The Department of Labor (DOL) has proposed to put the final nail in the coffin on two Trump era rules under the Fair Labor Standards Act (FLSA) that were favorable to employers. On March 12, 2021, the DOL’s Wage and Hour Division published in the Federal Register both a proposed rule to rescind the Trump administration’s rule on joint employer status under the FLSA and a proposed rule to withdraw the Trump administration’s rule on independent contractor status under the FLSA. In both cases, the DOL is seeking public comments for 30 days (until April 11, 2021). Neither of these proposed rules comes as a surprise to those keeping tabs on the Biden administration’s agenda, but the DOL has not proposed any new guidance, leaving employers wondering what comes next.
Continue Reading The DOL Proposes to Nix the Trump Administration’s Joint Employer and Independent Contractor Rules
The Future is Diverse – Harnessing the Power of Inclusion (Video)
[T]he reason diversity and inclusion and equity of thought drives innovation and creativity is because innovation and creativity aren’t born out of sameness, they’re born out of differences; but people will not share their differences unless they experience belonging.”
Ritu Bhasin
In this video, Baker McKenzie’s Chief Inclusion and Diversity Officer, Anna Brown, moderates a
Key Changes to US Shelter-In-Place / Reopening Orders [Current as of March 5, 2021]
We recently published an update to our 50-state Shelter-In-Place / Reopening Tracker.
Please see HERE. This is updated weekly.
For your convenience, here is a summary of the major updates from around the country:
- The following jurisdictions extended their state-wide orders and/or the duration of the current phase of their reopening plans: Alabama, Colorado,
The CDC Issues Guidance for Fully Vaccinated People
The CDC has issued long-awaited guidance on what fully vaccinated individuals can and can’t do, in the workplace and elsewhere. On March 8, 2021, the CDC issued its Interim Public Health Recommendations for Fully Vaccinated People, its first set of public health recommendations for fully vaccinated people. On the same day, the CDC posted an accompanying webpage entitled “When You’ve Been Fully Vaccinated,” detailing what has and hasn’t changed for people who are fully vaccinated.
What should employers keep top-of-mind given this new guidance?
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Fully vaccinated employees who have been exposed to COVID-19 do not need to quarantine if they are asymptomatic
According to the CDC, employees are considered fully vaccinated:
- 2 weeks after their second dose in a 2-dose series (like the Pfizer or Moderna vaccines), or
- 2 weeks after a single-dose vaccine (like Johnson & Johnson’s Janssen vaccine).
Fully vaccinated employees who have been exposed to someone with suspected or confirmed COVID-19 but who are asymptomatic do not need to quarantine or be tested for COVID-19 following the exposure, because risk of infection is low in a fully vaccinated person.
However, the CDC recommends fully vaccinated employees who do not quarantine still monitor for symptoms of COVID-19 for 14 days following an exposure. If they experience symptoms, they should follow standard protocol: isolate themselves from others, be clinically evaluated for COVID-19 (including being tested for the virus, if indicated), and they should inform their health care provider of their vaccination status.Continue Reading The CDC Issues Guidance for Fully Vaccinated People
Five Trends That Will Reshape the Way We Work
Special thanks to guest contributors John Evason and Monica Kurnatowska.
The pandemic instantly proved that remote work is possible for a large swath of workers, but also brought a sharp focus on issues such as mental well-being, team engagement, productivity, data privacy and cybersecurity risks, and much more.
Simultaneously, as businesses were trying to
Tracking the Revolving Door of Reopening Businesses in the US (Video)
Special thanks to our guest contributor, Teresa Michaud.
In this Quick Chat video, our Employment and Litigation attorneys discuss Baker McKenzie’s US 50 State Shelter-in-Place/Reopening Tracker. This resource is updated weekly and identifies relevant state-wide and local orders and their related expiration dates, as well as reopening plans and a quick reference “What’s Open”
Biden DOL Signals Change to Joint Employer Rule
The US Department of Labor is developing a new regulation on joint employment under the FLSA, a possible first step towards reversing the Trump administration’s business-friendly rule on the joint employer standard.
First Public Notice of Possible New Regulation
On February 23, the White House Office of Information and Regulatory Affairs (OIRA) posted on its
Key Changes to US Shelter-In-Place / Reopening Orders [Current as of February 12, 2021]
We recently published an update to our 50-state Shelter-In-Place / Reopening Tracker.
Please see HERE. This is updated weekly.
For your convenience, here is a summary of the major updates from around the country:
- The following jurisdictions extended their state-wide orders and/or the duration of the current phase of their reopening plans: Colorado, Hawaii,
Key Changes to US Shelter-In-Place / Reopening Orders [Current as of January 29, 2021]
We recently published an update to our 50-state Shelter-In-Place / Reopening Tracker.
Please see HERE. This is updated weekly.
For your convenience, here is a summary of the major updates from around the country:
- President Biden signed a proclamation on January 25, 2021, which restricts and suspends the entry into the United States of
Join Us for FutureWorks: A Series on Renewal Strategies for a Transformed Workplace
Companies are facing critical business challenges in regard to their most important asset – their people. While workforce transformation is not a new concept for global organizations, the pandemic has forced us to rapidly adapt our standard ways of working and how we engage with employees to ensure the long-term viability of the business. We