News – CDFirm https://cdfirm.com Top Probate, Family & Business Attorneys in Dallas, TX Mon, 20 Sep 2021 16:54:55 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.18 144340274 OSHA Directed to Develop Emergency Temporary Standard for Vaccine Mandate https://cdfirm.com/osha-directed-to-develop-emergency-temporary-standard-for-vaccine-mandate/ Mon, 20 Sep 2021 16:54:55 +0000 https://cdfirm.com/?p=6135 As part of his Path Out of the Pandemic, President Biden announced a requirement for all employers with 100 or more employees to mandate that their workers are fully vaccinated or receive a negative COVID-19 test weekly before coming to work. The order is in addition to a stipulation that most federal workers and contractors […]

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As part of his Path Out of the Pandemic, President Biden announced a requirement for all employers with 100 or more employees to mandate that their workers are fully vaccinated or receive a negative COVID-19 test weekly before coming to work. The order is in addition to a stipulation that most federal workers and contractors as well as most healthcare workers be vaccinated against COVID-19 without the option of regular testing instead of vaccination.

Biden tasked the Occupational Safety and Health Administration (OSHA) with developing an emergency temporary standard (ETS) to implement the requirement, supplementing the previous ETS from June which applied only to the healthcare sector. While key details about the mandate are not yet clear, including when it will take effect, employers can take steps now to prepare.

  • Encourage employees to get vaccinated to make compliance easier once the rule goes into effect.
  • Decide whether your business will mandate vaccination for all employees or allow weekly testing as an alternative. Employers unable to handle the cost of collecting and tracking tests may choose to require the vaccine without a testing option.
  • Develop administrative policies to confirm vaccinations and test results. Be sure to include guidelines for paid time off for employees to get the vaccine and recover from any side effects.
  • Expect and prepare for accommodation requests. The OSHA rule will likely affirm that employers must provide reasonable accommodation in accordance with the Americans with Disabilities Act (AD) for a refusal to be vaccinated on the basis of a medical condition or religious belief.

Once published, the OSHA ETS will take effect in 29 states where OSHA has jurisdiction. States with their own federally approved workplace safety agencies will have up to 30 days to adopt equivalent measures. The ETS will last for six months, at which time it will be replaced by a permanent standard.

Opponents of a vaccine mandate already are planning legal challenges to the ETS, although it will be in effect while such challenges are resolved. Your employment attorney can help you enact workplace policies that will protect your workers regardless. We are happy to help.

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Biden Executive Order Fosters Fair Marketplace https://cdfirm.com/biden-executive-order-fosters-fair-marketplace/ Mon, 16 Aug 2021 16:10:23 +0000 https://cdfirm.com/?p=6128 In July, President Joe Biden signed an Executive Order on Promoting Competition in the American Economy, including 72 initiatives intended to lower prices, increase wages, and promote innovation and economic growth. One of the initiatives asks the Federal Trade Commission (FTC) to curtail the use of non-compete and no-poach agreements that, according to the Order, […]

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In July, President Joe Biden signed an Executive Order on Promoting Competition in the American Economy, including 72 initiatives intended to lower prices, increase wages, and promote innovation and economic growth. One of the initiatives asks the Federal Trade Commission (FTC) to curtail the use of non-compete and no-poach agreements that, according to the Order, may unfairly harm employee wages, work conditions, and mobility.

Specific to the labor market, the Order notes that roughly half of private sector businesses require at least some employees to sign non-compete agreements as a condition of employment, reducing the power of workers to bargain for higher wages and working conditions. Almost 30% of jobs require licensing and fewer than 5% of such occupations have licensing that is consistent from state to state, making relocation between states burdensome. The Order also notes the harm of current guidance by the Department of Justice and FTC to human resource personnel that allows third parties to make wage information available to employers but not employees, unfairly restricting wage and benefit negotiation.

In response to those facts, the Order of the President:

  • Encourages the FTC to ban or limit non-compete agreements.
  • Encourages the FTC to ban unnecessary occupational licensing restrictions that impede economic mobility.
  • Encourages the FTC and DOJ to strengthen antitrust guidance to prevent employers from collaborating to suppress wages or reduce benefits by sharing wage and benefit information with one another.
  • Encourages all government agencies to address policies that stifle competition.

