Signaling significant regulatory and enforcement changes from the Occupational Safety and Health Administration (OSHA), President Joseph Biden has named a California official to lead the agency.
Articles on U.S. Labor, Employment, Benefits & Immigration Law
NY Agency Updates Guidance Regarding Health Care Personnel Returning to Work Following COVID-19 Exposure and Travel
On April 1, 2021, the New York Department of Health (NY DOH) issued an update to its prior guidance for health care personnel on returning to work following COVID-19 exposure.
“The Role of Minutes in Protecting Companies and Their Directors,” Private Company Director
Ken Najder, a partner in the Corporate Practice Group in the New Orleans office, authored the Private Company Director article “The Role of Minutes in Protecting Companies and Their Directors” discussing the benefits of well-prepared minutes and how companies and directors can help shield organizations from a host of pitfalls. Ken explains the amount of detail that should be included in minutes and how to handle privileged communications at board meetings.
Goodbye COVID-19 Priority Phases and Tiers, Hello Battles With Vaccine Passports!
On Tuesday, April 6, 2021, while touring a vaccination site in Alexandria, Virginia, President Joe Biden imposed a deadline on every state to open up vaccination eligibility to all adults by April 19, 2021 (moving up the previous target date of May 1, 2021). The White House COVID-19 coordinator, Jeffrey
EEOC’s Long-Awaited Opening—2019 and 2020 EEO-1 Component 1 Data Both Due in July 2021
Due to the COVID-19 pandemic, on May 7, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) delayed the 2019 EEO-1 Component 1 data collection. On March 29, 2021, the EEOC announced that the 2019 and 2020 Component 1 data collection would open on Monday, April 26, 2021.
NCAA Modifies Student-Athlete Transfer Rules to Create Immediate Eligibility
In a much-anticipated move, the NCAA Division I Council has approved a rule change to modify current transfer rules and unify all student-athletes under the same transfer rules. The change will allow student-athletes in five sports (football, men’s and women’s basketball, baseball, and men’s hockey) to join other Division I
OSHA Provides Guidance for Healthcare Employers COVID-19 Inspections
The Occupational Safety and Health Administration’s (OSHA) recent Updated Interim Enforcement Response Plan for COVID-19 (Response Plan) was issued on the same day it announced its National Emphasis Program (NEP). Healthcare employers will continue to be a target of OSHA’s inspection efforts pursuant to the NEP. The Response Plan provides
Third Circuit Affirms Dismissal of Employee Who Advocated Violence in a Social Media Post
In a recent employee termination case, the Third Circuit Court of Appeals recently upheld the dismissal of race discrimination claims by a bank employee who was terminated due to a social media post.
Plaintiff, a Caucasian woman, was employed as a project manager in her employer’s wealth management department. In
Littler Lightbulb: A Dose of Paid Time Off for COVID-19 Vaccinations
With COVID-19 vaccines becoming more accessible throughout the United States, but vaccination opportunities often limited to “business” hours, employers are experiencing an increase in requests for time off from work to obtain a vaccine, in some instances on short notice. To shine a light on this issue and help
Labor Commissioner Issues COVID-19 Testing and Vaccination Guidance
20 million Californians have already been vaccinated, with all individuals age 16 and up eligible for vaccination effective April 15th. The Department of Fair Employment and Housing recently released updated COVID-19 guidance, which included guidance on employer vaccination programs. The California Labor Commissioner followed suit and released guidance regarding COVID-19
Is an Asymptomatic Employee Infected with COVID-19 Eligible for FMLA Leave?
Tony, an employee for a medical clinic, tested positive for COVID-19. At the advice of his physician, Tony is required to quarantine for 14 days. Because he is completely asymptomatic, however, Tony scheduled no visit with his doctor, and no regimen of continuing treatment was prescribed.
Assuming Tony cannot perform
Manufacturer Operations and Workplace Safety in the Age of Drones
A rise in more flexible Unmanned Aircraft Systems (UAS or “drones”) use as rules are relaxed and expanded could lead to operational and workplace safety changes in the manufacturing industry.
Top Five Labor Law Developments for March 2021
On March 31, 2021, National Labor Relations Board (NLRB) Acting General Counsel Peter Sung Ohr issued a memorandum stating his office will return to “vigorous enforcement” of employee rights under Section 7 rights of the National Labor Relations Act (NLRA).
DOL Issues Guidance, Including Model Documents, for Implementing ARPA’s COBRA Subsidy
As discussed in our recent client alert on the new COBRA subsidy, a provision of the American Rescue Plan Act (ARPA) requires employers to pay COBRA premiums for eligible employees who lost group health coverage due to reduced hours or involuntary termination and employers will receive a reimbursement in the form of a tax credit on their quarterly tax payment. This subsidy is available for 6 months, from April 1, 2021 to September 30, 2021, but does not extend the normal 18-month period for COBRA coverage. Given the administrative challenges the ARPA COBRA subsidy presents to employers, on April 7, 2021 the Department of Labor (DOL) issued guidance and model notices for implementing the provision’s requirements.
DOL Issues Cybersecurity Best Practices for ERISA Covered Retirement Plans
Today, the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) issued much anticipated cybersecurity guidance for employee retirement plans. This comes more than four and a half years after the ERISA Advisory Council, a 15-member body appointed by the Secretary of Labor to provide guidance on employee benefit plans, shared
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