EEOC to Allow Seeking of Opinions on Discrimination Issues

11 January 2021 | January 2021

For many years, the U.S. Department of Labor (DOL) has allowed employers to seek official government opinions on various fact situations in determining legal compliance, such as under the Wage/Hour laws. The right to seek advance government opinions on such issues was suspended during the Obama Administration, but reinstated during the Trump Administratio...

More Dreamers to Be Available for Employment

11 January 2021 | January 2021

For undocumented immigrants who came to the U.S. as children ("Dreamers"), a new court decision grants a temporary reprieve from deportation. Recently, a federal district court in New York ordered the Trump administration to reinstate the Deferred Action for Childhood Arrivals(DACA) program—an Obama-era initiative that has allowed around 646,000 immigrant...

The Logistics of Handling Covid-19 Vaccinations

11 January 2021 | January 2021

Early reports indicate that most employers are more likely to use pharmacies and other third-party providers to administer the COVID vaccination. The vaccines from Pfizer require below-zero temperatures, and there are difficulties in keeping up with who got the first of the two shots required and when those workers need their second dose. Thus, man...

Yes or No on Mandatory Covid Vaccination?

11 January 2021 | January 2021

Employers want to provide safe work places, and it is to the advantage of both the employer and employees to have a COVID-vaccinated workforce. Thus, the natural question is can I, and should I, require mandatory COVID vaccinations for my employees?

The Effect of the Election on Federal Employment Agencies

01 December 2020 | December 2020

Mr. Biden has stated he intends to be the most "pro-union President ever." However, the process is going to be slow at the NLRB since Republicans currently enjoy a 3-1 majority, and the first Republican seat to expire will occur in August 2021. The next Republican seat does not become vacant until 2022, and so the Republicans will still have a...

President-Elect Biden Prepares Immediate Executive Orders

01 December 2020 | December 2020

President Trump issued 196 Executive Orders through late October and Obama issued 295. Many of Trump's Executive Orders attempted to limit regulation, however, rather than expand it. Mr. Biden reportedly plans to issue numerous Executive Orders on his very first day in office, January 20, 2021.

Best Chances for Policy Compromise

01 December 2020 | December 2020

The first and most obvious area of compromise involves dealing with the pandemic. Both parties support additional pandemic relief, including stimulus spending. Republicans want less than $1 trillion, while Democrats want more than $2 trillion. Controversial portions of any compromise include Republican demands for some protection for bus...

How President-Elect Biden and the Likely Senate Republican Majority Affect Policy-Making

01 December 2020 | December 2020

President-Elect Biden not only is considered the most moderate of all the Democratic candidates for President, but he has a history of deal-making, including deals with Senate Majority Leader Mitch McConnell, that suggests compromise may be possible. The new Democratic senators in States that flipped, Colorado and Arizona, ran as Centrist Democrats,...

Consequences of Election Results (Updated)

01 December 2020 | December 2020

We have previously published an Alert entitled "Report on Election Results, Analysis, and Consequences," but this newsletter is updated and includes more emphasis on the consequences of the election as to policy and legislation. President-Elect Biden will very likely try to assume a role as a "deal-maker," and he has a history of working with Senate...

Administration Attempts to Maintain GOP Majority at NLRB and EEOC Regardless of Election Results

01 November 2020 | November 2020

Republicans have done their best to maintain their majority at the Equal Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB) regardless of November's election results. In September, two Republicans and one Democrat were confirmed to the EEOC in separate votes. Confirmation of the three new Commissioners provides the EEO...

Keeping Politics Out of the Workplace is Difficult

01 November 2020 | November 2020

As the election approaches, employees are taking an increasing interest in political issues. Corporate America traditionally has avoided speaking out on political issues, but now it is becoming more common to do so. Indeed, some surveys indicate that a majority of employees expect and want their employers to speak out on social and political i...

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