Legislative (Federal and State) Developments

This year has seen an increase in state legislation addressing noncompetition agreements (“non-competes”). Following Washington, D.C.’s passage of a ban on non-competes in January 2021, Oregon, Nevada, and Illinois undertook revisions to their respective non-compete statutes.
Continue Reading 2021 Mid-Year State Non-Compete Legislative Update

The New York State Department of Labor released its anticipated airborne infectious disease standard and sample plan on July 6.  Employers have until August 5, 2021 to adopt or create a plan to comply with the standard.
Continue Reading New York Releases HERO Act Standard, Sample Plan: What Employers Need to Know

President Joe Biden signed a new executive order on July 9, called the Executive Order on Promoting Competition in the American Economy, aimed at cracking down on monopolies in Big Tech, labor and other sectors.  According to a Fact Sheet released by the White House, the Executive Order includes 72 initiatives the President wants over a dozen federal agencies to undertake for the stated purpose of promoting competition throughout the U.S. economy.
Continue Reading President Biden Signs an Executive Order with Potentially Major Implications for Labor Markets

On March 25, 2021, Virginia Governor Ralph Northam signed into law new protections for employees related to the medicinal use of cannabis oil.  Effective July 1, 2021, the newly enacted law will prohibit employers from disciplining, discharging, or discriminating against an employee for his or her lawful use of cannabis oil so long as the use is pursuant to a valid written certification issued by a health care practitioner for the treatment of the employee’s diagnosed condition or disease.
Continue Reading Virginia Enacts Employment Protections For Medical Use of Cannabis Oil

Last month, the State of New York passed legislation which permits New York employees up to four hours of paid leave to receive a COVID-19 vaccination. While this new legislation became effective immediately upon passing on March 12, 2021, employers were left with many questions regarding their obligations under the law. In an effort to resolve some of these questions, the New York Department of Labor issued guidance in the form of FAQs to provide clarification for employers.
Continue Reading NY DOL Releases Guidance on COVID-19 Vaccination Leave

The American Rescue Plan Act signed in March 2021 provides for a 100% COBRA premium subsidy for certain individuals who are eligible for and enroll in COBRA coverage between April 1, 2021 and September 30, 2021. Employers sponsoring health plans should take action quickly to ensure that the subsidy is properly administered and consider its effects on any planned layoffs or other severance events.
Continue Reading COBRA Subsidies Under ARPA: Employer Action Needed

Employers with more than 25 employees must provide COVID-19 supplemental paid sick leave to their California employees under a recent law signed by the Governor.  This new law is broader than California’s prior COVID-19 paid sick leave law and, unlike the prior law, also covers employees who telework. The new sick leave entitlement is retroactive to January 1, 2021 and extends until September 30, 2021. 
Continue Reading California Passes New COVID-19 Sick Leave Requirements for 2021

Since taking office, President Biden has issued Executive Orders covering topics from climate change to mask mandates.  Some of these new Executive Orders are aimed at eliminating discrimination and promoting equity at the federal level.  These directives will likely result in new requirements for private sector companies that are government contractors or subcontractors, and could require them to revise practices and policies in order to keep, or procure new, government contracts.
Continue Reading Executive Orders Impact Federal Agencies and Government Contractors

Last month, Washington, D.C. Mayor Muriel Bowser signed the Ban On Non-Compete Agreements Amendment Act of 2020, which becomes effective next week.  This law is a statutory ban on non-compete agreements that has the strength of similar bans in California, North Dakota, and Oklahoma. 
Continue Reading Washington, D.C. Passes One of the Most Robust Prohibitions on Non-Competes in the Country

Virginia became the first state in the country to pass a workplace safety standard specific to COVID-19 on July 15.  It includes hazard assessment, communication and training requirements, depending on the types of tasks employees perform at work.
Continue Reading Virginia Passes First-in-the-Nation COVID-19 Safety Standard – What it Means for Your Workplace