Non-competes and other post-employment restrictions generally are state regulated, and the Executive Order does not trigger immediate changes to the law. It does, however, suggest that such restrictions are under scrutiny and may eventually be subject to federal regulation.

Companies and business groups are likely to challenge any such regulations, viewing restrictions as harmful to their investments in trade secrets, intellectual property, and goodwill between its workforce and customers. Protecting proprietary information is important concern, necessary to preserve innovation and maintain a competitive edge. Such knowledge cannot simply be left behind when an employer leaves the job. Relationships between employees and customers are also important to the company’s reputation, which is harmed when a former employee joins a competitor. Currently, most states enforce non-competes only to the extent that they are necessary to protect an employer’s trade secrets and intellectual property.

Additionally, businesses are required to use reasonable measures to keep their trade secrets confidential. Failure to do so can result in the loss of intellectual property rights to those trade secrets. Non-compete agreements are a solid protective measure when part of a strategy to maintain confidentiality.

An employment attorney can provide insight concerning employment agreements and other company practices that may be subject to restriction in the future. As always, we are happy to help.

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Two Amys, One Strategy: Female Litigation Duo Use Technology, Trial Theme to Vindicate Client Undercut in Breach of Contract Suit https://cdfirm.com/litigation-duo-use-technology-trial-theme-to-vindicate-client/ Mon, 26 Jul 2021 17:06:44 +0000 https://cdfirm.com/?p=6121 Law.Com – July 20, 2021 A software company claiming to be swindled out of $5.6 million in what attorneys are calling the largest construction industry software implementation project of its kind, triumphed in a doomed quest to recover compensation. And its women-run litigation team say it’s all thanks to their tech-savvy creativity that rescued the […]

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Law.Com – July 20, 2021

A software company claiming to be swindled out of $5.6 million in what attorneys are calling the largest construction industry software implementation project of its kind, triumphed in a doomed quest to recover compensation.

And its women-run litigation team say it’s all thanks to their tech-savvy creativity that rescued the case from tanking.

“We told a story that made things entertaining,” said Amy E. Davis, principal of Christiansen Davis in Dallas, Texas. “But it also reminded [the jury] that these are real people who had really been injured.

Although based in the Lone Star state, Davis didn’t tackle the litigation alone. Instead, she paired with namesake Amy M. Stewart, partner at the Stewart Law Group in Dallas to try the Georgia case.

Read More >

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EEOC’s Latest Guidance on Employer Vaccination Policies https://cdfirm.com/eeocs-latest-guidance-on-employer-vaccination-policies/ Mon, 19 Jul 2021 14:57:30 +0000 https://cdfirm.com/?p=6117 As COVID-19 variants cause an upward trend in the pandemic, public health officials in some circles have renewed calls for businesses to require vaccinations for employees returning to the workplace. While questions remain about how such requirements would be enforced — some of which we addressed last fall — the latest guidance from the Equal […]

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As COVID-19 variants cause an upward trend in the pandemic, public health officials in some circles have renewed calls for businesses to require vaccinations for employees returning to the workplace. While questions remain about how such requirements would be enforced — some of which we addressed last fall the latest guidance from the Equal Employment Opportunity Commission (EEOC) provides a framework on how employees can tackle the issues.

Here are some key takeaways for employers from the EEOC’s latest guidance.

Mandating vaccines is legal.

The EEOC reiterates that businesses have a right to require on-site workers to be vaccinated, provided that employers provide reasonable accommodations to employees with underlying disabilities or sincerely held religious beliefs that prohibit vaccinations. A list of possible accommodations, such as requiring face masks, providing modified hours, requiring periodic COVID-19 testing, or providing the opportunity to work remotely, are provided by the EEOC. The commission advises that employers assume that such requests are sincere, but  a consultation with your employment attorney can help ensure compliance with anti-discrimination laws.

Vaccination status must be kept confidential.

According to the EEOC, requesting proof of vaccination is not classified as a medical inquiry. However, in keeping with the Americans with Disabilities Act (ADA), employers must keep any medical information provided, such as a copy of the vaccination card, separate from the employee’s personnel file.

Mandates should not cause disparate impact.

Because some individuals or demographic groups face greater barriers accessing vaccinations than others, a vaccine mandate could negatively impact marginalized groups. Such groups may disproportionally include employees with protected characteristics such as race, national origin, or religion. Be mindful that requiring vaccines only for certain groups of high-risk employees such as maintenance or cafeteria staff could violate nondiscrimination laws.

