In companion decisions, the U.S. Supreme Court split on the issue of mandatory vaccinations for workers, halting the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) for private sector...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay of the Occupational Safety and Health Administration (“OSHA”) Emergency Temporary Standard (“ETS”) which had previously been halted by the...more
12/22/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
Non-Delegation Doctrine ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Tuesday, November 16, the Occupational Safety and Health Administration (OSHA) announced that it is suspending all implementation and enforcement efforts related to the emergency temporary standard (ETS) on mandatory...more
11/17/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Employees ,
Public Health Emergency ,
Public Schools ,
Public Sector ,
Regulatory Agenda ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Thursday, the U.S. Occupational Health and Safety Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) requiring employers with 100 or more employees to mandate vaccinations or weekly testing...more
11/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The White House announced today that President Biden will nominate attorney Gwynne Wilcox to the fifth and last vacant seat on the National Labor Relations Board (NLRB). Ms. Wilcox is a senior partner at labor & employment...more
In the final week of first 100 days of, the Biden administration, significant labor and employment activity includes a Department of Labor (“DOL”) official and two judicial nominations sent to the Senate, a push from the DOL...more
4/29/2021
/ Administrative Appointments ,
Biden Administration ,
Department of Labor (DOL) ,
Labor Law Violations ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Minimum Wage ,
NLRB ,
Paid Time Off (PTO) ,
Strategic Enforcement Plan ,
Unions ,
Vaccinations ,
Wage and Hour
In week thirteen, the Biden administration’s labor and employment activity includes the nomination for the Assistant Secretary of Disability and Employment Policy at the Department of Labor (DOL); the Senate committee vote on...more
4/20/2021
/ Administrative Appointments ,
Biden Administration ,
Collective Bargaining ,
Department of Labor (DOL) ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
Minimum Wage ,
Regulatory Agenda ,
Small Business ,
Unions ,
Wage and Hour
In week twelve, the Biden administration’s labor and employment activity includes selecting a chief to lead the Occupational Safety and Health Administration (OSHA), increased staffing at the Equal Employment Opportunity...more
4/13/2021
/ Administrative Appointments ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Infectious Diseases ,
Labor Law Violations ,
Labor Reform ,
OSHA ,
Wage and Hour
In week eleven, the Biden administration’s labor and employment activity includes the introduction of the American Jobs Plan, the extension of the Paycheck Protection Program, employment policy changes at the Department of...more
4/6/2021
/ Administrative Appointments ,
Biden Administration ,
CARES Act ,
Corporate Taxes ,
Defense Sector ,
Department of Defense (DOD) ,
GILTI tax ,
Job Creation ,
Labor Reform ,
LGBTQ ,
Paycheck Protection Program (PPP) ,
Tax Reform ,
Transgender
In week ten, the Biden administration’s labor and employment activity includes the Senate confirmation of Marty Walsh as Labor Secretary, the nomination of former CEO of the Democratic National Committee to the Solicitor of...more
Each week during the first 100 days of the new administration, we will provide a recap of significant initiatives and events that will impact employers.
In week nine, the Biden administration’s labor and employment...more
3/23/2021
/ Administrative Appointments ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Enforcement Authority ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
OSHA ,
Wage and Hour ,
Workplace Safety
In week eight, the Administration’s labor and employment activity includes the passage of the $1.9 trillion COVID-19 relief bill, the House’s passage of the PRO Act labor law reform bill, and the upcoming Senate confirmation...more
3/15/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Infectious Diseases ,
Labor Reform ,
Minimum Wage ,
New Legislation ,
Paid Time Off (PTO) ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Unions ,
Wage and Hour
In week six, the Administration’s labor and employment activity includes a major roadblock to the $15 federal minimum wage increase, an extension of unemployment benefits by the DOL, and unexpected silence by the...more
3/1/2021
/ Amazon Marketplace ,
Biden Administration ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Minimum Wage ,
Unemployment Insurance ,
Unions ,
Wage and Hour
In week five, the Administration’s labor and employment activity includes a new NLRB General Counsel appointee, an executive order revoking Trump’s industry-led apprenticeship program, the DOL’s continual withdrawal of Trump...more
2/22/2021
/ Administrative Appointments ,
Apprenticeships ,
Biden Administration ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRB General Counsel ,
Wage and Hour
In week four, the Administration’s labor and employment activity includes further reversal of Trump era initiatives at the National Labor Relations Board (NLRB), including a move to protect “Scabby the Rat”, the nomination of...more
2/15/2021
/ Administrative Appointments ,
Biden Administration ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Minimum Wage ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Unemployment Insurance ,
Unions ,
Wage and Hour
The U.S. Occupational Safety and Health Administration (OSHA) has issued enhanced COVID-19 safety guidance to help employers and their employees implement a COVID-19 prevention program and better identify risks which could...more
In week two, the Biden administration shook things up at the National Labor Relations Board with the firing and replacement of General Counsel Peter Robb, walked back President Trump’s pro-independent contractor agenda at the...more
2/1/2021
/ Administrative Appointments ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Independent Contractors ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
NLRB General Counsel ,
OSHA ,
Race Discrimination ,
Tip-Pooling
During the first 100 days of the new administration, each Friday we will be providing a run-down of significant initiatives and events that will impact employers. We already have much to report. President Biden hit the ground...more
1/22/2021
/ Administrative Appointments ,
Bias ,
Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OFCCP ,
Regulatory Reform ,
Workplace Safety
Media reports indicate that President-Elect Joe Biden will tap Boston Mayor Marty Walsh to serve as Secretary of Labor in his administration....more