Employment Law Letter

Painful jab: Mayor De Blasio rolls out new vax mandate for businesses

On December 6, 2021, New York City Mayor Bill De Blasio, who is leaving office at the end of the year and likely running for governor in 2022, announced a first-in-the-nation COVID-19 vaccination mandate for workers and...

Dec 31, 2021 · Employment Law Letter · New York

NY law requires employee notice about phone, e-mail, Internet monitoring

Private New York employers must provide written notice to employees before monitoring their electronic communications, according to a new state law taking effect May 7, 2022. Notably, they can still monitor employees’...

Dec 31, 2021 · Employment Law Letter · New York

Biden announces end of worksite immigration raids

The Biden administration has announced the end of worksite immigration raids, but that doesn’t mean employers are off the hook. If anything, the Department of Homeland Security (DHS) is shifting its focus from...

Dec 31, 2021 · Employment Law Letter · Texas

Civil penalties may be coming to NLRA

If enacted into law, President Joe Biden’s Build Back Better (BBB) reconciliation package will drastically expand the National Labor Relations Board’s (NLRB) remedial powers effective January 1, 2022. The BBB measure...

Dec 31, 2021 · Employment Law Letter · Texas

‘Right to control test’ determines classification as independent contractor

Q We need someone to work as an assistant between five and eight hours each week. Can we hire someone as an independent contractor, or does the person have to be classified as an employee? A In Idaho, a worker’s status...

Dec 31, 2021 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

Extending health coverage to employees’ grandchildren

Q Is there any law requiring an employers' group health plan to extend coverage to an employee's covered child's child (the employee’s grandchild)? A Under current law, businesses that employ 50 or more employees are...

How to handle employee’s divisive and mean-spirited e-mails

Q How should we deal with an employee (already on a performance improvement plan (PIP)) whose divisive and mean-spirited e-mails are negatively affecting both coworkers and our external partners? Can we require manager...

Follow these 4 tips to avoid union strikes

Some 450 members of United Steelworkers Local 40 went on strike on October 1, 2021, when the union failed to reach a collective bargaining agreement (CBA) with management at Special Metals, a plant based in Huntington...

Where Arkansas stands on COVID-19 vaccination mandates

Arkansas employers are understandably confused about where they stand on requiring employees to be vaccinated for COVID-19. The situation is very fluid and confused at the moment with (1) federal contractors being told...

Federal court halts implementation of CMS vaccine mandate

We recently provided an update on COVID-19 vaccine requirements in Arkansas (see “Where Arkansas stands on COVID-19 vaccination mandates”). One source of the new rules is the Centers for Medicare and Medicaid Services...

Federal contractor, subcontractor vaccine deadline extended to January 4

Federal contractors (and subcontractors) will have four extra weeks—until January 4, 2022—to vaccinate their workforce against COVID-19, according to the White House. The extension was announced at the same time the...

DHS quickly settles lawsuit filed by H-4, L-2 visa holders

The U.S. Department of Homeland Security (DHS) has settled a lawsuit filed against it by H-4 and L-2 visa holders. The H-4 is a temporary, nonimmigrant visa category for the spouses and unmarried children under 21 years...

Don’t overlook CARES Act tax credit for retaining employees during pandemic

The employee retention credit (ERC) is a fully refundable tax credit against payroll taxes originally enacted as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Its purpose was to encourage...

ND governor signs HB 1511 restricting vaccine mandates

The North Dakota Legislature has passed, and Governor Doug Burgum reportedly signed into law, House Bill (HB) 1511 related to COVID-19 vaccine mandates and documentation with a number of implications affecting employers...

Employer’s transgender bathroom ban violates Illinois Human Rights Act

A transgender person’s access to the bathroom associated with their new identity has become a hot-button issue in society at large. It was therefore no surprise that an Illinois court was asked to weigh in on the issue...

Arkansas Stephen W. Jones of Jack Nelson Jones, PLLC, and Audra Hamilton and Nathan Read of Mitchell Williams
Kansas Boyd A. Byers, Teresa L. Shulda, and Tara Eberline of Foulston Siefkin LLP
Missouri Robert A. Kaiser, Jeremy Brenner, and Ida S. Shafaie of Armstrong Teasdale LLP
Oklahoma Charles S. Plumb, Courtney Bru, Paul Ross, Philip Bruce, and Jacob Crawford of McAfee & Taft

Delaware Lauren Russell of Young Conaway Stargatt & Taylor, LLP
Maryland Steven E. Bers and David M. Stevens of Whiteford, Taylor & Preston, L.L.P.
New Jersey John C. Petrella and Dina M. Mastellone of Genova Burns LLC
Pennsylvania Dena Calo, Lisa Koblin, Carolyn Pellegrini, and Zachary Kimmel of Saul Ewing Arnstein & Lehr LLP
Virginia Jonathan Mook and Bernard J. DiMuro of DiMuroGinsberg PC

Illinois Steven L. Brenneman and Kelly Smith-Haley of Fox, Swibel, Levin & Carroll, LLP
Indiana Brian R. Garrison of Faegre Drinker
Michigan Gary S. Fealk and John T. Below of Bodman PLC
Ohio Fred G. Pressley, Jr., Jourdan D. Day, and John M. Stephen of Porter Wright Morris & Arthur LLP
Wisconsin Saul Glazer, Troy D. Thompson, Michael J. Westcott, Leslie A. Sammon, and Heath Straka of Axley Brynelson LLP

Kentucky Richard S. Cleary, John T. Lovett, Robert D. Hudson, and Kathleen Biggs Wright of Frost Brown Todd LLC
North Carolina Richard L. Rainey of Womble Bond Dickinson (US) LLP
South Carolina Richard J. Morgan, James K. Gilliam, Jonathan C. Eggert, and Chandler E. Aragona of Burr & Forman LLP
Tennessee Kara E. Shea and David Johnson of Butler Snow LLP
West Virginia Larry J. Rector and Allison B. Williams of Steptoe & Johnson PLLC

Alabama Albert L. Vreeland and David J. Middlebrooks of Lehr Middlebrooks Vreeland & Thompson, P.C.
Florida G. Thomas Harper of The Law and Mediation Offices of G. Thomas Harper, LLC, Lisa Berg and Andrew Rodman of Stearns Weaver Miller, and Robert J. Sniffen and Jeff Slanker of Sniffen & Spellman, P.A.
Georgia Raanon Gal of Barnes & Thornburg LLP, Glianny Fagundo of Thompson Hine LLP and Chris Butler of the Chris Butler Firm
Louisiana H. Mark Adams and Jennifer Kogos of Jones Walker LLP
Mississippi Martin J. Regimbal of The Kullman Firm

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