Archives: Employment & Labor (U.S.)

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Overview of several new workplace laws Texas employers should know about following the recent legislative sessions

The Texas Legislature has been quite busy over the most recent regular and two specially-called legislative sessions. It adjourned its second specially-called legislative session on September 2, 2021. Additional bills may be enacted into law if and when Governor Greg Abbott calls a third special session. So far, Governor Abbott has signed into law several … Continue Reading

It continues: Virginia updates its permanent COVID-19 workplace safety standard

On August 26, 2021, the Virginia Department of Labor and Industry’s (DOLI’s) Safety and Health Codes Board (Board) voted 8 to 5 to update and continue its COVID-19 permanent workplace safety standard. That vote came despite the fact that the bulk of COVID-19 business requirements issued by Virginia Governor Ralph Northam ended on May 31 … Continue Reading

Biden announces major COVID-19 vaccine requirements for employers

On Thursday, September 9, 2021, President Biden issued a memorandum, “Path Out of the Pandemic” (the Memo), announcing a six-pronged national strategy to combat COVID-19. Among other things, President Biden has ordered the Department of Labor’s Occupational Safety and Health Administration (OSHA) to develop and issue an Emergency Temporary Standard (ETS) to require all employers … Continue Reading

FAQs on US employee privacy issues related to the COVID-19 vaccine

In addition to the issue of mandated COVID-19 vaccine policies, employers must also manage the related privacy risks. Below are some of the frequently asked questions surrounding the issues of employee privacy as it relates to the COVID-19 vaccine. We also have a downloadable version of our privacy FAQs. Question: Does it matter what type … Continue Reading

BREAKING: New York HERO Act prevention plans must be implemented following the state’s designation of COVID-19 as an “airborne infectious disease”

As we have previously reported, several months ago, New York enacted the HERO Act, a sweeping overhaul of the state’s workplace health and safety laws.  On September 6, 2021, the New York State Commissioner of Health designated COVID-19 as an airborne infectious disease under the HERO Act. As such, all New York employers are now … Continue Reading

Practical steps to ensure compliance with Texas’ robust new sexual harassment laws

On July 6, 2021, we released a blog post on Texas’ new sexual harassment laws, which became effective September 1, 2021. These laws expand liability for sexual harassment to companies with at least one employee and to individual supervisors and coworkers. Our July 6 post discusses the details of the new laws; now that they … Continue Reading

As of August 2021, 19 states enact COVID-19 related liability shields

On July 15, 2021, we released an article discussing the Texas liability shield for businesses against COVID-19 related claims.  Texas, however, is not the only state to enact such a shield. We have drafted a brief summary of the 19 states that have enacted COVID-19 liability shields to date.  For simplicity, we have summarized the … Continue Reading

To mandate or not? FAQs on mandatory vaccine programs for employers

Late last year, the U.S. Food and Drug Administration (the FDA) issued the first approvals for a COVID-19 vaccine. Shortly thereafter, the U.S. Equal Employment Opportunity Commission (the EEOC) issued guidance on the interplay between federal anti-discrimination law and vaccine-related issues, including the permissibility of mandatory employer vaccination policies. The below FAQs address some of … Continue Reading

Dallas County issues new mask mandate to address increased transmission levels of COVID-19

On August 11, 2021, Dallas County Judge Clay Jenkins issued an order requiring masks in Dallas County businesses, schools, and county buildings. Judge Jenkins’ order comes on the heels of a Dallas County state court issuing a temporary restraining order of Texas Governor Greg Abbott’s July 29, 2021 order barring mask mandates by local governmental … Continue Reading

ADA likely to protect COVID long-haulers, Biden says

On July 26, 2021, President Biden announced that individuals with long COVID (referred to as COVID long-haulers) could be protected under several federal civil rights laws, including the Americans With Disabilities Act (ADA). While some individuals fully recover from COVID, others experience debilitating symptoms that last long after first developing COVID-19 (long COVID), including extreme … Continue Reading

CDC releases new guidance for fully vaccinated individuals as COVID-19 rates continue to climb nationwide

On July 27, 2021, the Centers for Disease Control and Prevention (CDC) updated its COVID-19 guidance. The revised guidance, which has significant implications in the employment context, recommends that fully-vaccinated individuals wear masks in “public indoor settings in areas of substantial or high transmission.” The guidance further recommends that vaccinated persons be tested after a … Continue Reading

Sweeping amendments to New York City’s “Ban the Box” law are now in effect

Back in 2015, New York City joined the “Ban the Box” bandwagon and passed a law that delays when criminal background checks can be run on most Big Apple job applicants. Specifically, the Fair Chance Act (FCA) prohibits NYC employers from inquiring about a job applicant’s criminal conviction history until after a conditional offer of … Continue Reading

What’s all this talk about federal regulation of non-compete agreements?