Incentives are OK if not coercive.

The guidance on vaccine incentives makes a distinction between employer-sponsored vaccinations and those provided by third parties such as pharmacies or medical clinics. Employers can offer incentives to employees for voluntarily providing vaccination documentation from a third party without violating the ADA. Employer-provided vaccines can be incentivized as long as the incentive is “not so substantial as to be coercive.” To clarify, the EEOC explains, “because vaccinations require employees to answer pre-vaccination disability-related screening questions, a very large incentive could make employees feel pressured to disclose protected medical information.”

EEOC guidance does not carry the weight of a legal requirement but is valuable in considering how best to navigate vaccination requirements while being compliant with employment law. Be prepared to adjust policies as the pandemic evolves and be aware of local law that applies to your business. Stay in close touch with your employment attorney to make sure your policies are effective and nondiscriminatory. As always, we are happy to help.

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OSHA Issues Emergency Temporary Standard and Updates Workplace Guidance https://cdfirm.com/osha-issues-emergency-temporary-standard-and-updates-workplace-guidance/ Mon, 21 Jun 2021 17:09:28 +0000 https://cdfirm.com/?p=6114 The Occupational Safety and Health Administration (OSHA) released the long-expected Emergency Temporary Standard (ETS) for COVID-19, requested by President Biden as part of his COVID-19 response strategy. Surprisingly, the standard includes only healthcare workers in the new workplace safety rules. While protecting healthcare workers from COVID-19 is crucial, the ETS does not extend to other […]

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The Occupational Safety and Health Administration (OSHA) released the long-expected Emergency Temporary Standard (ETS) for COVID-19, requested by President Biden as part of his COVID-19 response strategy. Surprisingly, the standard includes only healthcare workers in the new workplace safety rules.

While protecting healthcare workers from COVID-19 is crucial, the ETS does not extend to other workplaces that may expose employees to the coronavirus. Former Obama administration Assistant Secretary of Labor said, “OSHA’s failure to issue a COVID-specific standard in other high-risk industries like meat and poultry processing, corrections, homeless shelters, and retail establishments is disappointing. If exposure is not controlled in these workplaces, they will continue to be important drivers of infections.”

We will keep you informed of any developments in the rules, which appear in full on the OSHA website.

Shortly after issuing the ETS for healthcare settings, the agency updated its workplace guidance to mirror changes in the Centers for Disease Control and Prevention’s guidance for fully vaccinated people. In Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace, OSHA states that the update is advisory in nature and creates no new legal obligations. The guidance does clarify that current mandatory standards remain in effect.

Updates focus primarily on an employer’s duties to protect unvaccinated workers and others who are at risk, including those who do not have full immune response to the vaccine due to a medical condition or medication.

Protective measures include:

  • Granting time off for employees to be vaccinated
  • Instructing employees, both vaccinated and unvaccinated, to stay at home if they have COVID-19 or symptoms of the virus.
  • Enforcing physical distancing for unvaccinated and other at-risk employees in communal areas and limit the number of such employees in one place at a given time.
  • Providing unvaccinated and other at-risk employees with facemasks unless their work tasks require a respirator.
  • Training employees in COVID-19 policies and procedures and making sure they understand their rights to a safe workplace, how to report concerts, and freedom from retaliation for raising health and safety issues.
  • Encouraging customers, guests, and visitors to wear face coverings.
  • Continuing routine cleaning and disinfection and following CDC cleaning and disinfection recommendations if someone confirmed to have COVID-19 has been in the area.

For employers that have been awaiting OSHA updates, more questions remain. But they now have a guide to the actions that OSHA considers important to maintaining a safe workplace in the time of COVID-19.

As you implement the guidelines appropriate for your business, be sure to focus on a message of safety with your employees. The goal is to protect both vaccinated and unvaccinated workers moving forward. Consultation with your attorney will be invaluable in addressing any questions or concerns. As always, we are happy to help.

