Employment Law

Control of the Senate or Not, Biden Has a Pen: Executive Orders Employers Can Expect Under the New Administration

With the Georgia Senate race and control of the Senate hanging in the balance, a Biden Administration’s ability to enact new employment-related legislation is questionable.  However, with the stroke of a pen, a Biden Administration can make significant changes through Executive Order.  In this post, we attempt to identify several areas where rule by Executive Order may come.

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OFCCP Releases Request for Information Regarding Federal Contractor Diversity Training

On October 21, 2020, OFCCP released a highly anticipated Request for Information (“RFI”) seeking information from federal contractors, federal subcontractors, and employees of federal contractors and subcontractors regarding diversity-related training, workshops, or similar programming provided to employees. This RFI follows President Trump’s recent Executive Order on Combating Race and Sex Stereotyping (“Executive Order”), which purportedly prohibits federal contractors from promoting race or sex stereotyping or scapegoating through workplace training (see prior blogs on this subject here and here). READ MORE

OFCCP Provides Guidance on Diversity Training Executive Order

On October 7, 2020, OFCCP issued initial guidance regarding President Trump’s recent executive order prohibiting certain diversity-related training by federal contractors (“Executive Order on Combating Race and Sex Stereotyping”).  As we previously reported, under this Executive Order, all government contracts entered into after November 21, 2020 must contain certain provisions related to the prohibition of workplace trainings that encompass “race or sex stereotyping” or “race or sex scapegoating,” and covered contractors are prohibited from implementing such trainings in their workforces. READ MORE

Oregon OSHA Issues Revised Standards Regarding COVID-19 – Employers Should Take Note and Take Action

Oregon employers should take note of new state Occupational Health & Safety Administration (“OR OSHA”) standards that are likely to take effect soon.  On September 25, 2020, OR OSHA’s Infectious Disease Rulemaking Advisory Committee published its final COVID-19 Temporary Standard (following a brief notice and comment period). READ MORE

California Enacts Legislation Codifying COVID-19 Workers’ Compensation Presumption for Certain Groups of Employees and Imposing Employer Reporting Requirement

On September 17, 2020, California Governor Newsom signed SB-1159. Effective immediately, the bill adds three new sections to the California Labor Code (§§ 3212.86-3212.88) which create a rebuttable presumption that certain employees who test positive for COVID-19 contracted it in the workplace. For these employees, the legislation modifies the definition of “injury” for the purposes of workers’ compensation, to include illness or death resulting from COVID-19. The legislation also creates a COVID-19 reporting requirement for employers who employ at least five employees, and makes several other nuanced changes to the way employers must treat workers’ compensation claims based on COVID-19 infections. READ MORE

Executive Order Restricts Federal Contractor Diversity Training

On September 22, 2020, President Trump issued an Executive Order on Combating Race and Sex Stereotyping prohibiting certain diversity-related training in the federal workforce and among government contractors.  Specifically, the executive order provides that the United States will not promote “race or sex stereotyping or scapegoating” in the federal workforce or in the Uniformed Services, the government will not allow grant funds to be used for those purposes, and federal contractors cannot “inculcate such views in their employees.”  While the executive order may have significant implications for contractors, the lasting impacts are currently uncertain, including in light of the upcoming election and expected legal challenges. READ MORE

Navigating California’s New Supplemental Paid Sick Leave Law – Guidance on Key Provisions and Common Employer Questions

On September 9, 2020 Governor Newsom signed AB 1867 into law, giving California employers just 10 days to implement new COVID-19 Supplemental Paid Sick Leave statewide.  Below we highlight the major provisions of the new law (Labor Code 248.1, or “LC 248.1”) as well as nuances employers should keep in mind as they put their program into place.  (For clarity, we refer to this new leave as “LC 248.1 leave” to avoid confusion between this new statewide mandate and other federal and local laws expanding available paid sick leave due to COVID-19.) READ MORE

San Francisco Offers “Right to Reemployment” For Local Workers Laid-off Due to COVID-19

[Update: The Ordinance was enacted on July 3, 2020.]

In an unprecedented move, on June 23, 2020 the San Francisco Board of Supervisors voted in favor of legislation that requires San Francisco employers with 100 or more employees to “offer a right to reemployment” to certain workers whom the employer laid off due to the COVID-19 pandemic and its resulting shelter-in-place orders. According to the city’s rules, this ordinance goes into immediate effect upon signature by San Francisco Mayor London Breed, which must occur within 10 calendar days of receipt of legislation. Unless reenacted, the ordinance will expire on the sixty-first day after its enactment. READ MORE

COVID-19 Germany: The New Corona-Warn-App – What Employers Need to Know

A few days ago, the much-anticipated official Corona-Warn-App, commissioned by the German government, went live – and has since been downloaded over 10 million times. The goal is to convince as many people as possible to use the track-and-trace-app to curb the spread of COVID-19. While extensive use of the app can be a benefit for employers who are looking at re-opening and return to work planning, some legal questions come up in the employment context.

How Does the App Work? READ MORE

Immigration Proclamation: What does this mean for your foreign national workforce and hiring?

On June 22, 2020, the White House issued the “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” which is the latest in a series of U.S. immigration restrictions purportedly tied to the COVID-19 outbreak and its impact on the American economy. READ MORE