Law and the Workplace

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Law and the Workplace

DC Mayor Signs Act Creating Near Total Ban on Non-Compete Agreements for DC Employees

By Guy Brenner & Caroline Guensberg

January 13, 2021

On January 11, 2020, Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) into law, moving the District one step closer to implementing one of the broadest, if not the broadest bans on non-competition agreements in the country. As we previously reported, in December 2020, the DC Council passed the Act, which broadly prohibits non-competes in the District subject to certain very narrow exceptions. Indeed, the Act, the specifics…

Law and the Workplace

DOL Issues Opinion Letters on Administrative Exemption and Ministerial Exception

By Allan Bloom

January 11, 2021

The U.S. Department of Labor’s Wage and Hour Division (WHD) issued two new opinion letters on January 8, 2021, bringing the number of “lame duck” wage and hour opinion letters—issued since Election Day 2020—to six. In FLSA2021-1, WHD determined that account managers at a life sciences manufacturer qualify for the FLSA’s administrative exemption. The account managers learn about the needs of potential clients, researching what company products would meet those needs, and communicating…

Law and the Workplace

President-Elect Biden Nominates Marty Walsh for Secretary of Labor

By Allan Bloom & Thomas B. Fiascone

January 8, 2021

On January 7, 2021, President-elect Joe Biden announced Boston Mayor Marty Walsh as his nominee for Secretary of Labor. If confirmed, Mayor Walsh would represent a stark contrast to incumbent Labor Secretary, longtime management attorney Eugene Scalia. Walsh served as the president of Laborers’ Union Local 223 prior to being elected Mayor. AFL-CIO President Richard Trumka publicly endorsed Walsh for the position of Labor Secretary and praised the selection, underscoring Walsh’s background in organized labor.…

Law and the Workplace

Significant Workplace Changes in Store Under the Biden Administration

By Allan Bloom, Tony Oncidi, Steven Porzio, Dominique Kilmartin, Elizabeth Dailey, Tony S. Martinez & Joshua Fox

January 8, 2021

From pay equity to an increased minimum wage, pro-worker and pro-union labor policies, and additional anti-discrimination protections, President-elect Biden has touted support for numerous legislative and regulatory proposals that would significantly change the employment and labor law landscape. Bolstered by Democrat victories in the Georgia Senate runoff elections (and the resulting unified Congress, the first in nine years), employers can expect new and amended workplace laws and rules in 2021. We highlight below several of…

Law and the Workplace

Trump DOL Issues Two More “Lame Duck” Opinion Letters, on Home-to-Office Travel Time and Live-In Caregivers

By Allan Bloom

January 5, 2021

On December 31, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued two opinion letters—one on home-to-office travel time and one on live-in caregivers. Such “lame duck” opinion letters—issued post-Election Day when there is a change in both administration and political party—were at one point in recent memory quite uncommon. The Carter administration issued a single wage and hour opinion letter following President Reagan’s election in late 1980, and George H.W. Bush’s…

Law and the Workplace

Congress Extends FFCRA Tax Credit into 2021, Declines to Extend FFCRA Leave

By Evandro Gigante, Harris Mufson, Alex Downie & Abigail Rosenblum

December 28, 2020

The federal Families First Coronavirus Response Act (“FFCRA”), which requires that employers with fewer than 500 employees provide sick and family leave benefits for certain COVID-19 related reasons, is due to sunset on December 31, 2020. Many believed that the FFCRA’s sick and family leave provisions would be extended into 2021 as part of the pandemic relief package that was signed by the President on December 27. However, these provisions were ultimately not extended, meaning…

Law and the Workplace

Paid Family and Medical Leave Benefits Become Available in Massachusetts on January 1st: Is Your Workplace Ready?

By Mark W. Batten, Lexie Reynolds, Thomas B. Fiascone & Heylee Bernstein

December 22, 2020

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For Massachusetts employers, or employers with Massachusetts-based employees, Paid Family and Medical Leave (“PFML”) has been on the horizon for nearly two years. By now, you have notified your workforce about benefits and contributions, displayed a poster informing them of the same, determined the size of your workforce and who is a “covered individual,” begun making deductions on behalf of eligible employees or applied for a private plan exemption, and more. Next, on…

Law and the Workplace

[Podcast]: Mandatory COVID-19 Vaccinations

By Harris Mufson & Evandro Gigante

December 22, 2020

In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss the U.S. Equal Employment Opportunity Commission’s recent guidance for employers regarding mandatory COVID-19 vaccinations. On December 16th, 2020, the EEOC issued updated guidance for employers in light of the FDA’s recent authorization of Pfizer’s COVID-19 vaccine for emergency use. Widespread vaccinations have been largely perceived as critical in returning all employees to the workplace in a safe manner and allowing employers…

Law and the Workplace

Congress Seeks to Extend Many CARES Act Unemployment Benefits in Pandemic Relief Package

By Evandro Gigante, Harris Mufson, Allison Martin & Jacob P. Tucker

December 22, 2020

*** UPDATE: After being presented with the bill on Thursday, December 24, President Trump signed it into law on Sunday, December 27. The unemployment provisions take effect upon signing, but because states process unemployment benefit claims on a weekly basis that generally begin each Saturday, benefits under the new law likely will be paid starting on January 2, 2021. This means that millions of unemployed Americans who had been receiving benefits under the Pandemic Emergency…

Law and the Workplace

DC Council Passes One of the Broadest Bans on Non-Competes in the Country

By Guy Brenner & Caroline Guensberg

December 18, 2020

Quick Hit: On December 17, 2020, the Council of the District of Columbia passed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), which, subject to certain very narrow exceptions, will “make void and unenforceable non-compete[s]” entered into after the effective date of the law. The Act also prohibits employers from maintaining workplace policies that prevent employees from working for other employers and retaliating against employees for exercising their rights under the Act.…

Law and the Workplace

Blog Authors

DC Mayor Signs Act Creating Near Total Ban on Non-Compete Agreements for DC Employees

DOL Issues Opinion Letters on Administrative Exemption and Ministerial Exception

President-Elect Biden Nominates Marty Walsh for Secretary of Labor

Significant Workplace Changes in Store Under the Biden Administration

Trump DOL Issues Two More “Lame Duck” Opinion Letters, on Home-to-Office Travel Time and Live-In Caregivers

Congress Extends FFCRA Tax Credit into 2021, Declines to Extend FFCRA Leave

Paid Family and Medical Leave Benefits Become Available in Massachusetts on January 1st: Is Your Workplace Ready?

[Podcast]: Mandatory COVID-19 Vaccinations

Congress Seeks to Extend Many CARES Act Unemployment Benefits in Pandemic Relief Package

DC Council Passes One of the Broadest Bans on Non-Competes in the Country

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