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Home > Federal Law Articles

Articles on U.S. Labor, Employment, Benefits & Immigration Law

Companies Prep to Return to Worksites as Temporary Flexibility for I-9 Compliance Extended

March 3, 2021 | Jackson Lewis Filed Under: Employment Eligibility

Jackson Lewis

Flexibility in completing I-9 Employment Verification Forms has been continued until March 31, 2021, and it may be extended beyond that. Under that flexibility, employers have been allowed to inspect Section 2 Form I-9 documents virtually (e.g., over video link, by fax, or by email).

Nevertheless, as companies “return” to

White House Lifts COVID-19 Executive Order that Banned Entry on Certain Permanent Immigrant Visas

March 3, 2021 | Littler Filed Under: Coronavirus

Littler

On February 24, 2021 President Biden officially lifted restrictions on entry to the United States stemming from former President Trump’s Proclamation 10014 of April 22, 2020 (“Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Fol

DOL Green Lights Telemedicine Visits to Support FMLA Leave, Allows Electronic FMLA Posting

March 3, 2021 | Littler Filed Under: Coverage (FMLA)

Littler

The Department of Labor is quickly catching up to the telemedicine explosion and America’s remote workplace.

In an effort to ease FMLA administration and address the lightning-fast move toward telemedicine visits during the COVID-19 pandemic, the DOL issued guidance yesterday making clear that a telemedicine visit with a health care

Who Needs an FFCRA Leave Update? U.S. House Version of FFCRA Provides Some Clarity for Employers

March 3, 2021 | Littler Filed Under: FFCRA

Littler

Within the past few days, employers now have greater clarity on whether they will be required to provide their employees emergency paid sick and paid FMLA leave.

The latest news boils down to this:

Employers with 500 or more employees: Breathe easy – it seems apparent you will have no

Emergency Paid Leave under FFCRA Reportedly Extended into 2021

March 3, 2021 | Littler Filed Under: General (FMLA)

Littler

Yesterday, Congressional leaders agreed on a $900 billion stimulus package that would provide modest stimulus funding to Americans and employers to help them overcome the hardship created by the COVID-19 pandemic.

House Speaker Nancy Pelosi and Senate Democratic Leader Chuck Schumer issued a press release late yesterday indicating that, among

Continued Uptick in OSHA Requests for Information to Nursing Homes

March 2, 2021 | Jackson Lewis Filed Under: General (OSHA)

Jackson Lewis

Long-term care facilities have been hit hard by COVID-19. As we approach the one-year anniversary of this national emergency, many facilities have grown accustomed to the additional reporting and scrutiny. However, this climate has also made it easier for OSHA to target long-term care facilities. One of OSHA’s common tactics

Cal OSHA Offers Additional Guidance for Its COVID-19 Emergency Temporary Standards: Testing Sites and Scope of Coverage

March 2, 2021 | Jackson Lewis Filed Under: General (OSHA)

Jackson Lewis

It has been three months since California approved the Division of Occupational Safety and Health’s (“Cal OSHA”) COVID-19 Emergency Temporary Standard (“ETS”). The rushed implementation of Cal OSHA’s ETS, which imposed new and confusing obligations on employers, left many scratching their heads and resulted in several legal challenges to the

Biden Administration Revokes Trump-Era Immigrant Visa Ban

March 2, 2021 | Ogletree Deakins Filed Under: Visas

On February 24, 2021, the Biden administration issued a proclamation immediately revoking the prior administration’s Proclamation 10014 of April 22, 2020, that blocked individuals from entering the United States on immigrant visas.

OSHA Proposes Changes to Align Hazard Communication Standard with GHS Revision 7

March 2, 2021 | Littler Filed Under: General (OSHA)

Littler

On February 16, 2021, the Department of Labor’s Occupational Safety and Health Administration (OSHA) published in the Federal Register a notice of proposed rulemaking to update its Hazard Communication Standard (HCS).

Annual Report on EEOC Developments – Fiscal Year 2020

March 2, 2021 | Littler Filed Under: EEOC

Littler

This Annual Report on EEOC Developments—Fiscal Year 2020 (hereafter “Report”), our tenth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case law and litigation statistics, but also analyzes the EEOC’s successes, setbacks, changes, and

Littler’s APAC At a Glance: COVID-Related Restrictions

March 2, 2021 | Littler Filed Under: Coronavirus

Littler

Due to the effects of the COVID-19 pandemic, governments across Asia have implemented various measures to slow the spread of the virus. Littler’s APAC team is pleased to provide you with its “APAC At a Glance: COVID-Related Restrictions” guide, to help employers adapt their operations to the different measures

DIVERSITY IN THE WORKS: The CROWN Act – A Root to End Overview for Employers on Hair Discrimination Laws and the Impact on Employer Grooming Codes

March 1, 2021 | Ford Harrison Filed Under: Grooming

Executive Summary: Many have said that the workplace tends to be society’s battlefield—where culture wars play out and emerging trends go up against long-established ones.

Top Five Labor Law Developments for January 2021

March 1, 2021 | Jackson Lewis Filed Under: General (Labor Law)

Jackson Lewis

President Joe Biden summarily removed National Labor Relations Board (NLRB) General Counsel (GC) Peter Robb from office on January 20, 2021, and removed Robb’s deputy, Alice Stock the following day. 

Worker Classification: A Pre- and Post-COVID-19 Challenge for Real Estate Industry

March 1, 2021 | Jackson Lewis Filed Under: Coronavirus

Jackson Lewis

While some say “COVID-19 has changed everything,” a couple of issues for real estate employers are unchanged. First, in the brokerage world, properly classifying agents as independent contractors, instead of employees, remains a concern, particularly as more states adopt some version of California’s employee-centered independent contractor analysis, the “ABC” test.

EEOC Argues for Broader Causation Standard and Provides a Peek into the EEOC’s Future Focus

March 1, 2021 | Jackson Lewis Filed Under: General (Title VII)

Jackson Lewis

Legal precedent, including language from the U.S. Supreme Court, requires federal courts to take a broad view of the “but-for” causation standard for determining unlawful age discrimination in the workplace, Equal Employment Opportunity Commission (EEOC) said in support of rehearing in a bank teller’s case.

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