Biden Harris Press Conference

Developments Since Biden's Mandatory Vaccination-Testing Directives

| November 2021
Many developments have occurred since President Biden on September 9, 2021 issued certain announcements and executive orders to require either mandatory COVID vaccinations or weekly testing. Some of the announcements concern what requirements may be issued regarding mandatory vaccination or weekly testing of employers of 100 or more employees. What the F...
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money bills

Employee Wins a $137 Million Jury Verdict in Single Plaintiff Discrimination Case

| November 2021
A Tesla factory worker in California in early October won a $137 million race discrimination verdict. The plaintiff was employed by a temporary staffing agency at the Tesla factory, and he claimed that he was regularly subjected to racially offensive terms and graffiti, including the "N" word, derogatory images of African-Americans and swastikas, which he...
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Women signing papers at a table indoors

Trump Regulation Requiring EEOC to Conciliate Rescinded

| October 2021
The current administration has moved rapidly to eliminate the Trump administrators, even during the terms of their employment, and to eliminate administrative rules and guidance issued by the prior administration.  The most recent example is an EEOC regulation issued during the Trump Administration that required the EEOC to give employers far more informa...
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Port-au-Prince, Haiti - Outdoors, houses on the hillside

TDPP Extended for Six Countries

| October 2021
More than 400,000 citizens of six foreign countries who live and work in the U.S. under Temporary Protected Status (TPS) are able to stay for at least another year.  The countries under the temporary deportation protection program include El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal.  There will be an automatic extension until December 31, 202...
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a group of people protesting outdoors, with jackets in the cold

Issues Related to Safety and Work-related Issues, Pertaining to Walk-outs, Sit-ins, Protests, Etc

| October 2021
The current situation is an appropriate time to remind employers of their obligations under federal laws dealing with not only safety protests, but any protests remotely relating to wages, hours, and terms and conditions of employment.  The National Labor Relations Act protects employees from adverse action from employers for "union or other concerted act...
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Covid Vaccine Clinic, Parking Sign, Outdoors

Biden Issues Executive Order Attempting to Require Covid Vaccination & Testing

| October 2021
In what many consider President Biden's most bold move regarding COVID-19, he issued an Executive Order on September 9, 2021 in an effort to require that federal employees, federal contractors, and large employers of 100 or more employees require their employees to be vaccinated.  The Executive Order is unprecedented as never before has the government iss...
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business buildings

Trump Business-Friendly Joint Employer Rule Officially Overturned

| September 2021
The current Administration has completed its rejection of the Trump-era joint employer rule by issuing a final rule in late July rescinding the 2020 joint employer rule.  The Trump regulation would have limited the circumstances under which multiple businesses share liability for wage or other violations.  These issues concern major cases such as the "pos...
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cdc

CDC Guidelines on Indoor Masks Changes

| September 2021
In late July, the Centers for Disease Control and Prevention (CDC) recommended that vaccinated people resume masking indoors in certain parts of the country.  In May, the CDC had issued guidance that vaccinated people no longer need to mask or physically distance in most indoor and outdoor settings.  According to CDC data, about 46% of U.S. counties are c...
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federal buildings

Important Federal Ruling Demonstrates Interplay of Intermittent Leave, ADA and FMLA

| September 2021
Few problems vex employers as much as figuring out the interplay of leaves of absence required by the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), particularly when they involve intermittent leave, irregular and unreliable attendance.  A recent case from the federal appeals court for the Eighth Circuit addresses these iss...
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donkey, outdoors

Democrats Lay out Their Agenda at Labor Board

| September 2021
In late July, two well-known union attorneys were confirmed by the Senate as members of the National Labor Relations Board (NLRB), David Prouty and Gwynne Wilcox.  Prouty replaces Republican member William Emanuel, whose term expires in late August, and Wilcox will fill a vacant seat, giving the Democrats a 3-2 edge.  Wilcox is best known for suing McDona...
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medical healthcare, indoors

Supreme Court Again Upholds Affordable Care Act

| August 2021
California v. Texas, the Supreme Court has again upheld the provisions of the Affordable Care Act (ACA), often known as ObamaCare. A federal appeals court had ruled that ACA had originally been upheld by the Court as a tax, but subsequent legislation removed the tax penalty thus casting doubt on the validity of the individual mandate and perhaps the entir...
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