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.
New York Federal Court Says DOL ‘Jumped the Rail’ When It Issued FFCRA Regulations
On August 3, 2020, the United States District Court for the Southern District of New York upended several employer-friendly limitations in the U.S. Department of Labor (DOL) regulations implementing the Families First Coronavirus Response Act (FFCRA). Specifically, the court struck down the DOL’s regulations regarding: (1) the requirement that employers
OFCCP’s Veterans’ Focused Reviews are Here, Along With Resources for Covered Contractors
In August 2018, the Office of Federal Contract Compliance Programs (OFCCP) informed the contractor community of its intent to conduct compliance reviews focused solely on the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) regulations. Since Directive 2018-04 was published, OFCCP released its 2019 Corporate Scheduling Announcement Letter (CSAL)
CDC Issues COVID-19 Communication Plan for Critical Infrastructure Employers
On August 4, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued a communication plan titled “COVID-19 Communication Plan for Select Non-healthcare Critical Infrastructure Employers.” The purpose of the plan is to outline actions certain critical infrastructure employers may consider to disseminate COVID-19 messages with employees more effectively.
COVID-19 Orders Upon Orders—What Does It All Mean for St. Louis County Businesses?
Since March 2020, St. Louis County Executive Dr. Sam Page, and the county’s acting director of the Department of Public Health (DPH), Dr. Emily Doucette, have issued more than 20 orders and “safe operating guidelines” regarding COVID-19. On July 29, 2020, with an effective date of July 31, 2020, the
FDIC Loosens Requirements for Employment With Financial Institutions
On July 24, 2020, the Federal Deposit Insurance Corporation (FDIC) released a final rule to revise and codify into the agency’s regulations the FDIC’s Statement of Policy (SOP) on Section 19 of the Federal Deposit Insurance Act. Section 19 generally prohibits any person from participating in banking who has been
School’s Out for … Fall? Managing Employees’ Need to Care for Children When School Is Virtual
In March 2020, everyone thought we just need to occupy our children at home for a few weeks, maybe through spring break, and we would be fine. Then it was “just make it to summer.” Now summer is winding down and many kids are not going back to school full-time
Wisconsin Becomes a Hotbed for ERISA Class Action Claims
In recent months, Wisconsin federal courts have witnessed a dramatic increase in class litigation raising breach of fiduciary duty claims under the Employee Retirement Income Security Act of 1974 (ERISA). These claims target sponsoring employers and individuals who oversee plan investments and plan fees for employer-sponsored 401(k) plans.
USCIS Announces Fee Increases and Process Changes
On July 31, 2020, the U.S. Department of Homeland Security (DHS) announced a final rule that will adjust fees for specific immigration and naturalization benefit requests to “ensure U.S. Citizenship and Immigration Services [USCIS] recovers its costs of services.”
Wisconsin Masks Up: Governor Evers Issues Statewide Face Covering Order
On July 30, 2020, Wisconsin joined 31 other states—including Alabama, California, and Pennsylvania—with a statewide face covering order. Governor Tony Evers issued Emergency Order #1, requiring all individuals in Wisconsin over the age of five and medically able to do so to don cloth face coverings (not including face shields
San Francisco Issues Order Requiring Face Coverings in Public and in Workplaces
On July 22, 2020, Health Officer Tomás J. Aragón of the City and County of San Francisco issued Public Health Emergency Order No. C19-12c, entitled, “Order of the Health Officer of the City and County of San Francisco Generally Requiring Members of the Public and Workers to Wear Face Coverings.”
NLRB’s New Decision Cuts Ties Between Abusive Conduct in the Workplace and Protected Conduct
On July 21, 2020, the National Labor Relations Board issued its decision in General Motors LLC, 369 NLRB No. 127 (2020), overruling decades of precedent granting employees considerable freedom to engage in abusive or offensive conduct in connection with union or other protected concerted activity.
20 Tips for U.S. Virgin Islands Employers in 2020: Accommodating Disabled or High-Risk Employees During the COVID-19 Pandemic
Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part nine of this series addresses the laws relevant
ICE Issues Updated Guidance and Restricts Online Options for New Students for Fall 2020 Semester
On July 24, 2020, U.S. Immigration and Customs Enforcement’s (ICE) Student and Exchange Visitor Program (SEVP) issued updated guidance for international students pursing education programs in the United States. The follow-up guidance states that active students in F-1 and M-1 status, as well as schools certified by SEVP, should abide by
Virginia Enacts Pregnancy Antidiscrimination Law Imposing Mandatory Requirements on Employers
The labor and employment law revolution in the Commonwealth of Virginia has provided robust protection against unlawful discrimination as well as a comprehensive enforcement scheme. As part of that revolution, the state enacted Senate Bill 712, which amended the Virginia Human Rights Act (VHRA) to require a covered employer to
Social Profiles