On February 8, 2024, in its Murray v. UBS Securities, LLC1 opinion, the U.S. Supreme Court unanimously held that a whistleblower pursuing a claim for retaliation under the Sarbanes-Oxley Act of 2002 (“SOX”) does not need to...more
2/14/2024
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Employer Liability Issues ,
Intent ,
Murray v UBS Securities LLC ,
Protected Activity ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Whistleblower Protection Policies ,
Whistleblowers
It may, once again, be time for employers to review and update their COVID-19 workplace safety policies. In July 2022, the Equal Employment Opportunity Commission (EEOC) released updated guidance that employers must be able...more
The new Occupational Safety and Health Administration (“OSHA”) emergency temporary standard mandating various COVID-19 policies and procedures for employers with at least 100 employees (“ETS”) has an uncertain future in light...more
11/15/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Vaccinations ,
Virus Testing ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Safety
As employers consider plans to have their workforces return to the office, they are faced with the daunting task of creating a return-to-work program that balances powerful safety, legal, and social considerations under a...more
10/27/2021
/ Anti-Discrimination Policies ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Employer Responsibilities ,
Employment Policies ,
Masks ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Vaccinations ,
Virus Testing ,
Webinars ,
Workplace Safety
At the end of July, the Biden administration’s Department of Labor (“DOL”) issued a final rule, effective September 28, 2021, that will rescind the Trump administration’s “Joint Employer Status under the Fair Labor Standards...more
On June 17, 2021, in Nestle USA Inc. v. Doe, the United States Supreme Court reversed a Ninth Circuit decision that would have allowed foreign cocoa workers to pursue claims against Nestlé USA, Inc. (Nestle), Cargill, Inc....more
Employers who have been nervous about implementing or enforcing new vaccination policies should be relieved to see the updated technical guidance issued on May 28, 2021, by the Equal Employment Opportunity Commission...more
The initial effective date of June 4, 2021, for New York’s HERO Act (“HERO”) is rapidly approaching, and soon all employers in New York will be required to adopt and implement model airborne infectious disease standards to be...more
5/28/2021
/ Civil Monetary Penalty ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Enforcement Actions ,
Governor Cuomo ,
Health and Essential Rights (HERO) Act ,
Masks ,
NYDOL ,
Personal Protective Equipment ,
Sanitation ,
Workplace Safety
The Department of Labor (“DOL”) issued new guidance earlier this month on the temporary COBRA subsidies provided by the recently enacted American Rescue Plan Act (the “ARP”), which employers may find useful in administering...more
ERISA plan fiduciaries may be breathing a small sigh of relief this week after the U.S. Department of Labor (the “DOL”) issued a statement on March 10, 2021, that it would not pursue enforcement actions for violations of two...more
On February 4, 2021, the Protecting the Right to Organize Act (the “PRO Act”) was reintroduced by Democrats in the United States House of Representatives. If enacted, the PRO Act would dramatically transform American labor...more
2/19/2021
/ ABC Test ,
Arbitration Agreements ,
Boycotts ,
Browning-Ferris Industries of California Inc. ,
Civil Monetary Penalty ,
Employer Liability Issues ,
Epic Systems Corp v Lewis ,
Joint Employers ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Right to Work ,
Strike ,
Unfair Labor Practices
The Trump administration’s Department of Labor, Wage and Hour Division (the “WHD”) published its final independent contractor rule on January 7, 2021, with a related effective date of March 8...more
In this program, a panel of Vinson & Elkins’ Labor & Employment attorneys discuss potential changes to workplace laws that employers may expect to see under the Biden administration, including requirements related to labor,...more
12/10/2020
/ Biden Administration ,
Continuing Legal Education ,
Employment Policies ,
Federal Contractors ,
Federal Labor Laws ,
Foreign Workers ,
Immigration Reform ,
Labor Regulations ,
OSHA ,
Wage and Hour ,
Webinars ,
Workplace Safety
We have discussed how employers are obligated to record COVID-19 cases that they have determined are work-related and are confirmed COVID-19 cases, but what happens when an employee who has contracted COVID-19 has to go to a...more
As employers re-open workplaces, the use of rapid COVID-19 testing has proliferated. But if an employer learns of a positive result, is it required to report that result on its workplace injury logs? The answer isn’t so...more
As the presidential election draws closer and while remote work arrangements continue, employers may find that they have more opportunities to apply their social media policies in response to emotionally charged posts by...more
Most employers reimburse their employees for money spent on meals, hotels and other expenses during work trips as business expenses, but few have given thought to reimbursing employees for employee costs incurred at home,...more
After months of closure, schools and day care facilities remain closed in many locations, and parents may need to remain home with young children as a result. For parents who work for employers with fewer than 500 employees...more
Virginia, as one of 22 states with a federally approved Occupational Safety and Health Administration (“OSHA”) state plan (a workplace safety and health program operated by the individual state which is approved and monitored...more
There are still many unknowns when it comes to the long-term health impacts of COVID-19 infections. Although medical studies on these impacts are ongoing, preliminary research indicates that COVID-19 infections may...more
In its COVID-19 Q&A guidance, the EEOC has concluded that, while an employer may require reliable virus testing as part of its workplace screening procedures, COVID-19 antibody tests are not similarly permissible, at least...more
Recent National Labor Relations Board efforts to reverse portions of union election reforms implemented by the Obama administration have seen a major setback following the rejection of several core amendments to those reforms...more
After over a month of furloughing, you are ready to call your furloughed employees back to work, only to be surprised by employees who tell you, “I won’t come back right now, unemployment is too good.” In ordinary times that...more
Until recently, most consumers have given little thought to the supply chains that bring groceries to grocery store shelves. However, in the face of ongoing COVID-19 disruptions, anyone who has made a grocery run for things...more
The guiding principle for employers to follow when asking or talking about individual employees’ health concerns is “data minimization.” In other words, employers should collect and share employee health information only to...more