaxing the in-person verification requirements of Form I-9 for employers operating remotely due to the ongoing COVID-19 pandemic.
USCIS to Resume Issuing EADs, But Face Backlog
USCIS may be close to negotiating an agreement that would mean EADs for thousands of foreign nationals with approved applications will finally start to be produced.
Yet, first-time EAD applicants who are in H-4 or L-2 status may still face impediments. In March, when the COVID-19 crisis began and USCIS
NSA Releases Helpful Guidance for Limiting Location Data Exposure
The National Security Agency (NSA) recently released helpful guidance on how to effectively limit location data exposure for its staffers, which also can be helpful information for the general public. Businesses likely will have different perspectives about location data than the NSA, which is trying to protect its staffers and