For the last year, employers have faced unprecedented challenges navigating the impact of the pandemic. Keeping up with scores of new laws, evolving standards, shelter-in-place orders (see our tracker here), quarantine restrictions and more has meant no rest for the weary. And, in the backdrop, there’s the looming threat of employment litigation arising from
Now Available – The Global Employer: Focus On US Business Immigration 2021
Whether you need information about a specific US visa type, or are looking for a high-level overview of employer obligations related to the movement of foreign nationals under US immigration and employment law, this handbook covers a wide range of topics and serves as a go-to desk-side guide for US employers.
The publication is available
Key Changes to US Shelter-In-Place / Reopening Orders [Current as of March 19, 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: Delaware, Nebraska,
The Global Employer: Global Immigration & Mobility Quarterly Update | March 2021
We are pleased to share with you The Global Employer – Global Immigration & Mobility Quarterly Update which is a collection of immigration and mobility alerts and videos from around the world.
Please click here to view.
Government Agencies Eye Larger Targets: How Employers Can Navigate the Increase in Systemic Litigation
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
Masks Up or Down: What Employers Should Consider as States Roll Back COVID-19 Restrictions
Texas is now open for business–100% and without masks. On March 10, 2021, Executive Order GA-34 went into effect, lifting the COVID-19 mask mandate in Texas and increasing capacity of all businesses and facilities in the state to 100%. Except for indoor arenas and K-12 schools, Mississippi has followed suit. Other states have also recently eased mask mandates, increased occupancy limits on restaurants and bars, and rolled back restrictions on stadiums and theaters, while warnings from US infectious-disease experts abound.
It may be tempting for businesses to fully open as COVID-19 restrictions–some of which will soon see their one year anniversary–are pulled back. What should employers keep top-of-mind if the COVID-19 health and safety restrictions in their state or locality are loosened or rescinded?Continue Reading Masks Up or Down: What Employers Should Consider as States Roll Back COVID-19 Restrictions
The DOL Proposes to Nix the Trump Administration’s Joint Employer and Independent Contractor Rules
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
Tying Compensation to Furthering Inclusion and Diversity Goals (Video)
As employers contemplate using compensation to incentivize employees and management toward achieving the company’s I&D goals, our global counselors and litigators share a framework for thinking through both the practical and legal considerations when designing a reward system related to I&D.
Click here to watch the video.
New US State Department Guidance for Certain Business Travelers from the Schengen Area, the United Kingdom, and Ireland (Mobility Minute)
Special thanks to our guest contributors Melissa Allchin and Sandhya Sharma.
In this Mobility Minute, our Global Immigration and Mobility attorneys look at the significant change in who may qualify for travel to the US from the Schengen Area, United Kingdom and Ireland after the revocation of National Interest Exceptions for certain business travelers,
Employers Should Expect New DOJ Anti-Discrimination Moves
Special thanks to guest contributors Ginger Partee and Matthew Gorman.
As the country awaits confirmation of Judge Merrick Garland, President Joe Biden’s pick for attorney general to head the U.S. Department of Justice, employers in the U.S. should begin to consider what a Biden administration DOJ might mean for their workplace.
Biden has appointed