State & Local Employment Law Developments: Q4 2020

On January 1, a number of new and revised state and local workplace regulations went into effect, including requirements related to the legalization of recreational marijuana. This update reviews these new requirements to help you and your organization stay in compliance.

For the full alert, visit the Faegre Drinker website.

Federal District Court Issues Nationwide Temporary Ban on Executive Order 13950

Last week, the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction banning the enforcement of Sections 4 and 5 of Executive Order 13950, a controversial federal directive purportedly enacted “to combat offensive and anti-American race and sex stereotyping and scapegoating” by prohibiting federal contractors and grantees from inculcating such views in their diversity and inclusion workplace trainings. While the preliminary injunction represents a significant win for the government contracting community, it is not a permanent injunction. It remains to be seen whether the government will appeal the order, or whether the incoming Biden administration will rescind the Executive Order in its entirety.

For the full alert, visit the Faegre Drinker website.

CDC: All Air Passengers Traveling From the U.K. to the U.S. Must Have Proof of a Negative COVID-19 Test

In a bid to help contain the new coronavirus strain found in the U.K., the Centers for Disease Control and Prevention (CDC) issued an order requiring proof of a pre-departure, negative COVID-19 test result for all airline passengers — including U.S. citizens and lawful permanent residents — traveling from the U.K. to the U.S. The order officially went into effect on December 27, 2020.

For the full alert, visit the Faegre Drinker website.

EEOC Guidance Regarding COVID-19 Vaccinations

Last week, the United States Equal Employment Opportunity Commission (EEOC) firmed up its guidance to employers regarding mandatory COVID-19 vaccinations. Subject to certain restrictions and potential accommodation requests, the EEOC’s position is that employers may require employees to be vaccinated before returning to the workplace. Still, employers considering administering the vaccine, either directly or through a third party, should proceed with caution.

For the full alert, visit the Faegre Drinker website.

The Final Countdown: The Clock Is Ticking for Brexit

After years of negotiation and preparation, free movement between the United Kingdom and the European Union will end from 31 December 2020. In this episode, Faegre Drinker’s Hodon Anastasi provides a high-level overview of how post-Brexit immigration control policies will impact those accustomed to traveling between the U.K. and the European Economic Area (EEA), including:

  • What will U.K. nationals need in order to travel to EU Member States and the Schengen travel area? What restrictions and border requirements will they face?
  • What does the end of free movement mean to EEA nationals traveling to or residing in the U.K.? Does Brexit impact citizens with Settled or Pre-Settled Status?

The Faegre Drinker Immigration Law Podcast is a podcast all about immigration and only about immigration. Each episode will tackle a timely topic in immigration law, with the aim of making these complicated and often misunderstood issues less daunting, more accessible, and maybe even a little fun. Tune in for future episodes on the latest news, developments and challenges in the world of immigration law — and thank you for listening!

OFCCP Issues Last Directive Under CERT Principles for OFCCP Policies and Practices

When the Office of Federal Contract Compliance Programs (OFCCP) first adopted the Certainty, Efficiency, Recognition and Transparency (CERT) principles, the agency’s aim was simple: Improve governance and help the federal contracting community better understand their obligations. With the December 15 release of the Certainty Directive — the fourth and final directive under the CERT principles — the OFCCP has established a process to ensure clarity, which commits the agency to ongoing review and clarification of its policies and practices.

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