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…
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…
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…
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…
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…
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…
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…
“Daddy changed the world!” – Gianna Floyd, daughter of George Floyd
This year has been a study in contrasts in so many aspects of life, including with respect to diversity, equity and inclusion (“DEI”) initiatives within the workplace. By any measure, the community conversation surrounding racial…
From the COVID-19 pandemic to the election, a lot has happened in 2020. For employers, staying up to date on developments has become a full-time job. To alleviate some of the burden with staying up to date, this article is one of a two-part series that highlights key employment law cases that may…
Governor Holcomb recently published Executive Order 20-50 (the “Executive Order”) continuing “county-based measures and restrictions based on the impact and spread” of COVID-19 from prior Executive Orders. For Hoosier businesses and employers, COVID-19 safety plans are required and must reflect…
U.S. employers are increasingly considering whether they can and should mandate that their employees receive a COVID-19 vaccination. To be sure, these are two very different issues. One is a legal question and the other a business decision that considers the additional issues of employee morale,…
The Centers for Disease Control and Prevention (“CDC”) made two key changes to its recommendations concerning COVID-19 on October 21, 2020 and December 2, 2020. These changes impact when an individual is required to quarantine after coming into “close contact” with someone who had COVID-19 and…
