On Tuesday, October 27, 2020, the U.S. Court of Appeals for the Tenth Circuit issued a long- awaited decision in Sec’y of Labor v. Wynnewood Refining Co., LLC. That case originated in 2012 when OSHA inspected the company following a boiler explosion that killed two employees. OSHA issued several repeat
Archives for October 2020
California Requires Board Diversity and Additional Company Disclosures
On September 30, 2020, California Governor Gavin Newsom signed a bill into law requiring publicly held corporations to further diversify their boards of directors. He also signed a bill requiring that corporations and limited liability companies make additional disclosures.
Assembly Bill 979 (AB 979) adds Section 301.4 to the California
Laura Mitchell Discusses Executive Order Limiting Diversity Training
Laura Mitchell discusses the OFCCP implications of a recente executive order limiting diversity and racial sensitivity training in “Trump Rule Leads Contractors to Cut Diversity, Bias Training,” published by Bloomberg Law.
Beltway Buzz, October 30, 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.
Federal Court Upholds Enforcement of Grocery Store’s Face-Covering Policy Over Customer Claims of Disability Discrimination
A Pennsylvania district court delivered good news for retailers struggling to balance enforcement of their face mask policies against the rights of customers who assert that their disabilities (or other factors) excuse them from wearing masks.
Federal Agencies Warn Health Care and Public Health Sector of Ransomware Threat
As hospitals and healthcare providers/systems (collectively, “Healthcare Providers”) across the nation have been reacting to spiking COVID-19 cases, an increased, imminent cybercrime threat targeting Healthcare Providers has emerged—ransomware. Ransomware is a distinct type of malware (malicious software) that attempts to deny victims access to their data until a ransom is paid.
COLAs in the Time of COVID-19
On October 26, 2020, the Internal Revenue Service (IRS) updated various dollar limitations that apply to tax-qualified retirement plans for 2021. The new amounts, published in Notice 2020-79, are annually adjusted for cost of living.
Federal Agencies Issue Joint Alert on Imminent Cybercrime Threat to Healthcare Providers
The Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI), and the U.S. Department of Health and Human Services (HHS) have issued a joint cybersecurity advisory stating they have credible information of an increased and imminent cybercrime threat to U.S. hospitals and healthcare providers.
The advisory describes
Michigan Extends and Revises its Restrictions on Gatherings and Face Masks
Due to the increase of COVID-19 cases and related deaths in Michigan over the last four weeks, the Michigan Department of Health and Human Services (MDHHS) issued an October 29, 2020 Epidemic Order extending and revising its previous order issued on October 9, 2020.
MIOSHA Issues Temporary Emergency Rules for Managing COVID-19 in the Workplace
Following the October 2, 2020 Michigan Supreme Court decision invalidating Governor Gretchen Whitmer’s pandemic executive orders, the Michigan Occupational Safety and Health Administration (MIOSHA) issued temporary emergency rules to help control, prevent and mitigate the spread of COVID-19.
Effective October 14, 2020, these rules apply to all employers currently covered
Time to Vote: Employee and Employer Voting Leave Rights and Obligations for the 2020 Elections
Elections in the United States are scheduled for Tuesday, November 3, 2020. Not only will the office of president of the United States be contested, but all 435 seats in the U.S. House of Representatives and 35 of the 100 seats in the U.S. Senate are up for grabs. At
OFCCP’s Fiscal Year 2020 Non-Financial Conciliation Agreements: A Review of the Past to Prepare for the Present and Future
Federal contractors and subcontractors have numerous affirmative action obligations and only so much time each day to devote to compliance. As a result, some requirements may tend to fall by the wayside as contractors focus on the more critical issues of ensuring equal employment opportunities in matters such as hiring,
New Jersey Governor Issues New COVID-19 Mitigation Protocols
Yesterday, New Jersey Governor Phil Murphy issued Executive Order 192 (“EO 192”), creating additional COVID-19 mitigation protocols for New Jersey employers that will be effective on November 5, 2020 at 6:00 am. These new requirements are largely based on existing the United States Centers for Disease Control (“CDC”) guidance for employers, although there are some new measures contained in EO 192 discussed below. Importantly, the mitigation measures contained in EO 192 are mandatory, and non-compliance carries potentially significant consequences.
California’s AB 685 Imposes COVID-19 Workplace Exposure Notice and Reporting Requirements for Employers Effective January 1, 2021
GOVERNOR NEWSOM SIGNED ASSEMBLY BILL (AB) 685 INTO LAW, ESTABLISHING NEW REQUIREMENTS FOR EMPLOYERS TO NOTIFY EMPLOYEES AND THEIR UNIONS ABOUT POTENTIAL WORKPLACE COVID-19 EXPOSURES EFFECTIVE JANUARY 1, 2021
New Jersey Requires COVID-19 Workplace Protocols Effective November 5, 2020
Only four days after extending New Jersey’s public health emergency an additional 30 days, Governor Phil Murphy signed Executive Order 192 (EO 192), requiring businesses that operate during the continuing COVID-19 crisis to implement workplace safety protocols effective November 5, 2020, at 6:00 a.m. Significantly, EO 192 provides for the establishment of complaint and investigation procedures to resolve non-compliance.