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Labor and Employment
Federal Court in Texas Rules Employers Can Require Employees to Get Vaccinated
As anticipated, the litigation regarding COVID-19 vaccinations is beginning. In Jennifer Bridges, et al. v. The Methodist Hospital d/b/a the Methodist Hospital System, et al.,1 the U.S. District Court for the Southern District of Texas ruled that the hospital system in Houston could require its…
COVID-19 Vaccinations: Employer Incentives and Other New Guidance from the EEOC
The EEOC recently updated its guidance on vaccine administration and included guidance on what employers can require or ask, what accommodations must be considered, and what incentives can be provided. As you update your organization’s vaccine requirements, it is important to ensure your…
Changes to Illinois’ Background Check Compliance: What Happens When an Applicant Fails their Background Check?
The laws regarding pre-employment background checks are complicated and Illinois’ new amendments to the Illinois Human Rights Act has just added to background check requirements. On March 23, 2021, Governor Pritzker signed into law new requirements for background checks in Illinois that take effect…
“Leave” It to the Employer: American Rescue Plan Act Provides Covered Employers with Option to Continue Employee Paid Leave under FFCRA, with Certain Changes
On March 11, 2021, Congress passed the American Rescue Plan Act (“ARPA”), the third piece of legislation providing comprehensive relief to Americans for COVID-19 related issues. For covered employers that elect to continue providing COVID-19 related paid leave, ARPA extends and expands certain paid…
Can Employers Incentivize Employees to Get the COVID-19 Vaccine?
A year ago, many employers did not know the variety of questions that would arise during the COVID-19 pandemic concerning their workplaces and employees. But here we are, and the questions and issues continue. As vaccines become more readily available, one question at the forefront is whether…
DOL Proposes Withdrawing Independent Contractor Status and Joint Employer Final Rules
On March 11, 2021, the U.S. Department of Labor (DOL) announced two proposed withdrawals of previously issued rules,1 including those (i) for evaluating an individual’s independent contractor status, and (ii) narrowing the definition of joint employer. The DOL’s stated reasoning for issuing the…
It is Time to Consider Revising Your Employee Non-Solicitation Provisions
Employment agreements frequently contain restrictions that disallow a departing employee from soliciting former employees and co-workers to join the employee’s new employer. These restrictions are also referred to as “non-poaching” employee restrictions.
Restrictions of this type have generally…
How to Identify and Curb Employee Abuse of Emergency Paid Sick Leave and Expanded Family Medical Leave and Still Comply With the FFRCA
Employers have spent much of 2020 figuring out how to administer and comply with the Families First Coronavirus Response Act (“FFCRA”) and its two leave provisions: Emergency Paid Sick Leave (“EPSL”) and Expanded Family Medical Leave (“EFML”). In the midst of all of these changes, employers likely…
Key Considerations for Employers as Additional States Legalize Marijuana
For marijuana legalization, the 2020 election brought significant results with five states legalizing marijuana for recreational use, medicinal use, or both. Although marijuana use remains illegal on a federal scale, there are now 34 states that permit marijuana use in some form, and many other…
What’s on Biden’s Wish List for Employment Reform?
Joe Biden campaigned on worker-friendly reforms, many of which require legislative action and Senate cooperation. But even if the Georgia runoffs leave Republicans in control of the Senate, the Biden Administration can unilaterally and dramatically impact employment policy through executive…
Time to Tidy Up Remote Work Policies as Work from Home Arrangements Likely to Continue
2020 has been challenging for everyone with unique challenges arising in the workplace and impacting employers and employees alike. Remote work arrangements and compliance with the Fair Labor Standards Act (“FLSA”) have not made matters easier. With remote work likely to continue in 2021, it is a…