Topics

Accessibility

DOJ Releases Long Awaited Notice Of Proposed Rulemaking Seeking To Increase Accessibility Of Websites And Mobile Applications Of State And Local Governments Fourth Circuit Holds That Website Tester Has Standing DOJ’s Guidance Confirms Businesses Open to the Public Must Make Web Content Accessible

Accommodation

Supreme Court Heightens Standard for Employers to Deny Religious Accommodations DOL Issues Guidance For Field Staff on PUMP Act Requirements Fourth Circuit Holds That Website Tester Has Standing

ADA

DOJ Releases Long Awaited Notice Of Proposed Rulemaking Seeking To Increase Accessibility Of Websites And Mobile Applications Of State And Local Governments Federal Agencies Issue Joint Statement on Artificial Intelligence in the Workplace Fourth Circuit Holds That Website Tester Has Standing

Adverse Employment

The Fifth Circuit Recently Broadened The Scope For Bringing An Adverse Employment Action

Arbitration

Southern District of New York Finds Employment Arbitration Agreement Unenforceable U.S. Supreme Court Ruling Denies Arbitration, Ramps Up Litigation

Biden Administration

NLRB Announces New Burden on Employers Faced with a Demand for Union Recognition Fractured SCOTUS Decision Opens Door to Expanded Personal Jurisdiction of Businesses Federal Agencies Issue Joint Statement on Artificial Intelligence in the Workplace

CARES Act

President Biden Signs American Rescue Plan Act of 2021 Paycheck Protection Program (PPP) Reopens for New Loans, Second Draw Loans and New Loan Forgiveness Applications

COBRA

Reminder: COBRA Notice Deadline Fast Approaching

Consolidated Appropriations Act

Reviewing the Welfare Plan Rules Under the Consolidated Appropriations Act, 2021

Construction Worker

DOL Reinstates Three-Step Process to Determine Prevailing Wage for Construction Workers

COVID

CMS Ends COVID-19 Vaccine Mandate for Healthcare Workers Approaching Deadline to Comply with In-Person Review of Employee I-9 Documentation Impact of May 11, 2023 End of COVID-19 Emergency Declarations

Davis-Bacon Act

DOL Reinstates Three-Step Process to Determine Prevailing Wage for Construction Workers

Discrimination

The Fifth Circuit Recently Broadened The Scope For Bringing An Adverse Employment Action Supreme Court Heightens Standard for Employers to Deny Religious Accommodations DOL Issues Guidance For Field Staff on PUMP Act Requirements

Diversity Equity and Inclusion

Podcast: Is DEI at Risk? Considerations on the US Supreme Court Ruling Against Affirmative Action Programs Supreme Court Strikes Down Race-Conscious Admissions: Implications for Corporate DEI Programs Podcast: An Update on Diversity, Equity, and Inclusion in the Consumer Financial Services Industry

DOJ

DOJ Releases Long Awaited Notice Of Proposed Rulemaking Seeking To Increase Accessibility Of Websites And Mobile Applications Of State And Local Governments Draft Merger Guidelines Demonstrate Continued Focus of DOJ and FTC on Labor Market Pennsylvania Labor Organizations File Antitrust Complaint Regarding University of Pittsburgh Medical Center

DOL

U.S. DOL Proposes Rule to Extend Overtime Pay For Millions of Workers DOL Reinstates Three-Step Process to Determine Prevailing Wage for Construction Workers Attestation to Consolidated Appropriations Act’s “Anti-Gag Rules” Due by Year’s End

Education

Podcast: Is DEI at Risk? Considerations on the US Supreme Court Ruling Against Affirmative Action Programs Supreme Court Strikes Down Race-Conscious Admissions: Implications for Corporate DEI Programs Proposed Title IX Amendments Protect LGBTQ+ Students

EEOC

Supreme Court Heightens Standard for Employers to Deny Religious Accommodations Federal Agencies Issue Joint Statement on Artificial Intelligence in the Workplace Pregnant and Nursing Workers Benefit from Expanded Employment Protections

Employee Benefits

Attestation to Consolidated Appropriations Act’s “Anti-Gag Rules” Due by Year’s End Court Invalidates Certain Preventive Care Requirements January 1 Compliance Deadline Passes for Colorado's FAMLI Program

Essential Workers

Biden’s Vaccine Mandates For Federal Contractors and Health Care Workers Are Halted Healthcare Workers’ Religious Freedom Exemption Fails to Convince First Circuit to Block Maine Vaccine Mandate New Jersey Health Care Workers Must be Vaccinated or Undergo Regular COVID-19 Testing

Events

Join Us at the 2023 HR Legal Summit - Register Today!Back to School – Remembering the 4 R's: RIFs, Remote Work, Requests for Accommodations, and Recruitment in Uncertain Times, Part Two 11th Annual Utah Fall Employment Seminar

Federal Contractors

Podcast - Federal Vaccine Mandates: What’s Next for Employers?“Ban the Box” Act Takes Effect for Federal Contractors Podcast - The Patchwork of Federal Vaccine Mandates

