Laborsphere

State & Local Employment Law Developments: Q3 2020

State and local governments are increasingly regulating the workplace. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help you and your organization stay in compliance. (Please note that developments specifically related to COVID-19 are not included.) This quarter, state and local legislatures were particularly active in passing laws addressing employee classification, sexual harassment training, lactation accommodation, criminal background inquiries and a variety of unpaid and paid leaves.

For the full alert, visit the Faegre Drinker website.

Employment-Based Immigration Updates: The October Visa Bulletin and Public Charge Rule

On September 24, 2020, the U.S. Department of State (DOS) issued the highly anticipated October Visa Bulletin. October 1, 2020, marks the beginning of the U.S. government’s new fiscal year. Each year, there is a fixed number of immigrant visas available for employment-based and family-based categories. When the new fiscal year starts on October 1, a new supply of immigrant visas becomes available. Any unused family-based numbers from the prior fiscal year can be added to the employment-based visa allocations (and vice versa). This past year, family-based numbers were exceptionally low. The pandemic constrained consular operations and Presidential Proclamation 10014 suspended the issuance of immigrant visas, with limited exceptions. The DOS announced that it anticipates the FY 2021 employment-based visa numbers will hit an all-time high of 261,500.

For the full alert, visit the Faegre Drinker website.

New U.K. Job Support Scheme to Take Effect November 1

A new Job Support Scheme designed to protect jobs in businesses facing lower demand over the winter months due to the COVID-19 pandemic will take effect November 1, 2020 and last for six months, the U.K. government announced on September 24, 2020. It will replace the U.K. Coronavirus Job Retention Scheme (known as the U.K.’s furlough scheme), which will come to an end on October 31, 2020.

For the full alert, visit the Faegre Drinker website

President Trump’s ‘Executive Order on Combating Race and Sex Stereotyping’ Significantly Impacts Permitted Federal Contractors’ Workplace Diversity Training

On September 22, 2020, President Trump issued an unprecedented “Executive Order on Combating Race and Sex Stereotyping” (Order) directed to the federal workforce and federal contractors. The Order purports “to combat offensive and anti-American race and sex stereotyping and scapegoating” through a variety of measures, including significantly limiting the diversity trainings federal contractors may offer, requiring notification of applicable unions of their commitments under the Order and posting related notices in the workplace, and adding provisions to address the prohibited “race and sex stereotyping” in their subcontracts and purchase orders.

For the full alert, visit the Faegre Drinker website.

Frequently Asked Questions on COVID-19 Personal Injury Litigation

Plaintiffs’ attorneys are advertising for plaintiffs infected by COVID-19, and new COVID-19 personal injury lawsuits are being filed at a steady clip. In recent lawsuits, for example, employees and customers have sought to recover for financial and emotional damages caused by long-lasting COVID-19 symptoms and, in some cases, death. These developments suggest that companies will likely see increased personal injury litigation alleging the transmission of COVID-19. Below are some common questions and considerations about this new type of litigation.

For the full alert, visit the Faegre Drinker website

DOL Proposes New Rule Clarifying the Test for Classification of Workers

On September 22, 2020, the U.S. Department of Labor (DOL) issued a new proposed rule that would substantially simplify the test for determining whether persons are employees or independent contractors under the Fair Labor Standards Act (FLSA).

Because the FLSA does not actually define “employee,” courts have traditionally filled the void by applying an “economic realities” test that balances several factors. But in issuing a new proposed rule, the DOL noted that the current balancing test is difficult to apply, creates confusion, and is out of step with modern technology and working relationships.

For the full alert, visit the Faegre Drinker website.