Biden Administration

The White House has announced that OSHA will develop a new temporary emergency standard requiring private employers of 100 or more employees to mandate full vaccination or weekly testing for employees.  In addition, the President reportedly will sign an Executive Order expanding the requirements for federal contractors to vaccinate their employees which may reach contractors

Yesterday, the United States Senate confirmed Gwynne Wilcox and David Prouty to seats on the National Labor Relations Board (Board). These confirmations seal the deal on a Democratic majority on the Board and undoubtedly will mean re-visiting much of the Board precedent established under the Trump-era Board (which, in turn, had overturned many of the

On July 21, 2021, the U.S. Department of Labor (“DOL”) announced that a wide range of government contractors would be required to pay private sector employees at least $15 per hour, in a plan to carry out President Joe Biden’s executive order signed this past April.  Our blog post about President Biden’s executive order requiring

Within hours of his inauguration, President Biden broke with tradition by firing the General Counsel of the National Labor Relations Board (NLRB) after he refused to resign.  Some companies have claimed that this decision was improper and left the acting General Counsel named in his place without legal authority to act, setting up an anticipated

On July 9, 2021, the White House issued an executive order (“EO”) with the stated objective of countering anti-competitive forces throughout the economy.  One specific directive is the limitation of non-compete agreements, which include not only restrictive covenants, but also “other clauses or agreements that may unfairly limit worker mobility.”  Potentially, this could include customer

On June 24, 2021, the U.S. House of Representatives voted to overturn a formal rule that imposed heightened information sharing requirements on the Equal Employment Opportunity Commission (“EEOC”) during the EEOC’s conciliation process.  The Senate has already voted to repeal the rule.  The bill will now be sent to President Biden, who is expected to

June is Pride Month and the Equal Employment Opportunity Commission has issued timely guidance on the protections extended to LGBTQIA+ workers under Title VII.

In June 2020, the Supreme Court determined that Title VII’s prohibition against discrimination based on sex extended to sexual orientation and gender identity.  Bostock v. Clayton County was a landmark case

As previously reported here, under the American Rescue Plan Act, certain employers have until May 31, 2021 to notify eligible individuals of their potential right to subsidized COBRA coverage. Eligible individuals are those who lost group health plan coverage due to a reduction of hours or an involuntary termination of employment and who are

Employers with employee health plans subject to the Affordable Care Act (ACA) should take note that, earlier this week, the U.S. Department of Health and Human Services (HHS) announced that its Office for Civil Rights (OCR) will begin enforcing Section 1557 of ACA to prohibit discrimination based on sexual orientation and gender identity. Section 1557

On May 6, 2021, the Department of Labor (“DOL”) issued a final rule, effective immediately, withdrawing a pro-business independent contractor rule that would have made it easier for businesses to classify workers as independent contractors, rather than as employees who are entitled to minimum wage and overtime pay under the Fair Labor Standards Act.  Earlier