FLSA

U.S. DOL Proposes Rule to Extend Overtime Pay For Millions of Workers SVB Fall Out – Beware of Employment Law Risks SCOTUS Rules That Worker Who Was Paid High Daily Wage is Non-Exempt and Entitled to Overtime Pay

FMLA

Department of Labor Issues New Guidance on Telework Under the Fair Labor Standards Act and Family and Medical Leave Act January 1 Compliance Deadline Passes for Colorado's FAMLI Program Ways and Means Committee Proposes National Paid Family and Medical Leave

FTC

Draft Merger Guidelines Demonstrate Continued Focus of DOJ and FTC on Labor Market Federal Agencies Issue Joint Statement on Artificial Intelligence in the Workplace FTC Seeks to Ban Noncompete Agreements

Gig Economy

FTC and NLRB Announce New Coordination Efforts Biden Administration Rescinds Employer-Friendly Independent Contractor Test Employer-Friendly Independent Contractor Test is on the Chopping Block

GINA

EEOC Posts Updated COVID-19 Guidance A Second Proposal: EEOC Issues New Guidance on Nondiscrimination for Wellness Programs

Harassment

Southern District of New York Finds Employment Arbitration Agreement Unenforceable New EEOC Required Workplace Poster New York Minute – April Edition

Health Care

Attestation to Consolidated Appropriations Act’s “Anti-Gag Rules” Due by Year’s End Court Invalidates Certain Preventive Care Requirements Reviewing the Welfare Plan Rules Under the Consolidated Appropriations Act, 2021

HIPAA

HIPAA Privacy Rule and Security Rule Developments to Note Early in 2021

Immigration

E-Verify Users Now Permanently Able to Verify Employment Eligibility Remotely Approaching Deadline to Comply with In-Person Review of Employee I-9 Documentation DHS Extends I-9 Flexibility Due to COVID-19 … Yet Again

Independent Contractors

NLRB’S INDEPENDENT CONTRACTOR TEST SHIFTS BACK TO PRE-TRUMP STANDARD U.S. Department of Labor Issues Proposed Rule on Independent Contractor Status Biden Administration Rescinds Employer-Friendly Independent Contractor Test

IRS

IRS Adjusts Figure Applicable to ACA Employer Mandate IRS Issues Additional Dependent Care FSA Guidance IRS Issues Guidance Concerning American Rescue Plan's Required COBRA Subsidies

Joint Employers

NLRB Announces Proposed New Joint Employer Rule

Labor

NLRB Announces New Burden on Employers Faced with a Demand for Union Recognition Draft Merger Guidelines Demonstrate Continued Focus of DOJ and FTC on Labor Market NLRB’S INDEPENDENT CONTRACTOR TEST SHIFTS BACK TO PRE-TRUMP STANDARD

Layoffs & Furloughs

SVB Fall Out – Beware of Employment Law Risks New Jersey Employers Take Note: WARN Amendments Effective April 11, 2023 Back to School – Remembering the 4 R's: RIFs, Remote Work, Requests for Accommodations, and Recruitment in Uncertain Times, Part Two

Leave

January 1 Compliance Deadline Passes for Colorado's FAMLI Program Pregnant and Nursing Workers Benefit from Expanded Employment Protections Upcoming Webinar: The End of Roe – What it Means for Employers and Employee Benefit Plans

Marijuana

New Jersey Cannabis Regulatory Commission Issues Interim Guidance on Workplace Impairment and Reasonable Suspicion Determinations Employees Can Pursue A Private Cause of Action Under PA’s Medical Marijuana Act New Jersey Supreme Court Upholds Workers’ Compensation Order Directing Reimbursement for Medical Marijuana Costs

Minimum Wage

U.S. DOL Proposes Rule to Extend Overtime Pay For Millions of Workers SVB Fall Out – Beware of Employment Law Risks Landmark Legislation for Temporary Workers in New Jersey

New York Minute

New York Minute - June 2022 New York Minute – April Edition New York Minute: Latest Developments for Employers

NLRB

NLRB Announces New Burden on Employers Faced with a Demand for Union Recognition NLRB Returns to a More Stringent Framework For Workplace Rules NLRB’S INDEPENDENT CONTRACTOR TEST SHIFTS BACK TO PRE-TRUMP STANDARD

No-Poach

DOJ Secures First Win in Criminal No Poach Action DaVita, Former CEO, Not Guilty in Criminal Case Over Alleged 'No-Poach' Agreements

Non-Compete

FTC Seeks to Ban Noncompete Agreements FTC and NLRB Announce New Coordination Efforts Colorado’s Newly Enacted Income-Based Non-Compete Law Marks Tightening of Restrictive Covenants

OSHA

Unions Cannot Force OSHA to Issue Permanent COVID Standard OSHA Plans Inspections of Region 3 Warehouse Establishments OSHA Permanent Safety Regulations for Healthcare on the Horizon