 

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Department of Labor Withdraws Trump-Era Independent Contractor Rule https://cdfirm.com/department-of-labor-withdraws-trump-era-independent-contractor-rule/ Mon, 17 May 2021 15:39:18 +0000 https://cdfirm.com/?p=6110 The latest Department of Labor (DOL) move, in keeping with the policy goals of the Biden administration, is withdrawal of the January 2021 rule that determined whether a worker was classified as an independent contractor under the Fair Labor Standards Act (FLSA). The withdrawn rule allowed employers to classify workers as independent contractors more easily […]

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The latest Department of Labor (DOL) move, in keeping with the policy goals of the Biden administration, is withdrawal of the January 2021 rule that determined whether a worker was classified as an independent contractor under the Fair Labor Standards Act (FLSA). The withdrawn rule allowed employers to classify workers as independent contractors more easily and thus avoid paying minimum wage, overtime pay, and other benefits required for employees.

In its announcement, the DOL stated that the rule would have resulted in employees losing FLSA protections. “The department believes that the rule is inconsistent with the FLSA’s text and purpose and would have a confusing and disruptive effect on workers and businesses alike due to its departure from longstanding judicial precedent.”

Secretary of Labor Marty Walsh added that withdrawal of the rule will “preserve essential worker rights and stop the erosion of worker protections that would have occurred had the rule gone into effect.” Walsh said previouslythat he believes many gig workers in the United States should be classified as employees and deserve benefits.

The DOL currently has no plans to issue a new independent contractor rule, so employers will be guided by the test previously used by the DOL to classify workers or by the state in which the business operates. But employers should keep an eye on developments that may result in changes to the standard, given the commitment of the Biden administration to protect employee rights. Look to your employment attorney to keep you informed. We are, as always, happy to help.

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NLRB Upholds Arbitration Agreement Confidentiality https://cdfirm.com/nlrb-upholds-arbitration-agreement-confidentiality/ Mon, 19 Apr 2021 16:06:47 +0000 https://cdfirm.com/?p=6107 In March, the National Labor Relations Board (NLRB) considered the lawfulness of arbitration agreements that require employees to maintain the confidentiality of arbitration proceedings. Since such proceedings may contain unflattering information, both employers and employees may favor keeping them private. But that could restrict an employee’s freedom to discuss workplace matters in violation of Section […]

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In March, the National Labor Relations Board (NLRB) considered the lawfulness of arbitration agreements that require employees to maintain the confidentiality of arbitration proceedings. Since such proceedings may contain unflattering information, both employers and employees may favor keeping them private. But that could restrict an employee’s freedom to discuss workplace matters in violation of Section 7 of the National Labor Relations Act (NLRA).

The Board’s decision in Dish Network, LLC, 370 NLRB No. 97 (2921), concluded that confidentiality provisions in arbitration agreements do not violate Section 7 as far as requiring the proceedings, including discovery, hearings, and awards, to be kept private. They are, rather, shielded by the Federal Arbitration Act (FAA), which cannot be invalidated by the NLRA. However, mandating confidentiality regarding settlements is not covered by the FAA, since a settlement removes the dispute from arbitration. Thus, employees have the right to discuss settlement terms and conditions with fellow employees.

A dissent from recently appointed Chairman Lauren McFerran, however, indicates that this and other NLRB decisions may change in the future. While McFerran agreed with the conclusion that confidentiality cannot be required concerning settlements, she strongly disagreed with the Board’s decision regarding other provisions. The Chairman maintained that preventing employees from discussing other parts of the arbitration with anyone meant that the information must be kept even from a private attorney or the Board itself. McFerran believes that the FAA must yield to the NLRA with respect to confidentiality.

As Biden appointees to the NLRB eventually become the majority, the McFerran dissent likely will become law. Meanwhile, employers should review arbitration agreements with their employment attorney to ensure that the wording cannot be interpreted as preventing employees from discussing arbitration settlements. As always, we are happy to help.

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Maintaining Workplace Safety as States Lift COVID-19 Restrictions https://cdfirm.com/maintaining-workplace-safety-as-states-lift-covid-19-restrictions/ Mon, 22 Mar 2021 17:22:30 +0000 https://cdfirm.com/?p=6104 The COVID-19 pandemic continues to evolve, with cases declining in some areas as vaccinations become more available. However, the U.S. is far from the goal of “herd immunity” and access to vaccines still eludes many Americans. Still, some state officials believe that the progress warrants a lift of restrictions on face masks, capacity, and other […]

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The COVID-19 pandemic continues to evolve, with cases declining in some areas as vaccinations become more available. However, the U.S. is far from the goal of “herd immunity” and access to vaccines still eludes many Americans. Still, some state officials believe that the progress warrants a lift of restrictions on face masks, capacity, and other safety related measures for businesses. Texas, Wyoming, and Mississippi governors recently removed COVID-19 restrictions, while the governor of South Dakota reminded people that his state never had such restrictions. Other states may follow suit.

