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Oliver R. Katz, Brooke T. Iley, and Jason E. Reisman With COVID-19 surging once again across the United States, yesterday, September 9, 2021, President Joe Biden announced a six-part plan for tackling the rising number of COVID-19 cases throughout the country. President Biden’s announcement includes a mandate that large employers require vaccines or weekly COVID-19 … Continue reading “President Biden Announces Sweeping New Requirements Aimed at Combatting the Surging COVID-19 Delta Variant”
Nikki D. Kessling Effective September 1, 2021, new provisions in the Texas Commission on Human Rights Act (“TCHRA”) provide greater protections and remedies for employees alleging sexual harassment. Key changes include the following: The new provisions set a heightened standard for an employer’s response to a sexual harassment complaint. An employer now “commits an unlawful employment … Continue reading “Texas Expands Employer—and Individual—Liability for Sexual Harassment Claims”
Daniel L. Morgan  As we explained in our April 16, 2021, post, the American Rescue Plan Act of 2021 (“ARPA”) requires employers to subsidize the cost of Consolidated Omnibus Budget Reconciliation Act (“COBRA”) continuation coverage and state mini-COBRA coverage, if COBRA doesn’t apply, for qualified beneficiaries who become eligible for and elect COBRA (or a … Continue reading “As If Employers Didn’t Have Enough to Worry About, Don’t Skip the ARPA Cobra Subsidy Expiration Notice”
Daniel L. Morgan and Kevin M. Passerini Earlier this year, Washington, D.C.’s mayor signed legislation, the “Ban on Non-Compete Agreements Amendment Act of 2020” (the “Act”), which imposes sweeping limitations on during-employment and post-employment non-compete agreements for employees in the District of Columbia. We previously reported on this legislation.            Although the Act stated that it … Continue reading “D.C. Moves Back Applicability Date of New Non-Compete Law”
Meal and Rest Period Premiums Must Include All “Non-Discretionary Payments” and Not Just Hourly Wages Michael L. Ludwig If an employer does not provide an employee with a compliant meal or rest period, Labor Code section 226.7(c) requires the employer to “pay the employee one additional hour of pay at the employee’s regular rate of … Continue reading “California Supreme Court Requires That All Non-Discretionary Payments Must Be Included in Meal and Rest Period Premiums”
William J. Anthony New York recently amended its Health and Essential Rights Act (“HERO Act”) and published its “Model Airborne Infectious Disease Exposure Prevention Plan.” While the Model Plan specifies that there is currently no airborne infectious disease outbreak, the HERO Act requires New York employers to take steps now to comply with the statute. … Continue reading “New York’s HERO Act: What Employers Need to Know; What Employers Need to Do Right Now”
Jason E. Reisman As reported by the Pennsylvania Chamber of Business and Industry (see here), the planned significant increases to the salary threshold for exempt executive, administrative, and professional (“EAP”) employees under the Pennsylvania Minimum Wage Act (“PMWA”) will not go into place this fall. As you may recall (see our blog post here), last … Continue reading “Happy 4th of July, PA Employers! Budget Deal Skewers Planned Overtime Pay Expansion”
Stephanie Gantman Kaplan and Jessie Chen* On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) released its COVID-19 Emergency Temporary Standard (ETS) which outlines new requirements for most healthcare settings, along with guidance for non-healthcare employers. This post addresses OSHA’s guidance for non-healthcare employers. While employers were expecting more definitive directives from the … Continue reading “OSHA’s COVID-19 Update—Only Guidelines for Most Employers”
Daniel L. Morgan The Consolidated Omnibus Budget Reconciliation Act (“COBRA”) requires group health plans to allow qualified beneficiaries who would otherwise lose coverage due to certain events to elect to continue coverage under the plans by paying a monthly premium of up to 102 percent of the plan’s cost of providing the coverage. Qualified beneficiaries … Continue reading “Employers Need to Gear Up for ARPA’s COBRA Subsidy”
Blair A. Gerold On March 23, 2021, Illinois amended the state’s Equal Pay Act of 2003 to include additional reporting requirements targeted at identifying gender and racial pay disparities. Under the newly enacted Section 11 of the Equal Pay Act, any private employer with more than 100 employees in Illinois must obtain an “equal pay … Continue reading “With an Eye Towards Pay Equity Illinois Enters the Wage Data Collection Game”