Beltway Buzz, August 11, 2023
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.
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EEOC Issues Proposed Pregnant Workers Fairness Act Regulations
On August 11, 2023, the U.S. Equal Employment Opportunity Commission will publish its proposed regulations on the Pregnant Workers Fairness Act (PWFA) in the Federal Register. The proposed regulations expand upon employers’ responsibilities under the PWFA and contain interpretive guidance expounding on those responsibilities.
Juneteenth Now Recognized by All 50 States on Its Second Anniversary as a Federal Holiday
In 1980, Texas became the first state in the United States to recognize Juneteenth as an official state holiday, and today all 50 states and the District of Columbia have recognized Juneteenth as a state holiday or observance.
Beltway Buzz, June 2, 2023
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.
NLRB General Counsel Says Noncompete Agreements Violate Federal Labor Law
The National Labor Relations Board General Counsel (GC) issued a memorandum on May 30, 2023, declaring her opinion that the “proffer, maintenance, and enforcement’ of noncompete agreements in employment contracts and severance agreements violate the National Labor Relations Act (NLRA) “except in limited circumstances.”
PUMP Act Protections to Express Milk at Work: Remedies to Enforce Take Effect
Remedies for enforcement of the new federal Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), which requires most employers to provide both reasonable break time for employees to express milk for a nursing infant and private spaces to express milk, took effect on April 28, 2023.
Pregnant Workers Fairness Act Mandates Reasonable Accommodations
The recently passed Pregnant Workers Fairness Act (PWFA), set to go into effect on June 27, 2023, will require employers to provide a reasonable accommodation to workers for known limitations related to pregnancy, childbirth, or related medical conditions. The requirement will apply to employers with 15 or more employees, unless the accommodation would cause the employer an undue hardship.
New Year, New State Minimum Compensation Thresholds for Restrictive Covenants
For many employers, a new year is a new opportunity to update policies, procedures, and agreements—including restrictive covenants. In addition to ensuring compliance with applicable state requirements as to timing, consideration, and restrictions, companies need to be aware of applicable compensation minimums for employees being asked to sign noncompetition and nonsolicitation agreements. With the start of the new year, many states have increased minimum compensation floors for such employees.
Paid Leave for Any Reason Coming to Illinois
On January 10, 2023, the Illinois legislature passed the Paid Leave for All Workers (PLFAW) Act, making Illinois just the third state in the country (after Maine and Nevada) to require private employers to provide earned paid leave to employees to be used for any reason. Governor Pritzker has announced he will sign the legislation.
Beltway Buzz, January 6, 2023
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.
FTC Issues Proposed Rule to Ban Non-Competes: Is This the End for Such Agreements?
On January 5, 2023, nearly eighteen months after President Biden signed an executive order directing the Federal Trade Commission (FTC) chair to “consider working with the rest of the Commission to exercise the FTC’s statutory rulemaking authority … to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility,” the FTC has issued a far-reaching notice of proposed rulemaking that would prohibit the use of non-compete clauses and preempt all state laws providing lesser protection than the proposed rule.
CDC Updates Quarantine, Isolation, and Close Contact Guidance: Is It the End of Quarantine for Asymptomatic Close Contacts?
On August 11, 2022, the U. S. Centers for Disease Control and Prevention (CDC) updated its guidance in light of the “high levels of vaccine- and infection-induced immunity and the availability of effective treatments and prevention tools.”
Beltway Buzz, July 15, 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.
Business Necessity of COVID-19 Screening Testing No Longer Presumed Under EEOC Guidance
At the outset of the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) took the position that the Americans with Disabilities Act (ADA) standard for conducting medical examinations (job-related and consistent with business necessity) was always met for COVID-19 viral screening testing. On July 12, 2022, the EEOC updated its position in light of the evolving nature of the COVID-19 pandemic.
Des Moines Passes ‘Ban the Box’ Law Prohibiting Criminal Inquiries on Job Applications
On November 15, 2021, the city of Des Moines, Iowa, passed a “ban-the-box” law that will limit employer inquiries and background checks into an applicant’s criminal history until after a conditional offer of employment. Though the law was passed and has already taken effect, it has received little fanfare and media attention despite its implications for employers.
CDC Drops Masking Recommendations for Most Healthy Individuals
As COVID-19 cases and hospitalizations fall and certain states and localities drop mask mandates, the U.S. Centers for Disease Control and Prevention (CDC) updated its mask guidance on February 25, 2022, dropping public indoor mask recommendations for the majority of groups of individuals.
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).
CDC’s Latest COVID-19 Isolation Protocol Provides Additional Clarification and Includes Guidance on Testing
On January 4, 2022, the U.S. Centers for Disease Control and Prevention (CDC) provided additional guidance in the wake of its December 27, 2021, update to recommended quarantine and isolation periods.