Employers eager to resume “business as usual” should keep in mind that they still are subject to Occupational Safety and Health Administration (OSHA) requirements for a safe and healthy workplace. That includes evaluating COVID-19 risks and implementing preventive procedures. Most employers need to comply with OSHA guidance to maintain a written COVID-19 prevention plan that outlines company policies for face masks, social distancing, enhanced disinfection, and other measures. President Biden directed OSHA to develop an Emergency Temporary Standard (ETS) to address COVID-19 by March 15, but the agency has indicated that the draft is still under review.

Earlier guidance from OSHA includes recommendations that are likely to be a part of the ETS.

Face masks — Cloth coverings or surgical masks protect the wearer and surrounding people by reducing exposure to droplets and preventing the spread in cases of asymptomatic infection.

Social distancing —  The Centers for Disease Control (CDC) recommends a distance of six feet between employees and customers. OSHA usually follows CDC standards.

Equal treatment regardless of vaccine status — The CDC states that vaccinated employees as well as those unvaccinated need to follow employer safety protocols and guidance, since vaccination does not completely prevent contracting and spreading COVID-19.

Barriers — In places where physical distancing is not possible, barriers must be installed between workers.

Preventive maintenance — Improving ventilation, providing hand sanitizers and disinfectants, and routine cleaning are also part of earlier guidance and may become part of the ETS.

Industry-specific standards — For workplaces that have a higher likelihood of exposure to COVID-19, other requirements may be implemented. A National Emphasis Program issued by OSHA on March 12 describes procedures to protect employees in high-hazard industries.

Changing standards may seem confusing for employers, but a focus on workplace safety will yield appropriate procedures. Keep communications open with employees and customers as you respond to COVID-19. And your employment attorney will be a valuable resource. As always, we are happy to help.

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What Employers Should Expect From President Biden’s COVID-19 Response Strategy https://cdfirm.com/what-employers-should-expect-from-president-bidens-covid-19-response-strategy-a/ Mon, 22 Feb 2021 17:30:21 +0000 https://cdfirm.com/?p=6101 The Biden administration wasted no time in announcing its plan to control the COVID-19 pandemic. On President Biden’s second day in office, he released a 200-page National Strategy for the COVID-19 Response and Pandemic Preparedness, a “roadmap to guide America out of the worst public health crisis in a century.” The strategy puts forth seven […]

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The Biden administration wasted no time in announcing its plan to control the COVID-19 pandemic. On President Biden’s second day in office, he released a 200-page National Strategy for the COVID-19 Response and Pandemic Preparedness, a “roadmap to guide America out of the worst public health crisis in a century.” The strategy puts forth seven goals built around restoring trust, mitigating the spread of COVID-19, mounting an effective vaccination campaign and more, with one result being the restoration of U.S. leadership and preparation for threats in the future. While these are government initiatives, some of the plan’s key provisions directly affect employers.

OSHA directives

An executive order directs the Occupational Safety and Health Administration (OSHA) to revise guidance and issue an emergency temporary standard (ETS) that implements pandemic-related measures such as mask wearing and social distancing while employees are at the workplace. On January 29, OSHA published Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace as a first step. Employers should be certain that they are meeting current safety protocols and those of the ETS, once issued.

The plan also directs OSHA to strengthen enforcement resources for workplace safety violations that put the largest number of workers at serious risk of illness. Details are still to come, but the focus likely will be on businesses with large public-facing workforces (retailers, grocers, health care workers, etc.) and those serving critical infrastructure (public utilities, construction, food processing, etc.). Look for Congress to allocate additional funds for OSHA enforcement to support these efforts.

Pandemic supply chain support

A separate executive order invoked the Defense Production Act to ensure that the supply chain for personal protective equipment (PPE), COVID-19 tests, and COVID-19 vaccines are available for essential workers. The administration will work with state and federal agencies to accelerate manufacturing, delivery, and distribution of crucial supplies. Employers with large, unionized workforces and those supplying critical infrastructure should start to see federal and local government resources available for on-site vaccination programs and education about vaccine benefits.

