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President Biden Issues Proclamation Adding India to COVID-19 Travel Restrictions (US)

On April 30, 2021, the President issued another Proclamation suspending entry into the United States of nonimmigrants and noncitizens who were physically present within the Republic of India during the 14-day period preceding their attempted entry into the United States. These restrictions take effect at 12:01 am EDT on May 4, 2021 and remain in … Continue Reading

DOL Returns to the Practice of Seeking Liquidated Damages in Settlements in Lieu of Litigation, Rescinding Trump-Era Policy (US)

On April 9, 2021, the U.S. Department of Labor (“DOL”) issued Field Assistance Bulletin No. 2021-2, which provides updated guidance to Wage and Hour Division (“WHD”) field staff regarding the practice of seeking liquidated damages in settlements in lieu of litigation. In so doing, the DOL rescinded a Trump-era policy aimed at reducing the imposition … Continue Reading

Considerations for Employers Contemplating Incentive Programs to Encourage Employees to Receive the COVID-19 Vaccine (US)

As we discussed in a previous post, the US Equal Employment Opportunity Commission (“EEOC”) published guidance in December 2020 on employer mandatory COVID-19 vaccination policies. That guidance explained that subject to a few exceptions, employers can require that employees receive the COVID-19 vaccine as a condition of returning to, or remaining in the workplace.  However, … Continue Reading

Arizona Responds to Spike in Fraudulent Unemployment Claims With Advice for Employers (US)

Like many states, Arizona has been a recent target in the wave of nationwide fraudulent unemployment claims. When the CARES Act passed in the spring of 2020, states were authorized to award expanded unemployment relief to persons whose jobs were impacted by the COVID-19 pandemic, including some persons who otherwise were ineligible for or had … Continue Reading

President Biden Signs Executive Order Extending Workplace Protections Against COVID-19 (US)

One of President Biden’s first acts in office was to sign an Executive Order (EO) on January 21, 2021 aimed at increasing the safety and health of U.S. workers, particularly healthcare and other essential workers, against the continuing COVID-19 pandemic. To that end, President Biden instructed the Secretary of the Department of Labor (DOL), through … Continue Reading

Federal Court Decision On WARN Act And COVID-19 Could Signal Problems For Larger Employers (US)

UPDATE: On January 21, 2021, the defendants filed a motion with the district court for permission to take an interlocutory appeal to the 11th Circuit Court of Appeals on the following question: “What causal standard is required to establish that a plant closing or mass layoff is “due to any form of natural disaster” under … Continue Reading

Stimulus Bill Extends the Availability of Student Loan Forgiveness (US)

Section 2206 of the CARES Act allowed an exclusion of up to $5,250 from an employee’s gross income, if an employer paid principal or interest on an employee’s “Qualified Education Loan”. Section 2206 of the CARES Act was only designed to be in effect for calendar year 2020. However, The Consolidated Appropriations Act, 2021 (the … Continue Reading

Stimulus Bill Extends Tax Credits for Paid Coronavirus Leave, But Not FFCRA Paid Leave Framework Itself (US)

On Monday, December 21, Congress unveiled the nearly 5,600-page text of the latest COVID-19 relief package. If signed into law by the President, the omnibus spending and stimulus relief package will provide direct cash payments to many adults in the U.S., extend unemployment benefits, reopen the Paycheck Protection Program, and provide wide-ranging rental and educational … Continue Reading

EEOC Publishes Guidance on Employer Mandatory COVID-19 Vaccination Policies (US)

Last month we discussed whether employers will be able to require employees to obtain a COVID-19 vaccine as a condition of returning to, or remaining in, the workplace. We noted at that time that the conditions for and lawfulness of mandatory vaccination policies was unclear, but that guidance was anticipated from the US Equal Employment … Continue Reading

Planning Ahead for the End (For Now) of the Families First Coronavirus Response Act (US)

Throughout 2020, we have provided updates on the adoption of the Families First Coronavirus Response Act (FFCRA), its implementing regulations, and its amended regulations. In these updates, we have noted that the FFCRA – which provides emergency paid sick leave and paid emergency family leave for certain COVID-19-related reasons to public sector employees and employees … Continue Reading

Global Guide on Employment Implications of COVID-19 Vaccination

The news that a number of COVID-19 vaccines are in the final stages of development and approval has been welcomed by employers and employees around the globe. It also has prompted a number of questions, such as whether employers can require their employees be vaccinated as part of a plan to make the workplace as … Continue Reading

CDC Updates COVID-19 Guidance to Include Alternatives to 14-Day Quarantine Recommendation (US)

Throughout the COVID-19 pandemic, the U.S. Centers for Disease Control and Prevention (CDC) has been one of the primary resources providing the public with recommendations on all aspects of the virus, and it has closely monitored the evolving science for information that would warrant reconsideration of its  recommendations. As a result of those ongoing efforts, … Continue Reading

