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Category: Legal Insights

Posted July 8, 2021 with Tags , ,

Presidential Executive Order Targets Non-Compete Agreements

On July 8, 2021, President Biden announced that he would issue an Executive Order (EO) calling on the Federal Trade Commission (FTC) to adopt rules curtailing the use of non-compete agreements. While the announcement offers few details so far, questions remain about the FTC’s legal authority to regulate non-competes in the manner sought by President Biden.

Newsroom image for the post Validity of National Interest Exceptions Extended to 12 Months and Multiple Entries for Travelers from Certain Countries

Posted July 7, 2021 with Tags ,

Validity of National Interest Exceptions Extended to 12 Months and Multiple Entries for Travelers from Certain Countries

On June 29, 2021, the U.S. Department of State extended the validity of NIEs for travelers from China, Iran, Brazil, South Africa, the Schengen Area, the United Kingdom, Ireland, and India. This extension applies to NIEs granted in the last 12 months). Under the new policy, NIEs will be valid for 12 months from the date of approval and for multiple entries, so long as the NIE is used for the purpose stated in the original approval.

Newsroom image for the post OSHA Issues First Federal COVID-19 Standard for Healthcare Employees and Updates Guidelines Protecting Spread of COVID-19

Posted June 15, 2021 with Tags ,

OSHA Issues First Federal COVID-19 Standard for Healthcare Employees and Updates Guidelines Protecting Spread of COVID-19

On June 10, 2021, OSHA issued an Emergency Temporary Standard (“ETS”) to ensure uniform protection for employees within the healthcare industry from exposure to COVID-19. The ETS is effective immediately upon publication in the Federal Register. Employers must comply with most provisions within 14 days, and with provisions involving physical barriers, ventilation, and training within 30 days.

Newsroom image for the post Pay Equity and the Pandemic: A Primer for Higher Ed

Posted May 24, 2021 with Tags

Pay Equity and the Pandemic: A Primer for Higher Ed

After a year unlike any other, colleges and universities are grappling with historical challenges. While adjusting to reduced attendance, converting to online programming, and ensuring a healthy and safe environment, many higher education institutions operated with significant budget shortfalls. The resulting furloughs, layoffs, and work reductions may add a wrinkle—pay equity complaints. 

Newsroom image for the post Illinois Adopts New Equal Pay Requirements

Posted May 24, 2021 with Tags

Illinois Adopts New Equal Pay Requirements

Many states across the country have adopted new or revised equal pay laws in an effort to address pay inequities in the workplace. Illinois joined that list with March 22, 2021 amendments to the Illinois Equal Pay Act of 2003 and Illinois Business Corporation Act, which took immediate effect. The amendments require employers to assemble, submit, and, in some cases, even publish demographic and pay equity data. 

Newsroom image for the post Biden Administration Pushes New Federal Equal Pay Requirements

Posted May 24, 2021 with Tags

Biden Administration Pushes New Federal Equal Pay Requirements

During the Trump Administration, equal pay advocates focused their attention on legislative and regulatory changes at the state and local levels. These advocates believed change was impossible at the federal level. Still, they successfully convinced states to revise their equal pay statutes and enhance state-level protections against pay inequities. However, with the changing of the White House, pay equity advocates have refocused their attention back on the federal government.

Newsroom image for the post Pay Equity Advocates Leverage Shareholder Derivative Lawsuits To Drive Pay Equity Efforts

Posted April 5, 2021 with Tags , ,

Pay Equity Advocates Leverage Shareholder Derivative Lawsuits To Drive Pay Equity Efforts

Pay equity advocates have used a variety of mechanisms to pressure employers to prioritize pay equity in the workplace. These efforts include shareholder resolutions regarding pay equity, threats of divestiture, and public campaigns against particular employers. Recently, pay equity advocates have unveiled a new tactic to enhance pressure on public corporations to prioritize pay equity: failure to comply with their own pay equity promises. These lawsuits signal a new front in the activist war against perceived pay inequities.

Posted March 26, 2021 with Tags ,

California’s New Supplemental Paid Sick Leave for COVID-19

California recently passed new legislation that will require employers to provide their California employees with up to 80 hours of supplemental paid sick leave for various COVID-19-related reasons. Sound familiar? There are some similarities between the new law and the 2020 COVID-19 supplemental paid sick law, but the differences are significant for many employers. We’ve put together key takeaways for you to consider before the law becomes effective on Monday, March 29, 2021.