Paid leave expansion

Biden’s strategy calls on Congress to extend and expand emergency paid leave to workers. The plan seeks to reinstate the Families First Coronavirus Response Act (FFCRA), the mandatory paid leave provisions which Congress did not extend beyond the end of 2020. In the meantime, employers can voluntarily provide FFCRA leave to eligible employees through March 21, 2021, and seek corresponding tax credits.

The Biden administration is moving quickly as it focuses on employee protections and employers should be prepared for the measures most likely to arise, particularly in regard to COVID-19 safety. Consult with your employment law attorney to ensure that your business is in compliance and has sufficient resources to handle forthcoming requirements. As always, we are happy to help.

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Employment Law Changes Under a Biden Administration https://cdfirm.com/employment-law-changes-under-a-biden-administration/ Mon, 18 Jan 2021 16:42:35 +0000 https://cdfirm.com/?p=6097 The inauguration of Joe Biden this week as 45th president of the United States marks the beginning of a dramatic change in trajectory in employment law. While the previous administration has pursued a pro-employer agenda, Biden, who has said that he wants to be the most pro-union president in history, plans to take an aggressive […]

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The inauguration of Joe Biden this week as 45th president of the United States marks the beginning of a dramatic change in trajectory in employment law. While the previous administration has pursued a pro-employer agenda, Biden, who has said that he wants to be the most pro-union president in history, plans to take an aggressive approach to protecting employees in the workplace. Here are some areas to watch in 2021.

Equal employment

The Biden administration has committed to supporting measures that address pay disparity, including a pledge to sign the Paycheck Fairness Act. The act requires that pay differences be based on objective factors such as education, training, or experience. Companies must file reports with the Equal Employment Opportunity Commission (EEOC) that correlate compensation data with employees’ race, sex, and national origin. The act also prevents employers from restricting employee discussion of wage information.

President-elect Biden has stated that he hopes to sign the Equality Act, which prevents discrimination in employment, housing, education, and public accommodation on the basis of sexual orientation and gender identity, in his first 100 days in office. The administration plans to reinstate many Obama-era guidelines that protect the LGBTQ community, in the workplace, including ending the transgender military ban. In addition, Biden has expressed support for expanded protection for pregnant, senior, and disabled employees.

Wages and overtime

The results of the Georgia Senate runoff election open the way for a new push for the Raise the Wage Act that the House of Representatives passed in 2019. The act increases the federal minimum wage to $15 per hour over a six-year period. The bill also phases out the reduced minimum wage currently allowed for certain employees who receive tips.

The Department of Labor under the Biden administration is expected to increase the minimum salary for most employees exempt from overtime to as much as $47,000, while modifying the duties tests for executive, administrative, and professional exemptions. Such legislation may be similar to a 2016 rule under the Obama administration which was declared invalid by a Texas court before implementation.

Paid leave

President-elect Biden supports the expansion of paid leave for employees in the public and private sectors. While legislation may face resistance in Congress, the administration will likely press for 12 weeks of paid leave for many events that currently qualify for unpaid leave under the Family and Medical Leave Act.

Labor/management relations

Pro-worker legislation may include the Protecting the Right to Organize Act (PRO Act), which passed the House in 2020 but stalled in the Senate. The legislation enhances the ability of unions to organize by, among other things, imposing financial penalties against employers that interfere with union organizing efforts. The act also prohibits right to work laws, allows employees to sue employers in federal court over unfair labor practices, and bars employers from permanently replacing strikers.

The National Labor Relations Board has five members appointed by the president for five-year terms. The board currently has one vacancy but will have a Trump-appointed majority until August 2021. General Counsel Peter Robb, who prosecutes NLRB cases and decides which cases have merit, is also a Trump appointee, set to retire in November 2021. Once Biden appointments are in place, look for a number of reversals of Trump-era NLRB decisions.

COVID-19 safety

The immediate priority of President-elect Biden is defeat of the COVID-19 pandemic. The administration is expected to put pressure on the Occupational Safety and Health Administration (OSHA) to more rigorously investigate and penalize COVID-related workplace violations. Unless the COVID-19 vaccines mitigate much of the risk of the virus, Biden may call for OSHA to issue COVID-specific health and safety standards.

Other employment-related changes are certain in the coming year, some which will require timely compliance from your company. A consultation with your employment attorney will help you prepare and avoid potential disruptions in the workplace. As always, we are happy to help.

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