Most of our readers are aware that on November 9, 2021, OSHA issued an Emergency Temporary Standard (ETS) requiring covered employers (employers with 100 or more employees) to require employees to be vaccinated against COVID-19. The ETS allows employers to decide whether to adopt weekly COVID-19 testing and mask mandates in lieu of vaccinations. On
Mandatory COVID-19 Vaccinations and Testing Issued by Federal OSHA
Update 11/8/21 – On Saturday, a three-judge panel in the U.S. Court of Appeals for the Fifth Circuit in Louisiana issued a stay of enforcement of the OSHA rule mandating vaccines for employees of large businesses. The ruling blocks the OSHA rule as outlined below. We are following the situation and will keep you updated.
We Are on the Brink of Change – Labor Law Under President Biden’s Administration
During President Biden’s campaign, he described himself as a “union man.” We are nearing the first 100 days of President Biden’s presidency, and his appointments to the NLRB and the U.S. Department of Labor (“DOL”) are consistent with that description. He has been appointing pro-union representatives including current or former state and federal officials who
Larkin Hoffman’s Employment Attorneys Help Navigate Workplace Issues During COVID-19
As COVID-19 restrictions continue to ease, many employers are navigating the best path forward for their business to ensure we keep our communities healthy while also protecting against potential litigation. Employers and employees are asking many questions about their rights and thoughtful comprehensive planning and policies are necessary. Employers have questions about whether they are
The American Rescue Plan Act Subsidizes 100% of COBRA Premiums
On March 11, 2021, President Joseph R. Biden signed the American Rescue Plan Act of 2021 (“ARP”). Among other provisions, the ARP makes COBRA coverage more affordable by subsidizing 100% of the COBRA premiums during the period beginning April 1, 2021, until September 30, 2021, for an employee or dependent who is a COBRA “qualified
Hold on to Your Hats! What to Expect Under President Biden’s Administration in Labor and Employment Law
Change in the political party of an administration can be expected to impact the development and interpretation of federal law and regulation. This is particularly true in the transition between former President Trump’s administration and that of President Joseph R. Biden.
President Biden has only been the President for two weeks, yet he has already
Did You Know There Is a New Independent Contractor Ordinance in the City of Minneapolis Effective January 1?
The City of Minneapolis determined that many freelance workers (independent contractors) need legal and economic protections since they are not covered by employment laws. The City, therefore, enacted the Minneapolis Freelance Worker Protections Ordinance (the “Ordinance”). This Ordinance, effective January 1, 2021, requires companies to enter into written agreements with most freelance workers.
The Ordinance
The Future of the FFCRA
After much hand wringing, negotiation and name-calling, Congress has passed its second COVID-19 stimulus package, which was signed by President Trump on Sunday, December 27, 2020. For months, clients have been asking whether the Families First Coronavirus Response Act (“FFCRA”) will be renewed or whether it will expire on December 31. We now have the
Conflicting Messages: An Executive Order vs. Affirmative Action
The EEOC has encouraged employers to voluntarily modify employment practices and systems which create barriers to equal employment opportunity, without waiting for litigation or formal government action. The EEOC has said that the principle of nondiscrimination in employment because of race, color, religion, sex or national origin and the principle that each employer should take
Department of Labor Brings Some Clarity to the Families First Coronavirus Response Act
On August 14, we wrote a blog post that discussed the impact of a New York court case which invalidated several features of the Final Rule issued by the U.S. Department of Labor (DOL) to implement the Families First Coronavirus Response Act (FFCRA). At that time, it was unclear whether the court’s decision applied throughout