Newsroom image for the post Business Travelers and Nonimmigrant Workers Face New Challenges

Posted March 3, 2021 with Tags ,

Business Travelers and Nonimmigrant Workers Face New Challenges

On March 2, 2021, the U.S. Department of State announced unexpectedly that, effective immediately, it has rescinded a previous policy on categories of business travelers and nonimmigrant workers eligible for National Interest Exceptions (NIEs) to Presidential Proclamation 10143, which restricts travel from the European Schengen Area, the United Kingdom, and Ireland.  The new policy will indeed make it more difficult for business travelers and nonimmigrant workers to obtain permission to travel to the United States.

Newsroom image for the post Resurrecting EEO-1 Component 2: California Mandates Pay Data Reporting by March 31

Posted March 3, 2021 with Tags

Resurrecting EEO-1 Component 2: California Mandates Pay Data Reporting by March 31

As part of its continuing efforts to combat pay discrimination, California enacted a new pay data reporting law at the end of 2020. The law requires certain employers to submit annual reports to the California Department of Fair Employment and Housing (DFEH), detailing their California employees’ yearly compensation and hours worked based on job category, race, ethnicity, and gender classifications. Pay data reports for the 2020 reporting year are due on March 31, 2021. Employers who will be subject to these reporting requirements should ensure they understand and collect the information needed to complete the report on time.

Newsroom image for the post EEOC and DFEH Using EEO-1 Pay Data to Find Intersectional or Gender-Plus Claims

Posted March 3, 2021 with Tags

EEOC and DFEH Using EEO-1 Pay Data to Find Intersectional or Gender-Plus Claims

Employers that provided EEO-1 Component Two pay data to the Equal Employment Opportunity Commission (EEOC), or are currently preparing to provide data to the California Department of Fair Employment and Housing (DFEH) as part of California’s new pay data reporting requirement, are doubtless interested in learning how the agencies will use the data. One likely answer is that the EEOC and DFEH will use employer’s data to identify instances of “intersectional” pay discrimination. That is, claims of pay discrimination that involve the combination of two or more protected classes (such as race and gender), which are also commonly referred to as “gender-plus” claims (e.g., gender-plus-race).

Newsroom image for the post FAQs for Employers: Minneapolis’ Right to Recall Ordinance

Posted February 26, 2021 with Tags ,

FAQs for Employers: Minneapolis’ Right to Recall Ordinance

Minneapolis employers in the hospitality industry will likely soon have to contend with a new set of worker protection laws. The Minneapolis City Council is currently considering a citywide Hospitality Worker Right to Recall Ordinance, which would require employers to rehire workers previously terminated due to the Coronavirus pandemic. If adopted, the Ordinance will go into effect on May 1, 2021. Meanwhile, the Minnesota Legislature is considering a similar right to recall law, which would apply statewide to a larger group of employers.

Newsroom image for the post Not Biden His Time: Biden Administration Announces Intentions to Make Immigration Reform a Top Administrative Priority

Posted January 26, 2021 with Tags , ,

Not Biden His Time: Biden Administration Announces Intentions to Make Immigration Reform a Top Administrative Priority

Immediately after President Joe Biden took office, his administration unveiled a series of Executive Actions and legislative proposals designed to signal its top priorities. The actions taken within his first week include reversing Executive Orders issued by the Trump Administration, withdrawing certain pending regulations, delaying the implementation of regulations made by the Trump Administration post-election, and pushing forward a legislative overhaul of the current immigration system. These actions and proposals signal that modernizing the current immigration system will be one of the top priorities of the new administration.

Newsroom image for the post Employer Incentivization of COVID-19 Vaccination

Posted January 19, 2021 with Tags ,

Employer Incentivization of COVID-19 Vaccination

Many employers are seeking ways to encourage their employees to get vaccinated for COVID-19. For those wishing to stop short of making it mandatory, incentivizing voluntary vaccination is an option, but one that comes with its own set of potential legal pitfalls employers should be aware of.

Newsroom image for the post Backlog to the Future: Lingering Questions about the Employment-Based Immigrant Visa Wait Times Under H.R. 1044/S. 386

Posted December 16, 2020 with Tags ,

Backlog to the Future: Lingering Questions about the Employment-Based Immigrant Visa Wait Times Under H.R. 1044/S. 386

As currently drafted, the bills would eliminate the 7% per-country ceiling for all employment-based visa categories by October 1, 2022. However, the bill would not eliminate the numerical cap for immigrant visas that could be issued per year. Instead, it would distribute the backlog across all countries by changing the visa allocation process to be a first-come, first-served process.

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