On October 28, 2021, New York Governor Kathy Hochul signed into law Senate Bill S4394A, which amends section 740 of the New York Labor Law (NYLL) to enhance protections for private-sector employees who allege retaliation for reporting violations of and “law, rule or regulation.” While cases alleging whistleblowing and the
Federal OSHA’s COVID-19 ETS: Will It Change the Next ETS for California?
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) to minimize the risk of COVID-19 transmission in the workplace. The California Division of Occupational Safety and Health (Cal/OSHA) was planning to update and adopt new language for the California COVID-19 ETS that would
Louisiana and New Orleans Lift Their Mask Mandates, Except for Students Subject to Opt-Out Procedures
Mask mandates, with certain exceptions, are ending in Louisiana. This week, Louisiana’s governor lifted the statewide mandate, which allowed cities to impose their own mandates. New Orleans’ mandate, which has been in effect since July 2021, is also now ending.
Iowa Strengthens Medical and Religious Exemptions From Vaccine Policies, Permits Individuals Discharged for Refusing Vaccines to Qualify for Unemployment Benefits
On October 29, 2021, Iowa Governor Kim Reynolds signed House File 902 into law, a measure that requires Iowa employers with mandatory COVID-19 vaccine policies to waive their requirements for employees who seek vaccination exemptions for medical or religious reasons. The law also permits individuals to qualify for unemployment insurance
Louisiana and Orleans Lift Their Mask Mandates, Except for Students Subject to Opt-Out Procedures
Mask mandates, with certain exceptions, are ending in Louisiana. This week, Louisiana’s governor lifted the statewide mandate, which allowed cities to impose their own mandates. New Orleans’ mandate, which has been in effect since July 2021, is also now ending.
Georgia Courts Cannot Toll Duration of Noncompete Agreement, Even Against Willful Violator
Since the passage of the Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) in May 2011, there has been some level of uncertainty regarding the extent to which a court may “blue pencil” or modify an otherwise unenforceable covenant, including whether a court may extend the restrictions period of
Louisiana Expands Liability for Perpetrators of Sexual Assault in the Workplace
On June 10, 2021, the Louisiana State Legislature passed House Bill (HB) No. 379, a measure that provides for civil liability for injuries caused to individuals who have experienced sexual assault in the workplace, as defined by criminal statutes.
Beltway Buzz, October 29, 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.
Missouri Governor Thumbs Nose at Federal Mandates, but Private Employers Still Left Wondering Whether and How to Comply
Following in the footsteps of governors in states such as Alabama, Arkansas, and Texas, on October 28, 2021, Missouri Governor Mike Parson issued Executive Order 21-10, a measure intended to chip away at the reach of federal vaccine mandates.
DOL’s Dual Jobs Final Rule: Will It Be a Horror Show for Employers?
On October 28, 2021, the U.S. Department of Labor (DOL) released a final rule that may cause many employers in the restaurant, hospitality, and service industries to rethink and/or end their use of tip credits under the federal Fair Labor Standards Act (FLSA). Under the FLSA, an employer that meets
White House Permits Air Travel Into the United States for Fully Vaccinated Nonimmigrant Travelers, Beginning November 8, 2021
On October 25, 2021, the White House issued a presidential proclamation revoking the following proclamations with country-specific COVID-19 travel restrictions: Proclamation 9984 (China); Proclamation 9992 (Iran); Proclamation 10143 (Brazil, Ireland, the Schengen Area, South Africa, and the United Kingdom); and Proclamation 10199 (India).
The Keeping Workers Safe Act Introduced: Will OSHA Violations Be Widely Disseminated?
On October 22, 2021, Senator Dianne Feinstein, Senator Robert Menendez, and Senator Brian Schatz joined Representative Andy Levin of Michigan to introduce legislation to require the publication of alleged workplace safety violations. The Keeping Workers Safe Act would direct the Occupational Safety and Health Administration (OSHA) to announce major violations
New OSHA Leadership Signals Change for Workplace Health and Safety
On October 25, 2021, the U.S. Senate voted 50-41 to confirm Douglas Parker to lead the Occupational Safety and Health Administration (OSHA). He takes on a role that has been vacant since January 2017.
IRS Lifts Barriers to Help Address Labor Shortage Due to COVID-19
As employers across the country are facing critical labor shortages, the Internal Revenue Service (IRS) has stepped in, attempting to help by removing barriers that may have previously stopped employers from rehiring retirees and dissuaded many workers from continuing to work after reaching retirement age.
COVID-19 Vaccination Religious Exemption Requests: 5 Key Takeaways From the EEOC’s Updated Technical Assistance
On October 25, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance related to the COVID-19 pandemic. The updated and expanded COVID-19 technical assistance adds a new section with information related to requests by applicants or employees seeking to be excused from COVID-19 vaccination requirements due to sincerely