Beltway Buzz, January 28, 2022
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
Blog
Data Privacy Day Around the World: January 28, 2022
In celebration of Data Privacy Day, we are highlighting some of these laws as well as some global data privacy and protection questions, expectations, and trends that lie ahead in 2022. Without further ado, below are some of the privacy laws from around the world that we anticipate will go into effect in 2022 or that recently went into effect.
DOL Workplace Posters: Same Requirements, Higher Consequences for Noncompliance
Most employers are familiar with the long-standing U.S. Department of Labor (DOL) requirement to post summaries of applicable federal labor and employment laws in the workplace. As a general matter, employers must place posters where they are conspicuous to or “clearly seen” by employees, often in the break room or employee cafeteria. Providing workers access to posters ensures they are informed of their rights under various employment and labor laws.
The California Privacy Rights Act: Employers’ Compliance Obligations and More
Beginning January 1, 2020, certain California employers were required to comply with portions of the California Consumer Privacy Act of 2018 (CCPA) regarding the collection of consumers’ personal information. On November 3, 2020, California voters passed Proposition 24, the California Privacy Rights Act of 2020 (CPRA), which dramatically strengthened and expanded the CCPA. Employers subject to the CPRA must be in compliance by January 1, 2023. The urgency for employers to start those efforts now to meet this compliance deadline is caused by, among other things, the fact that employees have disclosure rights under the CPRA.
DHS Expands STEM-Designated Degree Program List
F-1 nonimmigrant students who have U.S. degrees in certain programs in the fields of science, technology, engineering, or mathematics (STEM) are eligible to apply for a twenty-four-month extension of Optional Practical Training (OPT), in addition to the standard twelve months of OPT available to all F-1 nonimmigrant students.
OSHA Formally Withdraws Its COVID-19 ETS
On January 25, 2022, the U.S. Occupational Safety and Health Administration (OSHA) formally withdrew its November 5, 2021, emergency temporary standard (ETS), which applied to large employees. Since its issuance in November, the OSHA ETS has been the subject of numerous legal challenges, ultimately resulting in a decision by the Supreme Court of the United States to stay enforcement of the ETS indefinitely pending adjudication of legal challenges at the Sixth Circuit Court of Appeals.
California’s Governor Newsom to Bring Back COVID-19 Supplemental Paid Sick Leave
On January 25, 2022, California Governor Gavin Newsom and California legislative leaders announced they have reached an agreement to require employers again to provide COVID-19 supplemental paid sick leave (SPSL), which expired on September 30, 2021.
Cal/OSHA Releases New FAQs on COVID-19 Prevention ETS
On January 24, 2022, the California Division of Occupational Safety and Health (Cal/OSHA) released new guidance in the form of answers to frequently asked questions (FAQs) regarding the COVID-19 Prevention Emergency Temporary Standards (ETS) to further clarify employer obligations.
Nevada OSHA Targets Hospitality Industry
Nevada’s Occupational Safety and Health Administration (Nevada OSHA) is performing targeted inspections of Nevada’s hospitality establishments. Even though Nevada OSHA’s “Inspection Targeting Plan and Emphasis Programs” document was last updated in August 2021, the programmed inspections are continuing with local emphasis programs related to hotels (NAICS 721110) and casino-hotels (NAICS 721120).
New York Appellate Court Stays Mask Mandate Injunction
On January 25, 2022, the New York Appellate Division, Second Department granted a stay of a Nassau County trial court’s injunction of the enforcement of the state’s mask mandate, which went into effect on December 13, 2021. The mandate, which was announced by Governor Kathy Hochul on December 10, 2021, required that masks be worn in indoor public spaces, unless a covered businesses had implemented a mandatory vaccination requirement.
California Announces New Deadline for Filing 2021 Pay Data Reports and Promises Updated Reference Materials
The California Department of Fair Employment and Housing (DFEH) recently posted an announcement on its pay data reporting landing page stating the deadline for filing 2021 pay data reports is April 1, 2022. This is different from last year’s deadline of March 31, 2021, and earlier statements by the DFEH indicating that the filing deadline would be March 31 going forward after last year’s inaugural filing cycle. The announcement also provides notice that new versions of the filing portal, user guide, and template (a spreadsheet document including a blank pay data upload report, instructions, and two sample reports), and other resources will be available on February 1, 2022.
NLRB’s Invitation to File Briefs and Activist General Counsel Signal the Good Old Days May Be Now for Organized Labor
On January 20, 2022, the U.S. Department of Labor’s Bureau of Labor Statistics reported that union membership in the United States had dropped to a historic all-time low. The decline in membership is prompting unions to consider strategies to replenish their depleted ranks with new dues-paying members.
Beyond the OSHA ETS and CMS Rule: What’s Up With Biden’s Executive Orders?
The U.S. Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Testing Standard (ETS) met its demise at the Supreme Court of the United States on January 13, 2022. That same day, the Court allowed a vaccine rule promulgated by the Centers for Medicare & Medicaid Services (CMS) to enforce its healthcare interim final rule. But what’s the status of Executive Orders (EO) 14042 and 14043, which requires certain federal contractors and all executive-agency federal employees to comply with workplace safety rules, including vaccinations? Here’s an update.
