The Department of Labor (“DOL”) announced publication of the Dual Jobs final rule. This rule finalizes the DOL’s proposal to withdraw one portion of the Fair Labor Standards Act (“FLSA”) tip rule that was finalized in 2020. Employers who employ workers engaged in tipped work, like servers and bartenders, need to consider how this rule impacts their operations and tipped employee pay.… Continue Reading
White House Issues Federal Contractor Vaccine Guidance
On September 24, 2021, the White House issued Guidance explaining that Federal contractors and subcontractors with a covered contract or contract-like instrument must comply with the following workplace safety protocols:
- COVID-19 vaccination of covered contractor employees, except where an employee is legally entitled to an accommodation;
- Compliance with masking and physical distancing while in covered contractor workplaces; and
- Designation of a person or persons to coordinate COVID-19 workplace safety efforts at covered contractor workplaces.
Biden Administration Plans to Turn Up the Heat to Propose New Rules and More OSHA Inspections to Address High Temperatures in the Workplace
On September 20, 2021, the Biden Administration announced a multi-agency initiative to protect employees from excessive workplace heat exposure. The Administration acknowledged its public health concern arising from heat waves experienced this summer and what it has identified as a systemic threat to workers from exposure to high temperatures – indoors and outdoors – while doing their jobs.… Continue Reading
Ways and Means Committee Proposes National Paid Family and Medical Leave
On September 7, the House Ways and Means Committee released bill text that includes a new national, universal paid medical and family leave plan. This bill represents just one portion of the expected $3.5 trillion social spending bill that will advance President Biden’s legislative agenda.
The bill is extensive, but employers should be particularly aware of the following provisions:
- Beginning in July 2023, the bill provides up to 12 weeks of federal benefits to replace lost wages due to time off for medical leave or caregiving for an ill family member.
White House To Announce Vaccine Mandate For Private Employers
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 whose employees are not at government facilities. … Continue Reading
NLRB Will See a Shift in Majority After Senate Confirms Wilcox and Prouty to Board Seats
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 Obama Board’s most controversial decisions).… Continue Reading
DOL Prepares To Implement $15/hour Minimum Wage For Federal Contractors
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 the wage increase can be found here.… Continue Reading
President Can Fire NLRB General Counsel, Suggests District of New Jersey Judge
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 wave of legal challenges.… Continue Reading
White House Executive Order Seeks To Limit Non-Competes
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 and employee non-solicitation provisions, which some courts construe in the same manner as employee restrictive covenants. … Continue Reading
Congress Votes To Repeal Trump-Era EEOC Conciliation Rule
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 sign it into law.… Continue Reading