On July 9, 2021, the Biden Administration issued a sweeping Executive Order called Promoting Competition in the American Economy (Order). Although it does not immediately change the current legal landscape governing non-compete agreements (or any other aspects of U.S. antitrust enforcement), the Order encourages the Federal Trade Commission (FTC) to “curtail the unfair use of … Continue Reading

California Supreme Court: Meal and rest break premiums must be paid at regular rate of pay; applies retroactively

In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court departed from the longstanding view that non-exempt employees’ meal and rest break premiums are paid at the employee’s base hourly rate, rather than the employee’s regular rate of pay used to calculate overtime pay. Instead, the Court held that the phrase “regular rate of … Continue Reading

Texas employers now shielded from most COVID-19 liability

Texas recently enacted the Pandemic Liability Protection Act (PLPA) joining a number of other states that have passed statutory liability protections for businesses against claims arising during a pandemic including the ongoing COVID-19 pandemic. The new law, which has been signed into effect by Governor Abbott, grants retroactive liability protections for both small and large … Continue Reading

New Jersey continues its war on worker misclassification

In early 2020, New Jersey Governor Phil Murphy signed a series of bills aimed at identifying and penalizing entities for misclassification of employees as independent contractors. Yesterday, Governor Murphy signed four additional laws into effect to build upon and expand these efforts: A5890, A5892, A5891, and A1171. These laws build upon prior efforts, with a … Continue Reading

BREAKING: New York Labor Department unveils guidance on HERO Act, starting the clock for all Empire State employers to adopt airborne infectious disease exposure plans

Earlier this year, New York lawmakers passed a novel, sweeping overhaul of the State’s workplace health and safety laws. Known as the HERO Act, the law is intended to “to protect employees against exposure and disease during a future airborne infectious disease outbreak.” Among other things, the HERO Act requires that the New York State … Continue Reading

Attention Texas employers: Starting September 1, 2021, companies with just one employee—as well as individual supervisors and coworkers—can be liable for sexual harassment

The effects of the #MeToo movement for employers continue with Governor Abbott recently signing two new bills into law (effective September 1, 2021) that greatly amplify legal protections against sexual harassment. One bill extends the statute of limitations for sexual harassment claims from 180 days to 300 days. The other opens the door for small … Continue Reading

Many NJ COVID-related Executive Orders set to expire July 4

On June 4, 2021, the New Jersey legislature passed legislation (A5820/S3866) enabling the end of the COVID-19 Public Health Emergency in place since March 9, 2020. Under the legislation, the majority of New Jersey’s COVID-19 related Executive Orders will lapse on July 4, 2021. The legislation specifically keeps fourteen Executive Orders in place until January 1, 2022 (which … Continue Reading

NJ workers’ compensation exclusivity not so exclusive anymore: NJ Supreme Court issues major ruling on the New Jersey workers’ compensation bar and NJLAD failure to accommodate claims

On June 8, 2021, the New Jersey Supreme Court made two significant rulings in Richter v. Oakland Board of Education. First, the Court held that an employee need not establish an adverse employment action as an element for a failure-to-accommodate claim under the New Jersey Law Against Discrimination (NJLAD). This holding built on prior case … Continue Reading

Illinois’ new non-compete restrictions expected to become law

On May 31, 2021, the Illinois legislature passed SB 672, a bill that amends the Illinois Freedom to Work Act, the state’s non-compete statute. Governor J.B. Pritzker is expected to sign the bill into law. SB 672 would apply to restrictive covenant agreements entered into after January 1, 2022, and introduces a number of new … Continue Reading

Texas Supreme Court finds injured contract worker was an employee for workers’ compensation purposes

The current prominence of the multi-entity workplace—where so-called “host” employers rely on third-party staffing agencies to perform various functions—makes a clear determination of statutory “employer” status critical in a variety of contexts.  Oftentimes, a host employer will argue that a worker is an independent contractor rather than employee.  This approach typically leaves the staffing agency … Continue Reading

New York’s amended HERO Act now in effect

Last month, we reported on New York’s passage of the so-called HERO Act, a landmark law that imposes a novel, sweeping overhaul of the State’s workplace health and safety laws. Although the HERO Act was set to take effect on June 4, the State on June 11 amended the law, including to delay its effective … Continue Reading

In first-of-its-kind decision, federal court rules that mandatory workplace COVID-19 vaccine policies are lawful

As states and localities lift COVID-19 restrictions, the business community continues to grapple with the interplay between the COVID-19 vaccine and workplace operations. To address this, some U.S. employers have elected to adopt mandatory vaccination policies. These policies, in essence, require that, subject to exceptions for sincerely-held religious beliefs and disabilities, all employees receive the … Continue Reading
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