On March 15, 2022 - National Pay Equity Day in the US - the Office of Federal Contract Compliance Programs (“OFCCP”) issued its first directive under the Biden administration, Directive 2022-01 (the “Directive”). The...more
As the second year of the COVID-19 pandemic ends, employers and employees alike continue to juggle a variety of demands. Finding a balance for these obligations can often result in both practical and legal considerations....more
Yesterday, the Office of Federal Contract Compliance Programs (“OFCCP”) published guidance regarding implementation of the agency’s new system for federal contractors and subcontractors to enter, track, and submit affirmative...more
As many employers develop and implement mandatory COVID-19 vaccine policies, the legal landscape for federal and private vaccine mandates continues to develop. Below are a few recent developments in this area for all...more
The Equal Employment Opportunity Commission (“EEOC”) recently announced that it is yet again extending the deadline for covered employers to submit EEO-1 reports for 2019 and 2020. The new deadline for reporting is October...more
Private employers with more than 100 employees and federal contractors and subcontractors with 50 or more employees are required to annually submit certain workforce demographic data to the Equal Employment Opportunity...more
The American Rescue Plan (“ARP”), signed into law by President Biden on March 11, 2021, does not place any new paid leave requirements on private employers who were previously covered by the Families First Coronavirus...more
COVID-19 has led to significant employee absences from the workplace. While the federal Family and Medical Leave Act (FMLA) may well apply to certain such absences, employers must avoid the temptation to count all...more
As COVID-19 vaccines become more widely available and efforts are underway to increase dissemination, employers are considering whether to require employees to be vaccinated in order to be present on Company property. This...more
2/4/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health and Safety ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
As COVID-19 vaccines become more widely available and efforts are underway to increase dissemination, employers are considering whether to require employees to be vaccinated in order to be present on Company property. This...more
2/3/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Lactation Accommodation ,
OSHA ,
Pregnancy ,
Reasonable Accommodation ,
Religious Accommodation ,
Unions ,
Vaccinations ,
Workplace Safety
As COVID-19 vaccines become more widely available and efforts are underway to increase dissemination, employers are considering whether to require employees to be vaccinated in order to be present on Company property. This...more
2/2/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Disability ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Pregnancy ,
Protected Class ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workers' Compensation Claim ,
Workplace Safety
As COVID-19 vaccines become more widely available and efforts are underway to increase dissemination, employers are considering whether to require employees to be vaccinated in order to be present on Company property. This...more
2/2/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Disability ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Pregnancy ,
Protected Class ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
President Biden’s appointment of Jenny Yang to Director of the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) on his first day in office signals a new direction in federal equal employment...more
The United States Department of Labor (DOL) wrapped up 2020 by issuing COVID-related guidance under both the Family and Medical Leave Act (FMLA) and the Families First Coronavirus Response Act (FFCRA).
FMLA Guidance -...more
Late last night, President Trump signed the newest COVID relief bill into law. The new law amends several federal relief laws, including the Families First Coronavirus Response Act (“FFCRA”)....more
Late on December 21, 2020, Congress passed a new federal COVID relief bill, which, if signed into law, would amend a number of laws, including the Families First Coronavirus Response Act (“FFCRA”). The FFCRA currently...more
In August, we informed you of a decision by a federal district court in New York (the “Court”) that invalidated four key provisions of the federal Department of Labor’s (“DOL”) regulations interpreting the Families First...more
Employers’ efforts to comply with the Families First Coronavirus Response Act (“FFCRA”) were further complicated on Monday when the United States District Court for the Southern District of New York invalidated several key...more
As states across the country see spikes in COVID-19 cases, employers continue to wrestle with how to handle “high risk” employees, i.e., employees who are at an increased risk for severe illness from COVID-19. Guidance from...more
8/3/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
High Risk Covid Employees ,
NLRA ,
OSHA ,
State and Local Government ,
Workplace Safety
With more and more states reopening their economies, employers are facing a barrage of new requirements from state and local governments. But compliance with local law isn’t the only thing employers must consider as they...more
The federal Department of Labor (“DOL”) is closing in on 100 informal “questions and answers” (the “Q&A”) relating to the Families First Coronavirus Response Act (“FFCRA”), having issued Q&A #s 89-93. The new Q&A address...more
Employers preparing to reopen their places of business have many logistical considerations, including compliance with state and local health orders relating to face coverings, temperature and wellness screenings, and other...more
Across the country, state and local governments are considering safe ways to “reopen” their economies and revise some of their strict shelter-in-place orders. One such consideration includes masks and “face coverings,” with...more
A federal court recently dismissed a suit brought by meat processing workers that asked the court to force the plant owner to comply with workplace safety guidance issued by the Centers for Disease Control and Prevention...more
Although the federal Department of Labor (“DOL”) declared April 1 – 17 to be a temporary period of non-enforcement of the Families First Coronavirus Response Act (“FFCRA”), the DOL was far from idle during that period. To the...more