Beltway Buzz, January 21, 2022
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
CMS Vaccine Mandate Update: Last, but Not Least, Texas Joins the Rest of the Country
On January 13, 2022, the Supreme Court of the United States issued an opinion staying preliminary injunctions issued in cases filed in Missouri and Louisiana challenging the Centers for Medicare and Medicaid Services’ (CMS) COVID-19 vaccination mandate for healthcare providers. The ruling stayed preliminary injunctions applicable to twenty-four states. Twenty-five states were already subject to enforcement under the CMS rule. This left Texas standing alone and in limbo.
City of Milwaukee Passes Ordinance Requiring Masks to Be Worn in Indoor Public Spaces
On January 18, 2022, the City of Milwaukee Common Council passed an ordinance that would require masks to be worn indoors until March 1, 2022. The city’s acting mayor has not yet signed the order, but he has signaled that he is likely to do so.
Can Discharging Remote Workers Trigger the WARN Act at a ‘Single Site of Employment’?
To say that COVID-19 has presented numerous challenges to employers would certainly be an understatement. One of the changes and challenges that has entered the workforce is the proliferation of work-from-home arrangements. With remote workers, employers have had to alter the ways they recruit, pay, manage, and even discharge employees.
Mexico’s COVID-19 Traffic Light Monitoring System: News for January 10–23, 2022
The COVID-19 Omicron variant has resulted in a slight increase in the rate of infection in Mexico, but the federal government has deemed all of the nation’s 32 states safe to remain open for business, although with cautions for a few of the states.
Recent Inflation Increase Pushes Up OSHA and Other Labor Law Penalties
The recent spike in inflation has now caused a 6.2 percent rise in penalties for violations of the Occupational Safety and Health Act of 1970 and other labor laws.
New York Extends Mask-or-Vaccine Requirement
On December 13, 2021, New York Governor Kathy Hochul instituted a mandate requiring that masks be worn in indoor public spaces, unless a covered business has implemented a mandatory vaccination requirement. The mandate was set to be reevaluated on January 15, 2022. However, as part of her “Winter Surge Plan 2.0,” and before the mandate’s original expiration date, Governor Hochul extended the mask-or-vaccine requirement for an additional two weeks, until at least February 1, 2022. As part of the announcement, the governor indicated that the state would reassess masking requirements in February 2022.
Twin Cities Issue Vaccine Mandates for Restaurants, Bars, and Entertainment Venues
On January 12, 2022, just one week after issuing mask mandates, Minneapolis Mayor Jacob Frey and St. Paul Mayor Melvin Carter issued executive orders mandating that places of public accommodation serving food and drinks indoors require persons to furnish proof of vaccination or negative PCR or antigen tests. Then, on January 13, 2022, and January 14, 2022, respectively, Mayor Carter and Mayor Frey each issued additional emergency regulations amending their January 12, 2022, orders.
Oregon OSHA Announces Stance on Federal Vaccine-or-Test Standard
On January 13, 2022, the Oregon Occupational Safety and Health Division (Oregon OSHA) announced that because the Supreme Court of the United States has stayed the federal Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), it “will not move forward with adopting the same or similar standard in Oregon.”
Minnesota OSHA Pumps the Brakes on Federal OSHA’s COVID-19 Emergency Temporary Standard
Minnesota’s Occupational Safety Administration (MNOSHA) adopted the federal Occupational Safety Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) on January 3, 2022, and began enforcing the rules on January 10, 2022. Yesterday, the Supreme Court of the United stayed the enforcement of the ETS and remanded the case to the Sixth Circuit Court of Appeals, which will now consider the merits of the case.
Duluth Follows Minneapolis and St. Paul in Telling Minnesotans ‘Mask Up!’
As the mayors of Minneapolis and St. Paul did last week, Duluth’s mayor, Emily Larson, issued an indoor mask mandate, effective January 13, 2022, due to the spread of the COVID-19 Omicron variant.
Colorado Cracks Down on Restrictive Covenant Agreements, Authorizing Potential Criminal Penalties
Colorado has enlisted the help of the criminal justice system to reinforce its strong public policy against restrictive covenants. Beginning on March 1, 2022, violations of Colorado’s restrictive covenants statute, C.R.S. § 8-2-113, may subject employers to criminal liability.
Beltway Buzz, January 14, 2022
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
SCOTUS Narrowly Allows CMS Vaccine Mandate to Survive; Preemption Battles to Ensue
On January 13, 2022, in a 5-4 split decision, the Court issued an opinion staying the injunctions against the healthcare interim final rule, which allows the Centers for Medicare & Medicaid Services (CMS) to now enforce its vaccine mandate nationwide (with the key compliance dates now being January 27, 2022, and February 28, 2022).
Supreme Court Stays OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard
On Thursday, January 13, 2022, the Supreme Court of the United States stayed the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS).
Louisiana Employers May Be Able to Discharge Unvaccinated Workers Under Employment-at-Will Doctrine
In a pair of related rulings in Hayes v. University Health Shreveport, LLC, and Nelson v. Ochsner Lafayette General, the Supreme Court of Louisiana held on January 7, 2022, that private Louisiana employers may mandate COVID-19 vaccines for their employees.
Illinois Adopts New Public Employer Rules on Federal OSHA’s COVID-19 ETS
On January 7, 2022, the Illinois Department of Labor (IDOL) filed peremptory rules adopting the U.S. Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). IDOL will require all state and local public employers in Illinois to comply with ETS sections (d)-(l).
