Illinois employers will no longer face astronomical damages — into the millions or even hundreds of millions of dollars at issue in recent class action lawsuits — for violations of the Biometric Information Protection Act...more
This is the first year that the Occupational Safety and Heath Administration’s (OSHA) expanded injury and illness reporting requirements take effect for employers in certain “high-hazard” industries. By March 2, 2024, covered...more
Last week, the National Labor Relations Board (NLRB) entered into an information sharing agreement with the Consumer Financial Protection Bureau (CFPB), intended to crack down on “employer-driven debt” as well as worker...more
Last week, New York State enacted legislation that bans “no-fault” attendance policies. The new law, which will take effect in 90 days, prohibits employers from penalizing workers based on “use of any legally protected...more
Following a federal judge’s ruling last week, striking down the Centers for Disease Control and Prevention’s (CDC’s) mask mandate in airports and other public transportation settings nationwide, the agency’s ability to impose...more
While OSHA’s mandatory vaccine rule remains in legal limbo, the general counsel of the National Labor Relations Board (NLRB) issued a memo on November 10th, outlining bargaining obligations for employers with unionized...more
President Biden is ramping up measures aimed at slowing the spread of COVID-19. He announced a series of new actions on September 9, 2021, including a plan to require all employers with 100 or more employees to ensure their...more
9/29/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Healthcare Workers ,
New Guidance ,
OSHA ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Reasonable Accommodation ,
Religious Exemption ,
Service Contract Act ,
Vaccinations ,
Virus Testing
According to new guidance issued by the Centers for Disease Control and Prevention (CDC) on Thursday, May 13, individuals who are fully-vaccinated for COVID-19 are no longer required to wear a mask or practice social...more
OSHA’s long-awaited emergency temporary standard on COVID-19 is one step closer to taking effect. According to news reports, the Department of Labor submitted the rule to the White House’s Office of Management and Budget for...more
Employers—particularly those in Illinois, Indiana and Wisconsin—should revisit their military leave policies in light of the Seventh Circuit’s holding in White v. United Airlines Inc., No. 19-2546 (Feb. 3, 2021), that failure...more
The Occupational Safety and Health Administration (OSHA) tweeted last week that it has cited more than 200 employers for coronavirus-related violations, with penalties totaling nearly $3 million. Amidst this wave of...more
11/17/2020
/ Coronavirus/COVID-19 ,
Employee Training ,
Employer Liability Issues ,
Employer Responsibilities ,
Healthcare Workers ,
Hospitals ,
Masks ,
Meat Processing Plants ,
Nursing Homes ,
OSHA ,
Personal Protective Equipment ,
Reporting Requirements ,
Workplace Safety
Wisconsin employers with layoffs due to the COVID-19 pandemic must act before August 15th if they want to take advantage of Wisconsin law intended to afford a reduction of employer charges associated with their UI Account....more
A number of states, including California (by executive order on May 6, 2020), have made it easier for essential workers who contract COVID-19 to obtain workers’ compensation benefits by creating a rebuttable presumption that...more
More than 3,000 workers have filed complaints with OSHA since January 2020, alleging concerns over potential exposure to COVID-19, according to Freedom of Information Act records analyzed by the Washington Post. In the...more
On April 10, 2020, the Occupational Safety and Health Administration (OSHA) issued interim guidance regarding enforcement of employers’ obligation to record employees’ COVID-19 cases. The guidance recognizes that determining...more
On April 3, 2020, OSHA issued enforcement guidance that temporarily permits the extended and re-use of respirators as well as other alternatives, and clarifies when respirators, including N95 masks, may continue to be used...more
4/9/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Face-Filtering ,
Health and Safety ,
Healthcare ,
Hospitals ,
Infectious Diseases ,
Medical Devices ,
OSHA ,
Personal Protective Equipment ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Workplace Safety
On March 14, 2020, OSHA issued guidance for health care employers, which (1) temporarily waives the annual (not initial) fit-testing requirement for respirators, and (2) recommends discontinuing “quantitative” fit testing and...more
As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world, businesses are now confronting significant and unique challenges. Successful navigation of these challenges...more
Those who believed the Trump administration would scale back the Obama-era Department of Labor’s (DOL’s) aggressive enforcement of wage and hour laws may be surprised to learn that the DOL recently announced that it recovered...more
11/5/2019
/ Audits ,
Best Practices ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Enforcement Actions ,
Enforcement Statistics ,
Minimum Salary ,
Obama Administration ,
Trump Administration ,
Unpaid Wages ,
Voluntary Self-Audit ,
Wage and Hour
On March 28, 2019, the U.S. Department of Labor (DOL) announced a new proposed rule that would clarify that certain payments and benefits provided by employers do not factor in to employees’ “regular rate,” which is used to...more
On January 23, 2019, the Occupational Safety and Health Administration (OSHA) increased the maximum civil penalties that employers can receive for health and safety violations by 2.5 percent to account for inflation....more
Given the pace of change in the automotive space and related technologies, combined with increasing regulatory scrutiny and recent developments in trade and M&A, the global automotive industry can anticipate several risks and...more
1/23/2019
/ Acquisitions ,
Antitrust Violations ,
Automotive Industry ,
Cybersecurity ,
Employer Liability Issues ,
Foreign Corrupt Practices Act (FCPA) ,
Intellectual Property Protection ,
International Labor Laws ,
Manufacturers ,
Mergers ,
NAFTA ,
NHTSA ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Transportation Industry ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)
On August 10, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new policy directive aimed at protecting the religious freedom of employees and ensuring a “level playing field” for...more
The National Labor Relations Board (NLRB) has recently taken one step forward, two steps back in terms of providing certainty to employers that use independent contractors.
On February 16, the NLRB invited briefing on the...more
Foley’s Automotive Industry Team has prepared this report examining what the litigation, enforcement and regulatory landscape is likely to look like in 2018 and beyond. Inside, you will learn about:
Managing warranty,...more
1/23/2018
/ Acquisitions ,
Auto Warranties ,
Automotive Industry ,
Connected Cars ,
Contract Terms ,
Cybersecurity ,
Driverless Cars ,
Emerging Technology Companies ,
Employer Liability Issues ,
Equal Pay ,
Merger Controls ,
Mergers ,
Motor Vehicles ,
NHTSA ,
Sexual Harassment ,
Suppliers