Cook County, Illinois, Issues Proof-of-COVID-19-Vaccination Requirements for Restaurants, Gyms, and Indoor Entertainment Venues
On December 23, 2021, Cook County, Illinois, issued Public Health Order No. 2021-11, joining the City of Chicago in requiring certain indoor establishments (including restaurants, gyms and fitness centers, and entertainment venues) to verify the COVID-19 vaccination status of patrons five years of age and older, effective January 3, 2022.
CDC’s Latest Guidance Shortens Quarantine Duration for Some COVID-19 Positive Individuals
On December 27, 2021, the U.S. Centers for Disease Control and Prevention (CDC) updated its recommendation for lengths of quarantine and isolation in light of what is currently known about COVID-19 and the Omicron variant.
Chicago Issues Proof of COVID-19 Vaccination Requirement for Restaurants, Gyms, and Indoor Concerts
On December 21, 2021, the City of Chicago issued Public Health Order 2021-2, which requires certain indoor establishments (including restaurants, gyms, and entertainment venues) to verify the COVID-19 vaccination status of patrons five years of age and older, effective January 3, 2022. Chicago joins New York City, Los Angeles, and certain Bay Area counties in implementing a proof of COVID-19 vaccine mandate. This news comes as cases of the COVID-19 omicron variant surge in Chicago and sweep the United States at-large.
FTC Signals Interest in Noncompete Clauses
On July 9, 2021, President Biden issued an executive order aimed at promoting competition in the economy, including directing the Federal Trade Commission (FTC) to consider exercising its rulemaking authority “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.”
Iowa Strengthens Medical and Religious Exemptions From Vaccine Policies, Permits Individuals Discharged for Refusing Vaccines to Qualify for Unemployment Benefits
On October 29, 2021, Iowa Governor Kim Reynolds signed House File 902 into law, a measure that requires Iowa employers with mandatory COVID-19 vaccine policies to waive their requirements for employees who seek vaccination exemptions for medical or religious reasons. The law also permits individuals to qualify for unemployment insurance benefits, even when they have been discharged from employment for refusing to receive COVID-19 vaccines.
Beltway Buzz, October 15, 2021
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.
Texas Governor Issues Executive Order Significantly Limiting the Ability of Many Employers to Mandate Vaccines
On October 11, 2021, Governor Greg Abbott issued Executive Order (EO) No. GA-40, prohibiting any entity in Texas from requiring any individual, including an employee, to receive a COVID-19 vaccination if that individual objects to the vaccination “for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19.”
EEOC Brings First Pandemic Disability Discrimination Suit Over Denial of Telework Accommodation
The COVID-19 pandemic has led to an explosion of remote work, including for positions traditionally not considered eligible for remote work. As employers have returned employees to office work environments, some employees who historically worked on-site have requested continued work from home as an accommodation under the Americans with Disabilities Act (ADA). On September 7, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) brought its first lawsuit alleging that an employer had discriminated against a disabled employee by failing to accommodate her by allowing work from home due to her increased risk of COVID-19 and by terminating her employment.
Iowa Supreme Court Examines Private Sector Drug-Free Workplaces Statute
Since it was passed in 1998, Iowa’s Drug-Free Workplaces Act has been one of the most comprehensive and complex drug-testing statutes in the United States. On June 25, 2021, the Iowa Supreme Court issued a pair of decisions—Dix v. Casey’s General Stores, Inc. and Woods v. Charles Gabus Ford, Inc.—that provide an in-depth analysis of the requirements that Iowa’s drug testing statute impose on employers and the level of compliance that employers must achieve to conduct enforceable testing.
Governor Pritzker Signs Illinois Noncompete Legislation Into Law
On August 13, 2021, Illinois Governor JB Pritzker signed into law Senate Bill (SB) 672, an amendment to the Illinois Freedom to Work Act. While the law codifies substantive Illinois common law on restrictive covenants, it also sets forth new and important limitations and requirements regarding the use of noncompete and nonsolicitation agreements.
CDC Issues New Guidance on Masks and Post-Exposure Protocols for Fully-Vaccinated Individuals and Masks for In-Person K-12 Schools
As the delta variant (B.1.617.2, which is one of the genetic variants of SARS-CoV-2) fuels a substantial rise in COVID-19 cases in unvaccinated individuals, the U.S. Centers for Disease Control and Prevention (CDC) updated its guidance on masking and a number of other issues on July 27, 2021.
President Biden Directs the FTC to Curtail the Use of Non-Compete Clauses: Are Changes on the Way?
On July 9, 2021, President Biden signed a sweeping executive order aimed at promoting competition in the economy. The order includes 72 initiatives that President Biden says will address pressing competition problems and promote long-term growth across the economy. Among the initiatives is a direction to the Federal Trade Commission (FTC) chair to “consider working with the rest of the Commission to exercise the FTC’s statutory rulemaking authority … to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.”