executive order

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

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

California Mandates Supplemental Paid Sick Leave for Food Sector Workers

Earlier this month, California Governor Gavin Newsom signed Executive Order N-51-20, mandating that certain “hiring entities” provide supplemental paid sick leave for food sector workers. The executive order (EO) acknowledges that workers who help grow and provide food, work in food facilities and deliver food are essential critical infrastructure workers who continue to work outside their homes during the COVID-19 pandemic. In an effort to prevent food sector workers from having to go to work when they are sick, which increases health and safety risks, the EO mandates supplemental paid sick leave for certain COVID-19-related reasons. Here’s what hiring entities need to know about the EO.

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San Francisco Issues Implementation Guidance on New Paid Leave Ordinance

As we reported in our previous blog post, the city of San Francisco recently enacted the Public Health Emergency Leave Ordinance (“Ordinance”) which requires certain employers to provide employees with paid leave for specified reasons related to COVID-19.  This week, the San Francisco Office of Labor Standards Enforcement issued Implementation Guidance (“Guidance”) regarding the new Ordinance.  The Guidance sheds light on important issues such as the scope of the Ordinance, the amount of leave available under the Ordinance, how to calculate rate of pay, and notice requirements under the Ordinance.

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San Francisco and San Jose Enact Emergency Paid Sick Leave Ordinances

In response to the ongoing Coronavirus pandemic, on April 7, 2020, San Francisco and San Jose issued emergency orders providing supplemental paid sick leave to certain employees working within their cities. Below are the key points Bay Area employers need to know. READ MORE

California Executive Order Allows Businesses To Assert An “Unforeseeable Business Circumstances” Exception to California WARN Act For Events Caused By COVID-19; Notice Must Be As Soon As Practical.

California maintains its own “mini” WARN Act, Labor Code section 1400, et seq., which requires employers with 75 or more employees to give 60 days’ notice prior to mass layoffs, substantial relocations, or termination of operations at a covered establishment.  Unlike the federal WARN Act, California’s statute also applies to furloughs as few as three weeks, according to a 2017 Court of Appeal decision in Int’l. Bhd. of Boilermakers, etc. v. NASSCO Holdings Inc., 17 Cal. App. 5th 1105, 226 (2017).  Also, unlike the federal WARN Act, California does not have an unforeseeable business circumstances or natural disaster exception to the 60-days’ notice requirement. READ MORE

Trump’s Religious Freedom EO May Set Stage for Future Expansion of Religious Exercise in the Workplace

On May 4, 2017, the President signed the Executive Order Promoting Free Speech and Liberty (the “EO”). The EO’s stated policy is to “vigorously enforce Federal law’s robust protections for religious freedom.” An early version of the Executive Order contained provisions that directed the Department of Labor to begin rulemaking which could have expanded the religions exemptions to federal civil rights laws for federal contractors.  While this and other expansive provisions were not included in the current EO, further accommodations of religious exercise in the workplace are not off the table.   READ MORE

U.S. Department of Labor Advances Regulatory Agenda with Final Rule Barring Federal Contractors from Discriminating against LGBT Workers

On December 3, 2014, the U.S. Department of Labor (DOL) released its final rule barring federal contractors from discriminating on the basis of sexual orientation and gender identity.  The final rule implements an Executive Order signed by President Obama in July 2014 amending Executive Order 11,246 to include sexual orientation and gender identity as prohibited bases of employment discrimination by federal contractors and subcontractors.

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