On Saturday, September 26, President Trump nominated Judge Amy Coney Barrett to fill the vacancy on the bench occasioned by the death of Justice Ruth Bader Ginsburg. Barrett, who sits on the U.S. Court of Appeals for the Seventh Circuit, has only served as a federal judge since 2017,
Archives for September 25, 2020
Proposed Rule Would Replace Duration of Status Policies for International Students
Foreign students soon may find themselves subject to new policies and processes regarding their status in the United States.
U.S. Immigration and Customs Enforcement (ICE) has released for comment its proposed rule Establishing a Fixed Time Period of Admission and an Extension of Stay Procedures for Individuals in F, J
Beltway Buzz, September 25, 2020
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.
Maritime COVID-19 Mandates Updated
The Louisiana Maritime Association issued an updated COVID-19 Daily Report Supplement this week on September 23, 2020. In this supplement, there are updated links to current state and local guidance and some additional CDC recommendations for maritime pilots. Follow this link to access this report online.
SEC Amends Whistleblower Award Program Rules
With a vote split down party lines, on September 23, 2020, the Securities and Exchange Commission (SEC) approved several amendments to rules governing its Whistleblower Program. The purpose of the amendments, according to the SEC, is “to provide greater clarity to whistleblowers and increase the program’s efficiency and transparency.”1
Just in Time for Handbook Season, California Passes Sweeping Expansion of Family Leave Law
Effective January 1, 2021, SB 1383 expands the California Family Rights Act (CFRA) to cover smaller employers and provide access to leave for additional covered reasons.
Current Law
Bipartisan Name, Image, Likeness Bill Introduced In Congress
Legislation that would protect the rights of student-athletes to receive financial benefits from the commercial use of their name, image, and likeness (NIL), while prohibiting athletic associations, like the NCAA and colleges and universities, from preventing student-athletes from participating in intercollegiate athletics as a result of entering into endorsement contracts
Aligning Your FMLA Policy with the New Massachusetts Paid Family Medical Leave Law
Massachusetts employers subject to the federal Family and Medical Leave Act (FMLA) may be wondering whether and how to amend their existing FMLA policies for consistency with the new Massachusetts Paid Family and Medical Leave Law (PFMLL), under which employees will be eligible to take paid medical and family leave starting on January 1, 2021. There is still time to adjust FMLA policies, but one aspect of a typical FMLA policy might require prompt attention: the method for calculating the 12-month period applicable to an employee’s leave entitlement. Most employers use the “rolling look-back” method, but this option is not available under the PFMLL. If an employer wishes to change its FMLA policy to align with the PFMLL in this area the employer must bear in mind that FMLA regulations require 60 days’ notice to employees before making a change.
Indiana AG Proposed Regulations Creating Corrective Action Plan Requirement and Cybersecurity Safe Harbor
A proposal by Indiana’s Attorney General Curtis Hill on Wednesday would add a significant step in the incident response process for responding to breaches of security affecting Indiana residents. On Wednesday, during a U.S. Chamber of Commerce virtual event, he announced his proposed rule designed to better protect Hoosiers from
DOT Extends Period of Enforcement Discretion For SAPs and Service Agents
The U.S. Department of Transportation’s (“DOT”) Office of Drug and Alcohol Policy Compliance (“ODAPC”) has again extended its April 4, 2020 Statement of Enforcement Discretion for Substance Abuse Professionals and Service Agents, effective September 22, 2020. The Statement of Enforcement Discretion previously was extended in June and will now remain
Employers, Don’t Let Your Guard Down: COVID-19–Related Employment Lawsuits Are in Full Swing
We previously reported on COVID-19–related employment lawsuits that we tracked from late March 2020 through early May 2020. Since then, the number of lawsuits has steadily risen as employers have resumed operations after shelter-in-place or stay-at-home orders were lifted and students returned to school in virtual or hybrid environments. To
New York Federal District Court Vacates Significant Portion of DOL’s Joint-Employer Rule
On September 8, 2020, the U.S. District Court for the Southern District of New York vacated the U.S. Department of Labor’s (DOL) final joint-employer rule, which limited when multiple businesses involved in an employment relationship could be liable for violations of the Fair Labor Standards Act (FLSA).
Smart and Safe Arizona Act: What Employers Need to Know About Arizona’s Marijuana Legalization Ballot Initiative
At the end of 2019, we urged employers to keep an eye on a new recreational marijuana legalization voter initiative in Arizona: the Smart and Safe Arizona Act. Although many employers have been focused on the COVID-19 pandemic in 2020, they may want to be aware that the Arizona Secretary
Texas Employees Have a Right to Vote on Election Day (and to Be Protected From Retaliation)
Election Day—Tuesday, November 3, 2020—is quickly approaching, and employees might ask for time off to vote. Employers that simply say “no” to their employees might be violating Texas law.
Sacramento County Passes Worker Safety and Supplemental Paid Sick Leave Ordinance
The Sacramento County Board of Supervisors has passed the Sacramento County Worker Protection, Health and Safety Act of 2020, which is effective October 1, 2020.
The ordinance, which applies only to businesses located in the unincorporated areas of Sacramento County, requires employers to implement specified social distancing, mitigation, and cleaning