On September 9, 2021, President Biden announced his six-pronged COVID-19 Action Plan, which will have a significant impact on employers across the country by mandating vaccinations for many employees. Many key details — including what exemptions may apply to mandatory vaccinations — remain unknown until additional federal guidance is provided in the upcoming weeks.”
Continue reading “President Biden’s COVID-19 Action Plan Mandates Vaccines for Many Employees”
In late April 2021, the Department of Labor’s (DOL) Office of Labor-Management Standards (OLMS) signaled its intent to revisit the “Persuader Rule” — an Obama-era regulation that imposes strict reporting requirements on employers facing organization. Although the Persuader Rule has not yet been reinstated, and will almost certainly face significant opposition, employers should be aware of the possible ramifications of the regulation.
Continue reading “DOL Mulls Return to Obama-Era “Persuader” Reporting Rule”
Immigration updates from the end of the Trump administration include USCIS’s final rule modifying the H-1B cap selection process, DOL’s final rule on computation of prevailing wage levels, and executive orders extending immigration restrictions and terminating some travel restrictions — all of which may be changed by litigation or the Biden administration. It is also time to start planning for the FY2022 H-1B cap season.
For the full alert, visit the Faegre Drinker website.
The controversy surrounding President Trump’s “Executive Order on Combating Race and Sex Stereotyping” continues to snowball. After the U.S. Chamber of Commerce and 150-plus business organizations sent a letter to the president contesting the Order and requesting that it be withdrawn, NAACP attorneys took contractor objections a step further, launching a class action lawsuit on behalf of the National Urban League, the National Fair Housing Alliance and others similarly situated. Filed on October 29, 2020, the suit called the Order “an extraordinary and unprecedented act by the Trump Administration to undermine efforts to foster diversity and inclusion in the workplace” and further challenged the federal directive on constitutional grounds.
For the full alert, visit the Faegre Drinker website.
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.
The Department of Labor (DOL) issued revisions to its Families First Coronavirus Response Act (FFCRA) paid leave rules on Friday, in response to a New York federal court ruling that struck down portions of the original rule issued in April. FFCRA, enacted by Congress in March as a stimulus measure, provides eligible workers for up to two weeks of paid leave, subject to caps, for certain coronavirus-related absences, and up to an additional 10 weeks of paid leave to care for children who are at home due to school or day care closures. The rule updates are scheduled to go into effect September 16.
For the full alert, visit the Faegre Drinker website.