In May, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced that the Form I-9 flexibilities allowing for remote verification will end on July 31, 2023. DHS regulations...more
7/3/2023
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Required Forms ,
USCIS
U.S. Department of Labor Publishes Proposed Rule on Independent Contractor Classification Under the Fair Labor Standards Act -
On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule updating the...more
10/25/2022
/ Arbitration ,
California ,
Cannabis Products ,
Coronavirus/COVID-19 ,
Data Reporting ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Job Ads ,
Marijuana ,
New York ,
Notice Requirements ,
Off-The-Clock ,
Paid Leave ,
Pay Transparency ,
Popular ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour
[Editor’s Note (01/14/22): In a 6-3 ruling, on January 14, 2022, the U.S. Supreme Court reversed the Sixth’s Circuit’s ruling described below, and thereby re-imposed an injunction preventing OSHA from enforcing its Emergency...more
[Editor’s Note (12/20/21): The U.S. Court of Appeals for the Sixth Circuit has lifted the Fifth Circuit’s injunction halting enforcement of the OSHA Standards, and, specifically, the mandate regarding vaccination or weekly...more
On November 4, 2021, the federal Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency standards to implement President Biden’s Vaccine/Testing Mandate for businesses with 100 or more...more
11/9/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
California’s Occupational Safety and Health Standards Board (Cal-OSHA) has released proposed revisions to its COVID-19 Emergency Temporary Standards (ETS). The revisions, key aspects of which are summarized in this alert,...more
6/16/2021
/ Cal-OSHA ,
California ,
CDPH ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Exceptions ,
Governor Newsom ,
Guidance Update ,
Masks ,
Required Documentation ,
Safety Standards ,
State and Local Government ,
Vaccinations
In connection with Santa Clara County’s move into California’s yellow COVID-19 tier, the state’s lowest pandemic restriction level under its tier system, the county’s health officer updated its Health Order, effective May 19,...more
5/24/2021
/ Business Entities ,
California ,
Compliance ,
Contractors ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Independent Contractors ,
Local Ordinance ,
Masks ,
New Regulations ,
Re-Opening Guidelines ,
Required Documentation ,
State and Local Government ,
Subcontractors ,
Vaccinations ,
Vaccine Passports
New ARPA/COBRA Subsidy -
The federal American Rescue Plan Act of 2021 (ARPA) provides for a 100% subsidy of COBRA premiums for six months from April 1, 2021 through September 30, 2021, for individuals (and their covered...more
4/1/2021
/ American Rescue Plan Act of 2021 ,
Benefit Plan Sponsors ,
Biden Administration ,
COBRA ,
Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Governor Cuomo ,
Governor Newsom ,
Health Insurance ,
New Guidance ,
Non-Compete Agreements ,
Notice Requirements ,
Paid Sick Leave ,
Premium Subsidies ,
Relief Measures ,
State and Local Government ,
Tax Credits ,
Vaccinations
The rollout of the Pfizer and Moderna vaccines in the United States has triggered extensive discussion around the law concerning mandatory vaccine policies in the workplace. This discussion will almost certainly evolve over...more
12/28/2020
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employees ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Moderna Inc. ,
New Guidance ,
OSHA ,
Pfizer ,
Quarantine ,
Re-Opening Guidelines ,
Recordkeeping Requirements ,
Vaccinations ,
Virus Testing
California Significantly Expands Family Rights Act -
California Governor Gavin Newsom recently signed into law SB 1383, which significantly expands the coverage and scope of the California Family Rights Act (CFRA). CFRA,...more
10/21/2020
/ California Family Rights Act (CFRA) ,
Classification ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Equity ,
Executive Orders ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Contractors ,
Governor Newsom ,
Independent Contractors ,
Non-Compete Agreements ,
Parental Leave ,
Pay Data ,
Proposed Rules ,
Reporting Requirements ,
Sick Leave ,
Small Business ,
Training ,
Trump Administration ,
Workplace Outbreaks
As of July 3, 2020, San Francisco employers with 100 or more employees must offer a “right of reemployment” to certain employees who were or are laid off because of COVID-19 on or after February 25, 2020, prior to making any...more
Fenwick’s employment practices group has compiled the following checklist setting forth key considerations and emerging best practices that businesses should take into account when formulating a plan for employees’ return to...more
6/23/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Intellectual Property Protection ,
New Guidance ,
OSHA ,
Re-Opening Guidelines ,
Remote Working ,
Return-to-Work Agreements ,
Screening Procedures ,
Sick Employees ,
Workplace Decontamination
Fenwick’s employment practices group has compiled the following checklist setting forth key considerations and emerging best practices that businesses should take into account when formulating a plan for employees’ return to...more
San Jose and San Francisco are two of the latest California cities to adopt supplemental paid sick leave measures in response to COVID-19, joining Los Angeles, Emeryville and (it is expected) Oakland. Both ordinances fill...more
This week, federal, state and local governments issued broader and more strict shelter-in-place orders, expanded (in Los Angeles County) the covered employers who must provide paid sick leave, and provided additional guidance...more
In the last few days, federal, state and local governments have issued formal and informal guidance addressing family leave, paid sick leave, the California WARN Act and the state’s shelter-in-place orders to address the...more
3/31/2020
/ Cal-WARN ,
CARES Act ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Newsom ,
Operators of Essential Services ,
Paid Family Leave Law ,
Shelter-In-Place ,
Sick Pay
On March 18, U.S. President Donald Trump signed the Families First Coronavirus Response Act (H.R. 6201) into law. The law is set to take effect no later than April 2 and will continue to December 31, 2020. The act compels...more
By way of Executive Order, California Governor Gavin Newsom suspended, until the end of the COVID-19 emergency, enforcement of the state’s WARN Act in connection with mass layoffs or shutdowns caused by COVID-19, and which...more