Overtime

U.S. DOL Proposes Rule to Extend Overtime Pay For Millions of Workers SCOTUS Rules That Worker Who Was Paid High Daily Wage is Non-Exempt and Entitled to Overtime Pay Landmark Legislation for Temporary Workers in New Jersey

Pay

SVB Fall Out – Beware of Employment Law Risks Landmark Legislation for Temporary Workers in New Jersey New EEOC Required Workplace Poster

Philadelphia

Join Us at the 2023 HR Legal Summit - Register Today!Philadelphia Ordinance Requires Reporting of Changes to Federal Taxable Income

Podcast

Podcast: An Update on Diversity, Equity, and Inclusion in the Consumer Financial Services Industry Podcast – The New BSA Whistleblower Law: What You Need to Know Podcast – Marijuana Use in the Workplace: What Employers Need to Know

PPP

Paycheck Protection Program Continues to Evolve Latest Changes to PPP Program Include Bigger Loans for Schedule C Filers Biden Administration Changes PPP Again, Announces Exclusive Window for Small Businesses, Sole Proprietors, and Independent Contractors

Pregnancy

DOL Issues Guidance For Field Staff on PUMP Act Requirements January 1 Compliance Deadline Passes for Colorado's FAMLI Program Pregnant and Nursing Workers Benefit from Expanded Employment Protections

Prevailing Wage

DOL Reinstates Three-Step Process to Determine Prevailing Wage for Construction Workers

Regulatory

CMS Ends COVID-19 Vaccine Mandate for Healthcare Workers Pregnant and Nursing Workers Benefit from Expanded Employment Protections Board Limits Ability to Prohibit Labor Protests

Remote Work

E-Verify Users Now Permanently Able to Verify Employment Eligibility Remotely Webinar Recording: Back to School – Remembering the 4 R's: RIFs, Restructuring, Requests for Accommodations, and Recruitment in Uncertain Times The Changing Pennsylvania Tax Landscape for Remote Work

Restrictive Covenants

Colorado’s Newly Enacted Income-Based Non-Compete Law Marks Tightening of Restrictive CovenantsWhite House Executive Order Seeks To Limit Non-Competes Podcast - A Deep Dive into “No-Poach” Agreements

Roe v. Wade

Webinar Recording: End of Roe – What it Means for Employers and Employee Benefit Plans

Safety

Biden Administration Plans to Turn Up the Heat to Propose New Rules and More OSHA Inspections to Address High Temperatures in the Workplace President Biden Signs American Rescue Plan Act of 2021 OSHA Launches a COVID-19 National Emphasis Program

SCOTUS

Podcast: Is DEI at Risk? Considerations on the US Supreme Court Ruling Against Affirmative Action Programs Supreme Court Strikes Down Race-Conscious Admissions: Implications for Corporate DEI Programs Fractured SCOTUS Decision Opens Door to Expanded Personal Jurisdiction of Businesses

Social Media

NLRB Finds Elon Musk Tweet and Tesla Confidentiality Agreement Violated Employee Rights NLRB on Handbook Rules: Do’s and Don'ts

Telecommuting

Department of Labor Issues New Guidance on Telework Under the Fair Labor Standards Act and Family and Medical Leave Act New Jersey Announces Major Re-Opening Steps New Jersey Plans to Ease COVID-19 Restrictions, Along with New York and Connecticut

Title VII

The Fifth Circuit Recently Broadened The Scope For Bringing An Adverse Employment Action Supreme Court Heightens Standard for Employers to Deny Religious Accommodations Pregnant and Nursing Workers Benefit from Expanded Employment Protections

Uncategorized

DOL Issues Guidance For Field Staff on PUMP Act Requirements EEOC Provides “Capstone” COVID-19 Guidance for Employers New Marijuana, Paid Leave, and Non-Compete Laws Will Impact Minnesota Employers

Unions

NLRB Announces New Burden on Employers Faced with a Demand for Union Recognition SVB Fall Out – Beware of Employment Law Risks NLRB Establishes New Restrictions on Severance Agreements

USERRA

Third Circuit Rules Reservists May Need to Be Paid for Military Leave

Vaccines

CMS Ends COVID-19 Vaccine Mandate for Healthcare Workers Status Update: Federal Contractor Vaccine Mandate Injunction Narrowed Paid COVID Leave is Back in Philadelphia

Wage & Hour

U.S. DOL Proposes Rule to Extend Overtime Pay For Millions of Workers DOL Reinstates Three-Step Process to Determine Prevailing Wage for Construction Workers SVB Fall Out – Beware of Employment Law Risks

WARN

SVB Fall Out – Beware of Employment Law Risks Back to School – Remembering the 4 R's: RIFs, Remote Work, Requests for Accommodations, and Recruitment in Uncertain Times, Part Two

Whistleblower

BSA Whistleblower Provision Gains Teeth New AML Whistleblower Program Highlighted by FinCEN Acting Director

Workplace Rules

NLRB Returns to a More Stringent Framework For Workplace Rules