Laborsphere

Preview of Things to Come? Lawsuit Challenges Employer COVID-19 Vaccine Mandate

Access to COVID-19 vaccines continues to expand in the United States and employers are navigating many questions surrounding employee vaccination and return to work. Current polling shows a substantial number of American workers are hesitant about or may refuse to be vaccinated against COVID-19. Now, an employee in New Mexico has filed what appears to be one of the first lawsuits opposing an employer’s vaccination mandate.

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OFCCP Updates FY 2020 Supply & Service Pre-audit Scheduling List

Today, the Office of Federal Contract Compliance Programs (OFCCP) announced updates to its Fiscal Year (FY) 2020 Supply and Service Scheduling List by removing establishments previously selected for a focused review or compliance check. The amendment will have no impact on contractors with open or unscheduled audits. Remaining selected contractors should start reviewing their compliance efforts to reduce the risk of noncompliance findings.

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Travel Bans and Quarantine Hotels: Traveling to the U.K. During COVID-19

Those contemplating travel to the U.K. should be cognizant of new border policies and restrictions implemented earlier this month. In this episode, Faegre Drinker’s Hodon Anastasi answers questions regarding the U.K. government’s latest actions concerning COVID-19, including:

Under what circumstances will travellers be expected to stay in government-controlled quarantine hotels? How long will they be expected to quarantine? Who is exempt from this policy?
What documents should travellers be expected to produce upon arrival to the U.K.?
What are the penalties for breaching new border policies?
Do these rules apply for visa holders? Under the present circumstances, is it worth applying for a U.K. visa?

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New York City Council Imposes Stricter Discipline Requirements on Fast Food Employers

In an expansion of the Fair Workweek Law, the New York City Council has passed legislation permitting quick-service restaurant employers to terminate employees only for just cause or a bona fide economic reason. These heightened requirements effectively eliminate the at-will status of industry employees and create a discipline structure similar to that bargained for by unionized workforces. With the new protections set to take effect in July, employers should begin drafting and implementing policies to comply with the new laws as soon as practicable.

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Minnesota Supreme Court Rules That Handbook Policies Can Be Contractual Notwithstanding Disclaimer

On February 3, 2021, the Minnesota Supreme Court decided Hall v. City of Plainview, holding that a general contract disclaimer in an employee handbook did not, as a matter of law, nullify a breach of contract claim with respect to a paid time off (PTO) policy within the handbook. As the Hall Court explained, the PTO policy at issue was sufficiently detailed to create a unilateral employment contract such that the employer would be obligated to follow its terms. The decision reminds employers of the importance of careful planning and drafting when it comes to their PTO policies. In light of the Court’s holding, employers should also review their handbooks for other policies and procedures that could be construed as contracts.

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NLRB General Counsel Rescinds Trump-era Memos, Signaling Shift Toward New Policy Objectives

Signaling the beginning of what likely will be a major policy shift, Peter Ohr, acting General Counsel of the National Labor Relations Board, revoked 12 administrative guidance memoranda issued by his predecessor, Peter Robb. Both union and nonunion employers should keep a close eye on further action by Ohr.

For the full alert, visit the Faegre Drinker website.