President Biden just signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” known informally as the “Me Too” law. It becomes effective immediately, and amends the Federal Arbitration Act (FAA) to ban the
Labor Days
News and Analysis from Kelley Drye’s Labor and Employment Practice
Labor Days is a blog published by Kelley Drye & Warren LLP that focuses on labor and employment law developments. It covers topics such as National Labor Relations Board (NLRB) policies and procedures, wage and hour regulations including overtime rules under the Fair Labor Standards Act (FLSA), workplace accommodations for pregnant and postpartum workers under the Pregnant Workers Fairness Act (PWFA), and litigation trends involving arbitration agreements and representative claims under the Private Attorneys General Act (PAGA). The blog also addresses legal implications of diversity, equity, and inclusion (DEI) programs and other employment-related regulatory changes affecting employers and employees.
Latest from Labor Days - Page 5
Top 5 Employment Law Trends for 2022
The start of a new year is the time for annual retrospectives, predictions, and promises to get back into the gym. Although we can’t help with that last one, we wanted to take this opportunity to offer our own analysis…
Are Your Doctors Poised for an Organizing Push? A Recent NLRB Decision May Provide Some Incentive
Generally speaking, most healthcare employers would not think that their employed physicians are at risk for unionization. As opposed to interns and residents, who have experienced their own unionization push in the past several years, employed or “staff” physicians supervise…
Governor Hochul Unmasked: New York Judge Strikes Down State Mask Mandate
Judge Thomas Rademaker, a New York State Supreme Court Judge in Nassau County, yesterday issued an order striking down the statewide mask mandate issued by the Department of Health in December, which requires that all state residents over the age…
I Hear That Whistle Blowing: New York’s Expanded Whistleblower Law Raises Volume On Employers
New York State lawmakers have done it again – amending an often-forgotten whistleblower statute of limited application into a sweeping new source of employee rights that should make employers listen up and take notice. Almost two years ago it was…
Supreme Court Splits on Vaccine Mandates
Last week, the Supreme Court issued two opinions on COVID regulations impacting employers and workers across the country.
- In the first, the Court stayed OSHA’s “vaccine or test” mandate for employers with 100 or more employees, finding that OSHA had
…
UPDATE ON COVID CONSIDERATIONS: Long COVID Now an ADA Disability
UPDATE: December 17, 2021
In a move that comes as no surprise, the EEOC has updated its COVID-19 technical assistance to provide guidance on when COVID-19 may be considered a “disability” under the ADA, making specific reference to the DOJ/HHS…
The Latest on Vaccines and Other COVID News
In a one-line ruling on Monday, December 13, 2021, the U.S. Supreme Court dismissed the last of the legal challenges to the vaccine mandate for health care workers in New York. It also dismissed a challenge to a similar mandate…
Uncertainty with the Federal Contractor Vaccine Mandate
By David Hickey & Amba Datta
Where the Mandate Stands and Current Considerations for Contractors and Subcontractors
The federal contractor vaccine rollout continues to present thorny issues for federal contractors. President Biden issued Executive Order (“E.O.”) 14042 in early September 2021, requiring federal contractor employees to…
DeBlasio’s Parthian Shots: What Businesses Need to Know
Days after New York City announced its first positive case of the Omicron variant, Mayor Bill DeBlasio announced a sweeping upcoming vaccine mandate for virtually all private employers in the City. According to DeBlasio, this “preemptive strike,” set to go…