Insights

On this past Friday, April 9, President Biden announced his intent to nominate Doug Parker, the current chief occupational safety and health regulator in California, to serve as the United States Department of Labor’s Assistant Secretary for Occupational Safety and...

Federal courts, most notably the Ninth Circuit Court of Appeals, have recently taken an increasingly hyper-technical view of employer obligations under the Fair Credit Reporting Act (FCRA) in conducting applicant background checks, including criminal background checks. The result has been...

Yesterday, March 2, 2021, the Governor of Texas, Greg Abbott, issued an order lifting his previously-imposed face covering mandate effective March 10. The order also removes certain other COVID-19 mitigation requirements previously implemented by the Governor. Under his order, the...

Just over a week after President Joe Biden, by executive order, instructed the Occupational Safety and Health Administration to publish revised guidance to employers on worker safety during the COVID-19 pandemic, the agency complied on Jan. 29, with the issuance...

Just eight days after President Biden ordered OSHA to publish “revised guidance to employers on workplace safety during the COVID-19 pandemic,” the agency complied this past Friday, January 29, with the release of a 12-page document which the Department of...

As COVID-19 vaccines become available to broader groups during winter and spring 2021, employers are considering how they can encourage employees to get vaccinated. While the Equal Employment Opportunity Commission (EEOC) has stated that employers may require that employees get...

Yesterday, the United States Court of Appeals for the Fifth Circuit rejected the commonly used and admittedly lenient Lusardi framework for Fair Labor Standards Act (FLSA) conditional certification and set a new framework for courts to determine whether and to...

With one pharmaceutical company already receiving emergency use authorization for its COVID-19 vaccine, and a second drug maker apparently on the cusp of receiving authorization, employers, eager to return to normal business operations, are considering whether they can require that...

As Election Day approaches, employers nationwide consider the changes that may come with a victory by Senator Joseph Biden in the Presidential race and/or shift in representation in the U.S. Senate. While we cannot be certain of what the future...

In a time where employers face scrutiny with respect to the obligation to provide a safe working environment, the approval of a COVID-19 vaccine is certain to present employers with difficult decisions regarding workplace policies. Please join partners Becky Baker...

On August 28, 2020, the IRS issued Notice 2020-65 (the “Notice”) to provide guidance with respect to the Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster, issued by President Trump to the Secretary of the...

A Gallup survey released earlier this month indicates that more than one in three Americans, specifically 35 percent, intend to decline to have any COVID-19 vaccine that ultimately is approved by the FDA — even if offered free of cost...

Educational institutions across the nation are grappling with decisions on returning teachers, staff and administrators to work for the academic year 2020-2021 in the midst of the COVID-19 pandemic. Each institution must consider a myriad of factors to decide when...

On June 22, 2020, President Donald Trump issued a proclamation extending and expanding existing restrictions on visas to enter the U.S. The White House also released a factsheet in connection with the proclamation, and that document argues that additional restrictions...

Today, June 15, 2020, the Supreme Court of the United States issued a landmark decision in Bostock v. Clayton County, Georgia, holding that Title VII of the Civil Rights Act of 1964 (“Title VII”) protects lesbian, gay, bisexual, and transgender...