Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Ogletree Deakins is a leading national law firm specializing in labor and employment. The firm blogs on workplace regulations and labor law updates.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Blogs

Latest from Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Over the last year, many employers have responded internally and externally to issues raised by an increasing number of social justice movements. In this podcast, Randle Pollard and Simone Francis address the concerns and considerations that may arise when employers engage in social justice conversations, including the possible implications for tax incentives and employee engagement.…
In this episode of our TECHPLACETM Talk series, Danielle Ochs and Jenn Betts are joined by Colleen DeRosa, Stephen Riga, and Justin Tarka to address new guidance relating to employer use of artificial intelligence. In particular, the speakers discuss the Federal Trade Commission’s (FTC) recent guidance in the United States and the European Commission’s proposal for the Artificial Intelligence Act.…
On May 21, 2021, the Occupational Safety and Health Administration (OSHA) revoked recent enforcement guidance issued to clarify the recordability of situations where employees suffered adverse side effects from a COVID-19 vaccination. The original guidance, in a nutshell, states that if an employer requires its employees to be vaccinated as a condition of employment, the adverse reaction is recordable, if it meets the definition of a “new case” under 29 C.F.R. 1904.6 and otherwise meets…
On May 24, 2021, the Ministry of Labor and Social Welfare (Secretaría del Trabajo y Previsión Social) (STPS) published guidance under the recently amended Mexican Labor Law in the Official Gazette of the Federation clarifying the outsourcing registration requirements for individuals and entities that provide subcontracting services. The amendment generally prohibits employers from subcontracting or outsourcing personnel, but includes carve-outs and exceptions under limited circumstances. The following provides a basic overview of the STPS outsourcing…
On May 24, 2021, Michigan Governor Gretchen Whitmer announced important changes to the Michigan Occupational Safety and Health Administration’s (MIOSHA) emergency COVID-19 rules, “Emergency Rules for Coronavirus Disease 2019.” Governor Whitmer also announced that the draft permanent MIOSHA COVID-19 rules have been rescinded in their entirety, and the public hearing to discuss those rules scheduled for May 26, 2021, has been canceled. The updated emergency rules, which take effect on May 24, 2021, and…
On May 5, 2021, New York Governor Andrew Cuomo signed the New York Health and Essential Rights Act (NY HERO Act), which mandates extensive new workplace health and safety protections for all airborne infectious diseases. This action was quickly followed by the New York State Assembly’s May 10, 2021, and the New York State Senate’s May 14, 2021, introduction of identical bills to amend certain provisions of the NY HERO Act. If enacted, this…
On April 21, 2021, Virginia Governor Ralph Northam signed into law House Bill No. 2312 and Senate Bill No. 1406, moving the date of recreational marijuana legalization in Virginia up to July 1, 2021. The legalization movement, which has increased in momentum in the Commonwealth since Democrats gained a majority in the legislature, culminated in February 2021, when the General Assembly passed recreational legalization measures with an effective date of January 2024. The substance…
The American Rescue Plan Act of 2021 (ARPA) implemented a 100 percent COBRA subsidy for certain qualified beneficiaries beginning on April 1, 2021, and ending September 30, 2021. On May 18, 2021, more than a month into the subsidy period, the Internal Revenue Service (IRS) released Notice 2021-31. This guidance, provided in the form of questions and answers (Q&As)—86 Q&As!—addresses issues of interest to employers, including issues related to reporting the Medicare tax credit…
Twenty-two of 27 Republican-led states have announced that they will end enhanced federal COVID-19 unemployment benefits early. Of those, four (Arizona, Montana, New Hampshire, and Oklahoma) will offer additional monetary incentives for individuals to return to work. To date, no state with a Democratic governor has chosen to opt out of the COVID-19–related enhanced federal unemployment programs. As noted in part one of this unemployment insurance system update series, President Joe Biden has proposed to…
On May 18, 2021, the Oregon Health Authority (OHA) issued a new guidance titled, “Interim Guidance for Fully Vaccinated Individuals,” adjusting the applicability and enforcement of current state guidance for fully vaccinated individuals. Here are the key provisions of the new interim guidance. Applicability The interim guidance applies to “[f]ully vaccinated individuals in Oregon regarding requirements to wear masks, face coverings and face shields and physically distance.” Individuals are considered fully vaccinated when…