New NLRB Leader Identifies Possible Changes

Employers who have watched the National Labor Relations Board — the nation’s primary enforcer of labor law — over the years anticipate that it will reshuffle its priorities soon after the White House changes parties. The agency swore in Jennifer Abruzzo as its new general counsel on July 22, 2021; and three weeks later, Abruzzo released an internal memorandum that is a blueprint for changes to the law she would like to see the agency implement.

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Philadelphia Reintroduces Mask Requirements in Response to Delta Variant Concerns

On August 11, 2021, the City of Philadelphia announced that in order to curb the spread of the Delta variant of COVID-19, it would be reintroducing certain mask requirements throughout the city.

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Amendments to Minnesota’s Workforce and Equal Pay Certificate Requirements

On July 1, 2021, the following revisions and updates were implemented to Minnesota law governing workforce and equal pay certificates, which are required for state contractors:

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President Biden Announces COVID-19 Vaccine Attestation Requirement for Federal Employees and Onsite Contractors

On July 29, 2021, the Biden administration announced that federal employees and onsite contractors must attest to being fully vaccinated against COVID-19 or they will be required to wear a mask on the job and physically distance, comply with at least a weekly screening testing requirement, and restrict official travel. Private employers are encouraged to adopt similar safety protocols; such protocols will likely be required for federal contractors. Specifically, President Biden noted in his remarks that he was “directing [his] administration to take steps to apply similar standards to all federal contractors. If you want to do business with the federal government, get your workers vaccinated.”

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An Employee Whose Individual Claims Are Time-Barred Can Still Pursue a PAGA Action

On July 21, 2021, the California Court of Appeal, Fourth Appellate District, held in Johnson v. Maxim Healthcare Services, Inc., that an aggrieved employee whose individual claim was time-barred had standing to pursue a representative claim under the Private Attorney General Act of 2004 (PAGA) on behalf of other allegedly aggrieved employees. The court’s decision was based on its interpretation of the California Supreme Court’s 2020 ruling in Kim v. Reins, wherein the high court held an aggrieved employee who settled his individual claims nonetheless had standing to maintain a representative PAGA action. This decision is poised to have a significant impact on all employers in California by expanding the scope of individuals with standing to bring a PAGA action.

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Global Neurodiversity: A Workplace Primer on Attracting and Retaining Neurodiverse Talent

Neurodiversity is the inherent differences in neurological structure and function. The term encompasses neurocognitive differences such as autism, attention deficit hyperactivity disorder (ADHD), dyslexia, Tourette’s syndrome, anxiety, obsessive-compulsive disorder, depression, intellectual disability and schizophrenia. Although most governments do not provide neurodiverse individuals with the support necessary to enter and remain in the workforce, multinational employers are becoming aware of the benefits of having a neurodiverse workplace and are developing hiring and retention initiatives to support neurodiverse applicants and employees.

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