Yesterday, President Biden announced that he is entering two Executive Orders requiring COVID-19 vaccines for federal workers and contractors and that administrative agencies (the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health Administration) will be issuing requirements establishing vaccine protocols for large employers and healthcare providers. President Biden expressed his
Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against Non-Romantic Co-Worker
In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a co-worker could not be the basis for his own Title VII claim that he was discriminated due to his sex. The Court
What’s Your Vax Status? New Requirements for Federal Employees and Contractors
With Delta variant infections on the rise, the Biden administration recently announced that “every federal government employee and onsite contractor will be asked to attest to their vaccination status,” and that anyone who “does not attest to being fully vaccinated will be required to wear a mask on the job no matter their geographic location,
Moving On Up: Department of Labor Announces Proposed Rulemaking to Raise Minimum Wage for Federal Contractors
On July 21, the DOL announced a Notice of Proposed Rulemaking to enforce the Biden Administration’s Executive Order raising the minimum wage for workers under federal contracts to $15 per hour. The proposed rule would go into effect on January 30, 2022. This announcement begins a comment period that will end on August 23, 2021.
Silverware Rollers Unite! DOL Proposes New Rule on Use of Tip Credit for Non-tipped Work
As we discussed in April, the Biden administration halted the implementation of some of the Trump administration’s changes to the rules on taking a tip credit for non-tipped work. For those that never have had a server job, employers who have tipped employees (waitstaff, bartenders, etc.) have the option to pay those type of
Here We Go Again? DOL Secretary Walsh Discusses Raising Overtime Exemption Salary Threshold
You may have missed it, but Secretary of Labor Marty Walsh perked up some ears last week when he discussed possibly raising the FLSA salary threshold for certain exempt employees. In testimony before a Congressional committee, Secretary Walsh stated that the current amount, $35,568, is “definitely” too low and hinted that his department may seek
Leggo My Eggo and Pass the Legal Advice! Come to Breakfast with Bradley on June 17
Employers across the country are curious how the labor and employment world may change under President Biden’s administration. March saw Marty Walsh, former mayor of Boston, confirmed as the U.S. Secretary of Labor. What is his philosophy? The DOL postponed the effective date of a new Independent Contractor Rule. Will it ever go into effect?
Essential COVID-19 Tips for Those Essentially Essential: DOL Launches New Wage and Hour Program for Essential Workers
The Wage and Hour Division of the Department of Labor unveiled a new program, “Essential Workers—Essential Protections,” that focuses on making sure employers comply with overtime and other wage requirements for workers on the frontline of battling the pandemic. Those positions include workers in grocery stores, healthcare, retail, delivery services and agriculture. The program will
Let Your Employees Get the Jab (COVID-19 Vaccination) — You May Get a Tax Credit
If you are an employer with under 500 employees, you may be eligible for a tax credit for paid leave provided to your employees to receive the COVID-19 vaccination or for paid leave they take to recover from any illness or condition as a result of receiving the vaccine. The Biden administration recently announced this
Race and National Origin Discrimination Claims Cover Discrimination Based on All Races or National Origins
Employers seeking to diversify their workforces need to remember that Title VII’s prohibition on class-based discrimination still applies — even if your motives are pure. The EEOC announced that it settled a lawsuit in which it alleged that a company was discriminating in favor of Hispanic job applicants over black, white, and Asian applicants.
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