On January 21, 2021, President Joseph R. Biden Jr. issued an executive order requiring the federal government to take “swift action” to protect U.S. workplaces from the COVID-19 pandemic. He ordered the U.S. Occupational Safety and Health Administration (OSHA) to, among other things, consider, within the next two weeks, whether
Archives for January 22, 2021
Employer Fitness for Duty Policy Survives Disability Discrimination Claim
A district court ruled that a long-time railroad trackman, who was pulled from service following safety complaints from his coworkers and supervisors, failed to prove that he was considered disabled under the ADA, and failed to prove that his employer (the railroad) violated the ADA when it required him to
Employment Law Developments to Monitor in 2021: COVID-19-Related Employment Litigation and Trends
As 2021 begins, Jackson Lewis continues to work with employers to help them understand, prepare for, and handle the impact of COVID-19 on the workplace. In addition to advising and counseling clients, Jackson Lewis attorneys are handling COVID-19-related litigation matters nationwide, and are tracking COVID-19 employment litigation trends with Jackson
Developments to Monitor in 2021: LGBTQ+ Rights and Freedom of Religion in the Workplace
As 2021 begins, Jackson Lewis is again providing “The Year Ahead for Employers” to clients. This comprehensive report covers all aspects of employment law and highlights 2020 issues, trends, legislative and regulatory activity, and litigation that employers need to be aware of and what to look out for in 2021.
Biden Directs OSHA to Step Up COVID-19 Safety Measures by February 4
On his second day in the Oval Office, President Biden issued an Executive Order on Protecting Worker Health and Safety directing the Occupational Health and Safety Administration (OSHA) to intensify its efforts to protect employees from COVID-19 infection in the […]
Biden First 24 Hours – Many Big Changes at the NLRB – Many Questions
By: Biden First 24 Hours – Many Big Changes at the NLRB – Many Questions
When Biden said he would be the greatest President the unions have ever seen, he apparently meant it. Less than twenty-four hours after being sworn in, Biden has:
removed John Ring as NLRB Chairman and
Biden Names Charlotte Burrows as EEOC Chair
On January 21, 2021, President Biden designated Commissioner Charlotte Burrows (D) as the new chair of the U.S. Equal Employment Opportunity Commission (EEOC or “the Commission”). Burrows replaces outgoing Republican Chair Janet Dhillon, who will continue to serve out her term as a commissioner. At the same time, the
Beltway Buzz, January 22, 2021
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.
Michigan Lifts COVID-19 Restrictions, Allows Dining in at Restaurants
On January 22, 2021, after two months of stringent lockdown orders (released 11/15/2020, 12/07/2020, 12/18/2020, & 1/13/2021), the Michigan Department of He
On Day One of the Biden Administration, a Flurry of Executive Orders
Joseph R. Biden Jr. was sworn in as the 46th president of the United States on January 20, 2021. President Biden hit the ground running, issuing 17 executive orders, proclamations, memoranda, and similar actions on his first day. Many of these presidential actions have impacts that go beyond the day-to-day
EEOC Revises Guidance on Religious Discrimination in the Workplace
The Equal Employment Opportunity Commission (EEOC) has approved revisions to its Compliance Manual Section on Religious Discrimination (Guidance). The revised Guidance, approved on January 15, 2021, draws upon several U.S. Supreme Court opinions issued since the agency’s last significant update to its guidelines in 2008.
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President Biden’s ‘Fire on the Spot’ Policy Is a Bad Idea for Your Business
resident Joe Biden started strong when he addressed White House Officials, telling them that he wanted to return to the core American values of “humility and trust.” Then he said this:
“I am not joking when I say this … if you ever work with me and I hear
Case-by-Case Analysis for the Creative Professional Exemption Applies to All Journalists, Regardless of Employer Size
On January 19, 2021, the U.S. Department of Labor (DOL) released an opinion letter analyzing the application of the Fair Labor Standards Act (FLSA) creative professional exemption to journalists.
Biden Labor and Employment Activity in the First 48 Hours
During the first 100 days of the new administration, each Friday we will be providing a run-down of significant initiatives and events that will impact employers. We already have much to report. President Biden hit the ground running in his […]
Ninth Circuit Green-Light’s FMCSA Decision to Preempt California Break Rules
By: Ninth Circuit Green-Light’s FMCSA Decision to Preempt California Break Rules
The Ninth Circuit Court of Appeals recently upheld the Federal Motor Carrier Safety Administration’s (FMCSA) determination that federal law preempts California’s meal and rest break requirements as to drivers of property-carrying commercial motor vehicles (CMVs), who are subject to the
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