An Update Concerning Employer Mandatory Vaccination Policies – COVID-19 (US)

With news reports emerging this week that two companies each have developed a COVID-19 vaccine that is more than 90% effective and carries few side effects, and that mass immunizations may begin as early as December 2020, when more than 20 million doses of the vaccines are predicted to be available, employers will soon confront … Continue Reading

WEBINAR – November 5 – Healthcare Employers’ COVID-19 Update: A Practical Discussion of Recent Employment Law Developments Relating to COVID-19 (US)

As part of Squire Patton Boggs’ ongoing focus on COVID-19 pandemic challenges and opportunities, on November 5, 2020 at 2:00 p.m. Eastern, William J. Kishman and Laura Lawless of the firms’ Labor & Employment Practice Group will host an hour-long discussion aimed at healthcare employers that will focus on some of the key issues that are front … Continue Reading

Remember Vacations? Considerations for Employers When Addressing Employees’ Personal Travel During COVID-19 (US)

It’s been more than six months since the COVID-19 pandemic took hold in the United States, and during this period, most of us have remained either in, or very close to, our homes. Although a second wave of infections now appears to be starting, the colder temperatures of winter, the approaching holiday season, or the … Continue Reading

People at the Centre: hard decisions in hard times but some thoughts and reassurance for HR (UK)

A recent Acas survey has reported that over a third of employers (37%) are likely to make staff redundancies in the next 3 months (see here). That is a statistic which can be a surprise to no one, except possibly that it is not higher. Often in redundancy situations, the majority of the “sympathy” quite … Continue Reading

A Timely Redux: Walking The Tightrope: Dealing With Employees’ Different Viewpoints On COVID-19, Racial Justice, and Partisan Politics (US)

In June 2020, we added a post to Employment Law Worldview addressing the complicated situation employers are in when employees express – sometime respectfully, sometimes not – different, and indeed, opposite views on COVID-19 issues (e.g., legitimate public health emergency versus hoax or “plandemic”), racial justice (“Black Lives Matter” versus “All Lives Matter”), and politics … Continue Reading

US Immigration Update: Must Be the Season of the Witch

It’s been a frenetic October and we’re still in the first week. Here is a quick summary of significant developments in U.S. Immigration just within the past few days. Federal District Court Issues Preliminary Injunction Halting Implementation of Nonimmigrant Visa Ban On October 1, 2020 Judge Jeffrey S. White of the District Court for the … Continue Reading

A Guide for Employers Considering A Mandatory Flu Vaccination Policy (US)

As if 2020 hasn’t already presented more than its fair share of challenges, flu season is now rapidly approaching. Combined with the still ongoing COVID-19 pandemic, employers are more concerned than ever before with ensuring that their employees stay healthy and productive. As a result, many employers are weighing the pros and cons of encouraging, … Continue Reading

California’s COVID-19 Sick Leave: Expanded and Articulated (US)

AB 1867 was signed into law by Governor Newsom on September 9, 2020. The purpose of the bill is to eliminate gaps in coverage so that many more employee have access to paid sick days if they are exposed to or test positive for COVID-19 in 2020. This means that the new law applies to … Continue Reading

Department of Labor Issues Updated Families First Coronavirus Response Act Regulations, But Does Little To Resolve Employer Uncertainty (US)

The Families First Coronavirus Response Act (FFCRA) was enacted on March 18, 2020. The sweeping federal legislation provides emergency paid sick leave (EPSL) and expanded paid Family and Medical Leave (EFML) to certain covered workers impacted by the COVID-19 pandemic. On April 1, 2020, the U.S. Department of Labor (DOL) issued regulations implementing the FFCRA … Continue Reading

EEOC Provides Welcome COVID-19-Related Guidance To Employers As Employees Return To The Workplace (US)

On September 8, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance concerning COVID-19 and the workplace. The update provides much-needed answers to questions that have been troubling employers struggling to adapt to circumstances presented by the still-ongoing public health emergency. Can we test employees for COVID-19 prior to allowing them back in … Continue Reading

Department of Labor Schools Parents On Leave Options During Virtual Learning (US)

We previously blogged on the myriad challenges faced by workers whose children are returning to school this fall: some online, some in-person, and some a combination of both. As we noted in our prior post, the Families First Coronavirus Response Act (FFCRA), which is effective through December 31, 2020, provides up to eighty (80) hours … Continue Reading

FLSA Compliance Update: Employers Must Exercise Reasonable Diligence In Tracking Hours Worked By Remote Workers (US)  

Due to the COVID-19 pandemic, many employers have implemented teleworking and other remote work arrangements for their employees. Because these employees are not physically present in the workplace, there has been some uncertainty surrounding what obligations employers have to under the Fair Labor Standards Act (“FLSA”) to monitor and track hours worked by non-exempt, hourly … Continue Reading
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