Articles and Blogs

This week the Equal Employment Opportunity Commission (“EEOC”) issued new guidance on how to adhere to the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act amid the COVID-19 pandemic. As we discussed here and reiterated in the new EEOC guidance, the ADA and Rehabilitation Act do not interfere with employers following the Centers... READ MORE

On Wednesday, March 18, 2020, President Trump signed the Emergency Families First Coronavirus Response Act (H.R. 6201) into law. Among other things, the new law creates the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act, each of which creates excused time off and paid leave for certain employees dealing... READ MORE

Citing special circumstances in the national interest, the Office for Federal Contract Compliance Programs (“OFCCP”) has granted a temporary exemption and waiver of federal affirmative action obligations under certain federal contracts. The exemption and waiver applies only to federal contracts entered into between March 17, 2020 and June 17, 2020 for the specific purpose... READ MORE

Updated on 3/17/2020 As we constantly monitor Washington for information relevant to healthcare employers, we have learned that “fluid” is an understatement. In the few hours that it takes to read, digest and summarize acts of Congress for you, the bills have been revised, sometimes dramatically. Accordingly, until the president has signed the FMLA... READ MORE

Employers and employees alike are concerned about many aspects of how COVID-19 will impact their lives. One concern is how to pay for testing and treatment. The first indications of the way forward have come to light. State Insurance Regulators Act At least three states have directed insurance carriers to waive all health plan... READ MORE

Updated on 3/16/2020 With concerns over the spread of a novel coronavirus (“COVID-19”), hospitals and health care providers face a unique situation as employers and care providers. As a result, health care employers will need to navigate a variety of legal obligations in preparing for and responding to potential COVID-19 cases, as well as... READ MORE

States and the federal government are currently expanding laws intended to protect health care workers against workplace violence or raise the penalties for causing harm to health care workers. Workplace Violence Workers in health care settings often face the risk of workplace violence as a result of their interaction with patients and clients. While... READ MORE

The USDA Hemp Producer License Rule and Framework On October 31, 2019, the United States Department of Agriculture (“USDA”) published an interim final rule[1] with request for comments in the Federal Register regarding hemp production (“USDA Hemp Rule” or the “Interim Final Rule”).[2] The USDA Hemp Rule establishes a federal hemp producer license and... READ MORE

We previously wrote about the “quickie” election rules here. On December 13, 2019, the NLRB released new election rules that significantly dialed back several previous amendments. Under the quickie election rules, or “Old Rules,” the median number of days from petition to election had decreased by a total of approximately 15 days.[1] Union Election... READ MORE

This week, the Equal Employment Opportunity Commission (“EEOC”) rescinded a nearly 22-year-old policy opposing mandatory arbitration agreements in employment discrimination disputes imposed as a condition of employment. The 1997 Policy In 1997, the EEOC took the position that “agreements that mandate binding arbitration of discrimination claims as a condition of employment are contrary to... READ MORE