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US Federal Labor Viewpoints – Week of October 11, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of October 11, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

Update Regarding US COVID-19 Travel Restrictions

As we previously posted last month, the United States is rescinding and replacing the geographic COVID-19 travel bans with new proof of vaccination requirements for all international travelers. These new requirements will pertain to those entering the U.S. via air, sea or across the land border with Canada or Mexico. As reported by numerous news … Continue Reading

EEOC Updates Guidance on COVID-19 Vaccination Incentive Programs (US)

Since the start of the pandemic, the EEOC has periodically updated its informal guidance to address emerging topics related to COVID-19, include regarding vaccination, which is top of mind for many U.S. employers. This week, the EEOC updated its informal guidance to address questions regarding COVID-19 vaccination and vaccination incentive programs. Takeaways from the updates … Continue Reading

Federal Contractors and Subcontractors: White House Clarifies New Vaccination and Safety Requirements (US)

The White House has clarified the requirements of one of the new federal measures that will require employers to ensure employees are vaccinated against COVID-19. Specifically, the White House has issued binding Guidance confirming the requirements of President Biden’s September 7 Executive Order concerning COVID safety for federal contractors and subcontractors. Although this Guidance leaves … Continue Reading

US Federal Labor Viewpoints – Week of September 13, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of September 13, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

COVID-19 Travel Bans To Be Rescinded and Replaced with Vaccination Requirements (US)

After much anticipation, the White House announced plans to rescind the geographic COVID-19 travel bans and modify restrictions on all international travelers to focus on proof of vaccination. In place of the travel bans and beginning in early November, international travelers will be required to prove they have been fully vaccinated against COVID-19, as well … Continue Reading

Ninth Circuit Panel Reinstates Restrictions on California Employment Arbitration Agreements (US)

In October 2019, California enacted a new law, AB 51, that on its face prohibits mandatory arbitration clauses in employment contracts. As expected, the law was immediately challenged in federal court. In the latest installment of the law’s journey through the courts, a split Ninth Circuit panel vacated a 2020 preliminary injunction that had forestalled … Continue Reading

US Federal Labor Viewpoints – Week of September 6, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of September 6, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

Coming Soon: Employers Required To Ensure Employees Are Vaccinated Or Regularly Tested – President Biden’s Sweeping COVID-19 Action Plan: What Employers Need to Know (US)

It has been nine months since the first person in the United States received the COVID-19 vaccine, and ever since then, employers have been weighing the pros and cons of whether to require that employees be vaccinated as a condition of employment. On September 9, 2021, President Biden narrowed the options for many employers when … Continue Reading

NLRB’s Top Attorney Signals Expansion of Remedies Against Employers (US)

The National Labor Relations Board has taken another step to expand employees’ and unions’ remedies for violations of federal labor law. On September 8, the Board’s General Counsel, Jennifer Abruzzo, issued a memo instructing Board officials to seek new and broader types of remedies in wrongful discharge cases and other situations.… Continue Reading

US Federal Labor Viewpoints – Week of August 30, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of August 30, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

US Federal Labor Viewpoints – Week of August 23, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of August 23, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

COVID-19 Vaccination Will Become Mandatory for Most Green Card Applicants (US)

According to a new policy from the U.S. Centers for Disease Control and Prevention (CDC), effective October 1, 2021, the COVID-19 vaccine is included on the list of vaccines required for applicants to obtain lawful permanent residence (aka “green card”). Under the Immigration and Nationality Act (INA), section 212(a)(1)(A)(ii), foreign nationals to be found admissible … Continue Reading

Ninth Circuit Says Favoritism Towards A Sexual or Romantic Partner Is Not Unlawful Sex Discrimination Under Title VII (US)

Workplace romances are a tale as old as time. According to a 2020 study conducted by the Society for Human Resource Management (“SHRM”) and the University of Chicago’s AmeriSpeak Panel surveying 696 American workers, 27% admitted to having romantic relationships with their work colleagues, and about 27% of those workers indicated that they dated someone … Continue Reading

US Occupational Safety and Health Administration Issues Updated COVID-19 Workplace Safety Guidance, Recommends Indoor Mask Use (US)

In the words of Yogi Berra, it feels like déjà vu all over again. With COVID-19 infections rising again throughout the country, particularly due to the rapid spread of the Delta variant strain, the US Centers for Disease Control and Prevention (CDC) issued new guidance on July 27, 2021 (i) recommending that all persons living … Continue Reading

US Federal Labor Viewpoints – Week of August 9, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of August 9, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

US Federal Labor Viewpoints – Week of July 26, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of July 26, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

Biden Administration Suggests Long-Haul COVID Illness May Constitute A Disability Under ADA (US)

On July 26, the 31st anniversary of the passage of the Americans with Disabilities Act (ADA), President Biden announced in a Rose Garden briefing that persons experiencing long-term COVID-19 symptoms may qualify as persons with disabilities under the Americans with Disabilities Act (“ADA”) and other federal statutes that protect persons with disabilities, such as Section … Continue Reading

US Federal Labor Viewpoints – Week of July 19, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of July 19, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

US Federal Labor Viewpoints – Week of July 12, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of July 12, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

No Summer Pause At The NLRB, As Changes At The Top Levels Of The Agency Are In Motion (US)

This summer has been an eventful one as far as it relates to high-level personnel matters at the National Labor Relations Board’s headquarters in Washington, D.C. Developments in the Office of the General Counsel As one of his first acts on Inauguration Day, President Biden fired Peter Robb, the Senate-confirmed General Counsel of the National … Continue Reading

California Becomes More Expensive for Employers: Meal and Rest Break Premiums Now Track Overtime and Must be Paid at the Regular Rate of Pay, Retroactively (US)

Issuing the California Supreme Court’s decision in a much anticipated case, Justice Liu on behalf of a unanimous court explained in Ferra v. Loews Hollywood Hotel, LLC that “[t]he calculation of premium pay for a noncompliant meal, rest, or recovery period, like the calculation of overtime pay, must account for not only hourly wages but … Continue Reading

US Federal Labor Viewpoints – Week of July 5, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of July 5, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

US Federal Labor Viewpoints – Week of June 28, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of June 28, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading
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