An Essential Resource for Employers
The federal Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act) officially took effect this week on December 20, 2021. The law was signed two years ago as Section 1123 of the National Defense Authorization Act for Fiscal Year 2020.
Known as the “Ban the Box” Act, it prohibits federal contractors from asking applicants seeking work under federal contracts about their criminal histories until after the contractor extends a conditional job offer.… Continue Reading
On December 17, the Sixth Circuit issued an opinion lifting the nationwide stay of the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) mandating COVID-19 vaccination or testing. As previously reported here, the ETS requires employers with 100 or more employees to either require that workers receive the COVID-19 vaccine or submit to regular COVID-19 testing and wear a face covering.… Continue Reading
As we previously reported here, the Biden Administration has seen significant setbacks as courts around the country halt the administration’s vaccine mandates, including the emergency Interim Final Rule issued by the Centers for Medicare and Medicaid Services (CMS). Specifically, on November 29, Judge Matthew T. Schelp of the U.S. District Court for the Eastern District of Missouri enjoined the CMS Rule in the ten states who brought an action seeking preliminary injunction (Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming).… Continue Reading
On December 14, 2021, the EEOC updated its COVID-19 Technical Assistance manual Technical Assistance manual to address when employees who contract COVID-19 are covered under the Americans with Disabilities Act (“ADA”). The ADA generally prohibits discrimination against (1) a person with disability; (2) a person who has a record of impairment; or (3) an employee who is regarded by the covered entity as an individual with a disability.… Continue Reading
On December 7, 2021, the U.S. District Court for the Southern District of Georgia issued an order enjoining the COVID-19 vaccine mandate for federal contractors and subcontractors pursuant to Executive Order 14042 (Executive Order) from going into effect nationwide. Although the Georgia court discussed the “tragic toll” the COVID-19 pandemic has wrought, the court ruled it was likely that the plaintiffs will succeed in their claim that President Biden exceeded his authority when issuing the Executive Order.… Continue Reading
On the latest episode of our podcast, Business Better, we discuss the current array of federal COVID-19 vaccine mandates: their effectiveness and requirements, the scope of their coverage, and what employers should consider in responding to them. This recording took place on December 1st and does not capture changes which have taken place after this date.… Continue Reading
The Biden Administration’s action plan to overcome the pandemic saw major setbacks this week as courts around the country halted the administration’s mandatory COVID-19 vaccination policies for federal contractors and subcontractors and health care workers.
Specifically, on September 24, 2021 the Biden Administration issued guidance to supplement a previously issued Executive Order, in effect requiring employees of covered contractors (including prime contractors or subcontractors) to be fully vaccinated by December 8, 2021.… Continue Reading
Many federal contractors already have an obligation to develop and maintain written Affirmative Action Plans. Now, the Office of Federal Contract Compliance Programs (OFCCP) has announced that those same companies will be required to use a new online platform, called the “Affirmative Action Plan Verification Interface,” available here, to annually certify that they are complying with that obligation.… Continue Reading
The U.S. Department of Labor (“DOL”) published a Final Rule on Monday November 22, 2021 raising the minimum wage for federal contractor employees to $15 an hour. The Rule takes effect on January 30, 2022 and will apply to new or updated contracts with the U.S. Government. The higher wage will apply to existing contracts when parties exercise their option to extend contracts, which often occurs annually.… Continue Reading
On November 17, 2021, the EEOC, as it has done throughout the pandemic, updated its COVID-19 Technical Assistance manual. The additional questions and answers clarify that applicants and current and former employees are protected from relation for exercising EEO rights in connection with COVID-19. The guidance identifies particular examples of protected activity, which employees may engage in without fear of retaliation, including:
