The American Rescue Plan Act of 2021 (ARPA) is the latest federal COVID-19 relief bill, which the President signed into law March 11, 2021. ARPA includes new COBRA continuation coverage election, notice, and subsidy requirements; pension plan funding relief; and some cost-saving benefit opportunities employees may be able to leverage.
Archives for March 12, 2021
Title IX Regulations: Biden Administration Signals Changes Ahead
On March 8, 2021, President Joe Biden signed the “Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” making clear his administration’s intention to implement changes to the regulations issued on May 6, 2020 (effective August 14, 2020),
Texas Discrimination Laws Protect Intention to Become Pregnant, State Court Rules
The Texas Commission on Human Rights Act (TCHRA) prohibits discrimination in employment based on sex. The state law defines “sex discrimination” to include “discrimination because of or on the basis of pregnancy, childbirth, or a related medical condition.” In South Texas College v. Arriola, a Texas appellate court considered for
Incomplete Payroll Records Lead to Employer FLSA Liability, Fifth Circuit Rules
Employers recognize that the Fair Labor Standards Act (FLSA) requires that they pay nonexempt employees overtime wages for all hours worked in excess of 40 hours in a workweek. Additionally, the FLSA imposes recordkeeping requirements on employers regarding the hours worked by their nonexempt employees. A recent Fifth Circuit Court
USCIS Provides Filing Flexibility for International Student OPT Work Authorization Applications Affected by Service Delays
On February 26, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it was offering additional flexibility for international students affected by the delayed issuance of receipt notices for Form I-765, Application for Employment Authorization. USCIS had previously acknowledged that it was “experiencing delays in issuing receipt notices for some
The American Rescue Plan Extends FFCRA Tax Credit, But Not the Mandate
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (the “Plan”). The Plan is the most recent stimulus bill enacted to address the COVID-19 pandemic and it comes almost one year to the date the first COVID relief bill containing the Families First Coronavirus Response
Court Finds Texas Minimum Wage Law Preempts San Antonio Paid Sick Leave Ordinance
On March 10, 2021, the Texas Fourth Court of Appeals upheld a preliminary injunction preventing San Antonio’s amended Sick and Safe Leave Benefits ordinance from taking effect since December 2019. In its decision, the appellate court held that San Antonio’s ordinance violates the Texas Minimum Wage Act. As detailed
Full Fifth Circuit to Hear FLSA “Day Rate” Case, Vacating Panel Opinion
In April 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit held that paying an employee a set amount for each day he works (i.e. on a “day rate” basis) does not satisfy the “salary basis” component required to qualify as overtime-exempt under the Fair
Beltway Buzz, March 12, 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.
Department of Labor Proposes to Roll Back Joint Employment, Independent Contractor Rules
On March 11, 2021, the U.S. Department of Labor (“DOL” or “the Department”) announced proposals to roll back two Trump administration regulations under the Fair Labor Standards Act (“FLSA” or “the Act”). These proposals are scheduled to be published in the Federal Register on March 12, 2021; interested stakeholders
IMS Insights Podcast: Episode 23 – Helene Wasserman on Advancing Culture and DEI Initiatives Remotely
Helene Wasserman provides insight on remote culture initiatives for employers.
The National Law Review
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IMS Insights Podcast Episode 24: The Impact of Mentors
Helene Wasserman shares her view of mentorship.
IMS Insights
IMS Insights Podcast Episode 23: Advancing Culture and DEI Initiatives Remotely
Helene Wasserman provides insight on remote initiatives for employers.
IMS Insights
IMS Insights Podcast Episode 22: Remote Litigation Trends
Helene Wasserman explains the developing trends on virtual litigations.
IMS Insights
DFEH Gives Greenlight To Mandatory Vaccinations In The Workplace
By: DFEH Gives Greenlight To Mandatory Vaccinations In The Workplace
A few weeks ago, we blogged that California employers have a strong argument for requiring that employees obtain a COVID-19 vaccination, especially when in-person attendance is necessary for the job. See our previous blog. Last week, California’s Department of Fair Employment