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Government agencies are increasingly setting their sights on larger targets, ramping up enforcement efforts to root out systemic discrimination. This has important ramifications for employers who may suddenly find themselves defending a claim that, for all intents and purposes, feels like a class action, even though it started as an individual agency charge. With advancements in technology, large data sets on workforces are more common than ever, and government agencies are taking advantage of this and will not hesitate to request data on classes of individuals to search for trends indicating potential discrimination.

EEOC Intensifies Campaign against Systemic Discrimination

In her first public speech since being named as Chair of the EEOC, Charlotte Burrows pledged that the federal government’s workplace civil rights agency will emphasize enforcement of laws to combat systemic discrimination. This commitment to addressing systemic discrimination is consistent with President Biden’s plans to combat racism. (In January, Biden signed an executive order creating a government-wide “racial equity review” and underscoring enforcement of anti-discrimination laws. Read more here.)


Continue Reading Government Agencies Eye Larger Targets: How Employers Can Navigate the Increase in Systemic Litigation

Special thanks to guest contributors Melissa Allchin and Harry Valetk

Our Labor and Employment, Global Immigration and Mobility, and Data Privacy lawyers discuss vaccine passports — what they are, how countries are already using them domestically and for international travelers, data privacy concerns related to the use of digital health documentation, and what employers should

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 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?

  1. 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

As vaccines become more readily available in the US, employers have lots of questions about how this changes the return to the workplace. Here, our Labor and Employment attorneys discuss the vaccine policies and procedures that multinational companies are adopting, as well as the legal and practical considerations to address.

Click here to watch the

As predicted here, on February 19, the DOL formally withdrew gig-worker guidance from the Trump administration. The DOL’s Wage and Hour Administration ditched a pair of interpretative letters from 2019, including one that platform-based companies could have used as a legal defense against claims that their drivers are employees subject to the Fair Labor

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,

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

The DOL’s just-issued final rule on employee vs. independent contractor classifications under the FLSA seems likely to be reversed. On January 20, the White House issued a memorandum to the heads of all executive departments and agencies ordering them to halt all non-emergency rulemaking and regulatory activity issued under the previous administration pending review by

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:  Georgia, Louisiana,