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HR Defense

Broad Vaccine Mandates Ahead

By Melissa L. Cizmorris, Elizabeth F. Hodge & Lillian Chaves Moon

September 14, 2021

Private employers with 100 or more employees will be required to ensure their employees are either “fully vaccinated” or provide proof of a negative COVID-19 test at least once a week, under President Biden’s new six-prong COVID-19 Action Plan (the “Plan”) announced September 9, 2021. The Plan also includes vaccination requirements for employees of healthcare facilities receiving Medicare or Medicaid reimbursements, federal employees and contractors, and certain schools and programs.…

HR Defense

Deadline Triggered as COBRA Premium Subsidy Ends

By Amber Roberts

September 13, 2021

Employers and plans are reminded that they must provide a COBRA subsidy expiration notice no later than September 15, 2021, pursuant to the American Rescue Plan Act of 2021 (ARPA). ARPA had included some new COBRA obligations for both employers and participants. In particular, as noted in our previous posts, ARPA established a 100 percent COBRA premium subsidy that applied for a coverage period running from April 1, 2021, through September 30, 2021. That…

HR Defense

No Vaccination, No Service For Indoor Dining, Entertainment, and Fitness in NYC

By Brittany Buccellato

September 7, 2021

Enforcement begins soon of New York City’s new executive order requiring certain indoor establishments to verify that staff and patrons have received at least one dose of the COVID-19 vaccine before entering the establishment. The executive order took effect on August 17 and inspectors will begin enforcing its requirements until September 13. This mandate is the first of its kind in the country.…

HR Defense

Should You Consider Offering Cheaper Health Plan Coverage in 2022 for Vaccinated Employees?

By Beth Alcalde

August 30, 2021

If you still have unvaccinated workers in January, might you provide a financial incentive for employees to be vaccinated, by charging them higher healthcare insurance premiums? That is the question facing exhausted but dedicated corporate Human Resources leaders as they approach annual open enrollment season, in which employees are asked to lock in their 2022 benefit plan year’s elections. As the price for 2022 health plan and other coverages come into sharper focus around this…

HR Defense

Colorado Employers May Need to Pay Out Accrued Vacation on Termination

By Brian Nugent & Melissa L. Cizmorris

August 25, 2021

Colorado employers should carefully review their vacation and paid time off policies following a recent decision from the Colorado Supreme Court. On June 14, 2021, the Colorado Supreme Court held in Nieto v. Clark’s Market that although the Colorado Wage Claim Act (CWCA) does not require employers to provide employees with vacation pay, if the employer does elect to provide vacation pay, all accrued but unused vacation pay must be paid to employees upon termination…

HR Defense

Worker Injured on the Job? Don’t Forget Potential FMLA Rights

By Corina Valderrama

August 23, 2021

When an employee gets injured on the job, employers know to provide information about workers compensation coverage. But employers would be wise to remember to also consider whether the injury constitutes a “serious health condition,” triggering additional obligations under the federal Family and Medical Leave Act (FMLA) or similar state leave statutes.…

HR Defense

OSHA Encourages Employers to Mandate Vaccines or Regular Testing

By Dana N. Berber

August 18, 2021

The Occupational Safety and Health Administration (OSHA) has recommended employers either require vaccination or regular COVID testing, in addition to mask wearing and physical distancing in updated guidance issued on August 13, 2021. With the Equal Employment Opportunity Commission affirming that employers can mandate vaccines subject to certain exceptions, and the Department of Justice chiming in that such mandates are not prohibited simply because a vaccine only has Emergency Use Authorization, employers have additional…

HR Defense

New NLRB GC Memo Reveals Agency Strategy

By Genaira L. Tyce

August 17, 2021

All unionized and nonunionized private sector employers should prepare now for the anticipated legal changes contemplated in the National Labor Relations Board’s latest general counsel memorandum, GC 21-04. The Memorandum, released August 12, 2021, provides a detailed roadmap of the legal precedents and case-handling processes that new NLRB General Counsel Jennifer Abruzzo will advocate changing during her four-year term.…

HR Defense

Be Careful About Restricting Employee Communications with Media

By Karen M. Buesing

August 9, 2021

Employers that bar staff from communicating with the media should take another look at those prohibitions, following a recent federal appellate decision finding such a policy unlawful under the National Labor Relations Act (NLRA). An employee’s critical letter to the editor might be embarrassing, but taking action against the author for writing it may be unlawful.…

HR Defense

New Florida Corporate Espionage Act: Additional Protection for Trade Secrets?

By Akerman Law

August 2, 2021

Florida has given employers a new weapon in their trade secret protection arsenal: the Combatting Corporate Espionage in Florida Act. With the Biden Administration’s goal of curtailing non-competes and the Supreme Court’s narrow reading of a federal computer hacking law, employers are looking for additional ways to protect their sensitive business information. While seemingly targeted at foreign interference, the Corporate Espionage Act may provide additional domestic employer trade secret protections. The act was unanimously…

HR Defense

Akerman Insights on the Latest Developments in Labor and Employment Law

Blog Authors

Broad Vaccine Mandates Ahead

Deadline Triggered as COBRA Premium Subsidy Ends

No Vaccination, No Service For Indoor Dining, Entertainment, and Fitness in NYC

Should You Consider Offering Cheaper Health Plan Coverage in 2022 for Vaccinated Employees?

Colorado Employers May Need to Pay Out Accrued Vacation on Termination

Worker Injured on the Job? Don’t Forget Potential FMLA Rights

OSHA Encourages Employers to Mandate Vaccines or Regular Testing

New NLRB GC Memo Reveals Agency Strategy

Be Careful About Restricting Employee Communications with Media

New Florida Corporate Espionage Act: Additional Protection for Trade Secrets?

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