Navigating the unemployment benefit administrative process under the Texas Unemployment Compensation Act can be difficult for employers. The act limits the type of conduct that may disqualify a claimant from receiving benefits, but it does provide for disqualification “if the individual was discharged for misconduct connected with the individual’s last
Missouri’s New Leave and Accommodation Law for Victims of Domestic or Sexual Abuse
On August 28, 2021, Missouri joined a number of other states in extending unpaid leave and reasonable safety accommodations to employees who are victims of domestic violence or sexual abuse, or whose family or household members are victims of domestic violence or sexual abuse.
It’s Not Over ‘Til It’s Over: The COBRA Premium Subsidy is Ending
As we mentioned in our May 23, 2021, article, the American Rescue Plan Act of 2021 (ARPA) provides a 100 percent premium subsidy for continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA) between April 1 and September 30, 2021, for certain assistance eligible individuals (AEIs). A part of
New Jersey Cannabis Regulatory Commission’s Rules and Regulations for CREAMMA Are Here: What Employers Need to Know
As we previously reported, on February 22, 2021, Governor Phil Murphy signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), which, among other things, legalized the recreational use of marijuana in New Jersey for adults age 21 and older. In addition, CREAMMA imposed on
The Aftermath of the Cuomo Investigation Report: Lessons for Employers
The New York attorney general’s August 3, 2021, report regarding the sexual harassment allegations brought against former New York governor Andrew Cuomo, “Report of Investigation Into Allegations of Sexual Harassment by Governor Andrew M. Cuomo,” contains extraordinary detail to support the conclusion that Cuomo “sexually harassed a number of current
Oregon Changes Temporary Rule Requiring Healthcare Worker Vaccinations
On August 5, 2021, the Oregon Health Authority (OHA) adopted a temporary rule on an emergency basis requiring healthcare providers and healthcare staff who work in healthcare settings to either be vaccinated against COVID-19 or face periodic COVID-19 testing by September 30, 2021.
Beltway Buzz, August 27, 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.
Federal Agencies Issue HIV Preventive Services Guidance for Health Benefit Plans
The U.S. Department of Labor, U.S. Department of Health and Human Services, and U.S. Department of the Treasury recently issued regulatory guidance on the requirement that health plans cover pre-exposure prophylaxis (PrEP) treatment—“a comprehensive intervention comprised of antiretroviral medication and essential support services”—on a first-dollar basis for individuals at high
Sixth Circuit Limits Exercise of Personal Jurisdiction in FLSA Collective Actions
On August 17, 2021, the Sixth Circuit Court of Appeals became the first federal appellate court to expressly rule on the application of the Supreme Court of the United States’ decision in Bristol-Myers Squibb Co. v. Superior Court of California to Fair Labor Standards Act (FLSA) collective actions.
FDA’s Full Stamp of Vaccine Approval Delivers Progress, but Issues With Vaccine Passports and Policies Are Looming
On August 23, 2021, the U.S. Food and Drug Administration (FDA) granted full approval to Pfizer’s COVID-19 vaccine. Moderna’s expedited application for full approval is still pending, and Johnson & Johnson plans to submit its application for full approval sometime later this year.
Biden Administration Will Require Nursing Homes to Vaccinate Employees as a Condition for Receipt of Federal Funding
On August 18, 2021, President Joe Biden announced from the White House that his administration would require nursing homes to vaccinate their staffs against COVID-19 or risk losing Medicaid and Medicare funding. He said that this step was designed to keep people safe amid the rising number of COVID-19 cases
Amendment to Virginia Overtime Wage Act Restores Certain Employee Overtime Exemptions
Over the past 16 months, a quiet labor and employment law revolution has been underway in Virginia. In the first quarter of 2021, the Virginia General Assembly doubled down legislative initiatives, imposing several additional labor and employment changes that will present challenges for many employers across the Commonwealth. By way
New Guidance Delays Some Key CAA and Other Health Benefit Effective Dates
New regulatory guidance from three federal agencies that enforce private-sector benefits laws will make employers’ daunting 2021 health benefit to-do lists slightly—but only slightly—more manageable heading into 2022. Most importantly, the frequently asked questions (FAQ) guidance delays several of the most challenging 2021 and 2022 compliance requirements under the Consolidated
Governor Pritzker Signs Illinois Noncompete Legislation Into Law
On August 13, 2021, Illinois Governor JB Pritzker signed into law Senate Bill (SB) 672, an amendment to the Illinois Freedom to Work Act. While the law codifies substantive Illinois common law on restrictive covenants, it also sets forth new and important limitations and requirements regarding the use of noncompete
Manufacturing During a Labor Shortage: How Manufacturers Have Been Innovating on Ways to Attract New Employees
For the past several months, the media have been reporting on the general labor shortage in the United States. Most manufacturers have been understaffed in their factories for even longer than this news cycle, but current events have transformed what before 2020 was merely a typical challenge for manufacturers seeking