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 November 13, 2020
D.C. Council’s ‘Ban on Non-Compete Agreements Amendment Act of 2019’—Not Dead Yet?
Despite its well-deserved reputation as an employee-friendly jurisdiction, the District of Columbia is absent from the list of “blue states” that have adopted legislation limiting the use of noncompete agreements. Over the last few years, states such as Illinois, Maryland, Massachusetts, New Hampshire, Oregon, Rhode Island, Virginia, and Washington have
Draft Cal/OSHA COVID-19 Regulations up for Vote on November 19, 2020
On November 12, 2020, the California Division of Occupational Safety and Health (Cal/OSHA) announced proposed temporary COVID-19 regulations for review and a vote by the Occupational Safety and Health Standards Board on Thursday, November 19, 2020.
Colorado Department of Labor Makes a U-Turn on Motor Carrier Exemption
On November 10, 2020, the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics (Division) published the final Colorado Overtime and Minimum Pay Standards Order Number 37 (COMPS Order 37), which takes effect on January 1, 2021. COMPS Order 37 significantly expands the state Motor Carrier
Ivy League Announces Cancellation of Winter Sports In Continued Commitment to Student-Athlete Safety
Once again, the Ivy League has sent a loud and clear COVID-19 message to the collegiate sports community. After initially delaying the start of the winter sports schedule until January 2021, the Ivy League Counsel of Presidents has voted unanimously to cancel all intercollegiate sports until at least March, becoming
Recent Texas Court Decision Highlights the Risks of Defamation in Internal Misconduct Investigations
Employers understand they have an obligation to investigate complaints of workplace misconduct. However, communications made during internal investigations are not totally without risk. Reports of misconduct, such as theft, assault, or abuse of others, can raise the scepter of defamation claims if the employer does not properly manage the communications.
Questions and Answers About Proposition 118, Which Enacts Paid Family and Medical Leave in Colorado
For years, a group of Colorado’s legislators tried—without success—to enact a statewide paid family and medical leave (PFML) program. Facing gridlock at the statehouse, advocates of PFML opted to take the issue directly to the people in the form of Proposition 118, a first-of-its-kind ballot initiative, which Colorado’s voters
Public Charge Rule Survives (For Now)
On November 3, 2020, the U.S. Court of Appeals for the Seventh Circuit temporarily stayed an order that the U.S. District Court for the Northern District of Illinois issued in Cook County, Illinois, et al. v. Wolf et al., No. 19-cv-6334 (November 2, 2020). The district court’s order had vacated
Oregon OSHA Issues COVID-19 Temporary Rule
Stepping in line behind Virginia and Michigan, the Oregon Occupational Safety and Health Administration (“Oregon OSHA”) issued a Temporary Rule Addressing COVID-19 Workplace Risks (“Temporary Rule”) requiring Oregon employers to take certain actions in response to potential workplace exposures to coronavirus (“COVID-19”). Some provisions of Oregon OSHA’s temporary rule go
Prop 24 (California Privacy Rights Act) Extends CCPA’s Anti-Discrimination/Retaliation Provision to Employees, Applicants, and Independent Contractors.
During the California Consumer Privacy Act’s (“CCPA”) amendment process prior to enactment, personal information in the employment context was highly contested and has continued to be a point of deliberation even after the CCPA’s effective date last January 1, 2020. CCPA excludes certain employment-related personal information from most of the
To Vaccinate Or Not To Vaccinate… That Is The Question
As we enter flu season (in the midst of a national spike in COVID-19 cases), and it now appears that a COVID-19 vaccine is on the horizon, employers are struggling with whether they should require employees to be vaccinated for seasonal influenza and/or COVID-19 infection. After the year that many
Colorado Issues Final Rules on Equal Pay for Equal Work Act with Significant Job Posting Requirements for All Employers with Colorado Workers
On November 10, 2020, the Colorado Department of Labor and Employment (CDLE) issued its final Equal Pay Transparency (EPT) Rules implementing Colorado’s Equal Pay for Equal Work Act, which goes into effect January 1, 2021. The final EPT Rules differ significantly from the
Coming Soon for 2021: EEOC to Update Its Compliance Manual Regarding Religious Discrimination
After being issued more than 12 years ago, the Equal Employment Opportunity Commission (EEOC) voted to publish a proposed update to its Compliance Manual section on religious discrimination. Once published, it will be open and available for public comment. According to the EEOC, the updated guidance will reflect recent legal