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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sticky notes, wall, indoors

No-match Social Security Letters Discontinued

| August 2021
In the past, the Social Security Administration (SSA) during periods of time has issued so-called "no-match letters" to employers with "at least one name and combination submitted on Form W-2 that do not "match" Social Security records. This has created difficult issues for employers as to the extent they must investigate such discrepancies, terminate emp...
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cross

Supreme Court Allows Catholic Group to Exclude Foster-care Rights

| August 2021
The public and the courts continue to debate whether there should be religious exemptions to LGBT anti-discrimination laws. In other words, there are anti-bias laws that must be enforced, and at the same time there are religious rights that under the law generally require some accommodation. When these two issues collide, the outcome becomes difficult. 
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restroom neon light

EEOC Addresses Controversial LGBT Restroom Policies

| August 2021
A year ago the U.S. Supreme Court ruled in Bostock v. Clayton County that Title VII outlawed workplace bias based on sexual orientation and transgender status. However, that ruling expressly left open questions on whether employers could segregate bathrooms or dress codes by sex. 
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