Federal Contractor Update – the Minimum Wage Final Rule, Updates to the Vaccination Mandate and More

There have been several significant developments for federal contractors this month, including the issuance of the final rule implementing a higher minimum wage for certain federal contractors, further revisions to the vaccination mandate, an executive order requiring successor service contractors to offer employment to their predecessor’s employees, and a proposal to rescind the Trump administration’s […]

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NLRB GC Says OSHA’s ETS Will Require Unionized Employers to Bargain Over Implementation

On November 10, 2021 National Labor Relations Board General Counsel Jennifer Abruzzo issued a memorandum expressing her office’s views concerning employer bargaining obligations related to OSHA’s Emergency Temporary Standard (ETS) to Protect Workers from Coronavirus. Although the ETS is currently stayed (as discussed elsewhere in this E-Update), unionized employers must keep this guidance in mind if […]

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EEOC Expands Its COVID-19 Guidance to Address Retaliation

Throughout the pandemic, the Equal Employment Opportunity Commission has continuously updated its COVID-19 Guidance to provide employers with assistance on issues arising under the antidiscrimination laws that it enforces. This month the EEOC added a new section, simply reminding employers of the existing prohibition on retaliation against employees for exercising rights under these laws. This […]

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Where Do OSHA’s Vax-or-Test ETS and CMS’ Vaccination Mandate Stand Now?

As employers likely know, the Biden administration has issued a number of vaccination mandates in various forms – all of which are subject to challenge by States and other interested parties. These include: (1) the Occupational Safety and Health Administration’s Emergency Temporary Standard requiring employers with 100+ employees to require either vaccination or weekly testing […]

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The Eleventh Circuit Provides Guidance to Successor Employers on Workforce Transitions Under the NLRA

In determining that the National Labor Relations Board’s decision finding that the Employer violated the National Labor Relations Act was not supported by substantial evidence, the U.S. Court of Appeals for the Eleventh Circuit provided some guidance to employers on workforce transitions from another employer. The case of Ridgewood Health Care Center, Inc. v. NLRB […]

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Title VII Does Not Prohibit Paramour Preferences

Although noting that, “[w]orkplace favoritism toward a supervisor’s sexual or romantic partner is certainly unfair to similarly situated workers and more than likely harms morale,” the U.S. Court of Appeals for the Ninth Circuit joined its sister circuits in holding that Title VII’s prohibition on sex discrimination does not encompass preferential treatment toward a supervisor’s […]

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What the FDA’s Regular Approval of the COVID-19 Vaccine Means for Employers

On August 23, 2021, Pfizer-BioNTech COVID-19 vaccine received regular approval from the Food and Drug Administration. Moderna has submitted its application for regular approval, and it is expected that such approval is forthcoming shortly. With these developments, certain legal hesitation regarding vaccine mandates – including by employers – has fallen away. Putting political and philosophical […]

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President Biden’s Vaccine Push: Paid Leave for Family Member Vaccinations and Federal Contractor Mandates

On July 29, 2021, President Biden announced additional efforts to increase COVID-19 vaccinations in the U.S. Of interest to employers, these efforts include (1) reimbursements to small and medium-sized employers to provide paid leave for family member vaccinations; and (2) certain vaccine-related mandates applicable to on-site federal contractors, with the intention of expanding those requirements […]

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