Insights on Labor, Employment & OSHA

Chambers USA: America’s Leading Lawyers for Business has recognized 42 Arent Fox LLP attorneys as leaders in their field.

On May 5, the U.S. Department of Labor (DOL) withdrew a Trump-era final rule that would have made it easier for employers to designate workers as independent contractors rather than employees under the Fair Labor Standards Act (FLSA).

On April 29, 2021, the Supreme Court of Virginia reversed the dismissal of claims for negligent hiring or retention, vicarious liability, and negligent infliction of emotional distress where a complaint alleged that a retired pastor, who remained associated with his employer, molested a minor.

On April 27, 2021, President Biden issued Executive Order 14026 requiring contractors to pay a minimum wage of $15.00 per hour beginning January 30, 2022, on contracts entered into, contracts renewed or extended, and options exercised on or after January 30, 2022.

Yesterday, the Department of Labor reported its decision to withdraw a rule, announced on January 6, 2021, distinguishing between employees and independent contractors under the FLSA.

The Ninth Circuit Court of Appeals has issued a long-awaited decision on the question of whether AB5, California’s strict independent contractor misclassification statute, may be applied to motor carriers, or whether the Federal Aviation Administration Authorization Act (FAAAA or F4A) preemption lan

On April 26, 2021 the Equal Employment Opportunity Commission (EEOC) announced that the 2019 and 2020 EEO-1 Component 1 data collection is now open.

The American Rescue Plan Act of 2021 (ARPA) allows employers with fewer than 500 employees to claim refundable tax credits to offset the cost of providing COVID-19-related paid sick and family leave to employees, including leave taken by employees to receive or recover from COVID-19 vaccinations.

On March 31, 2021, Governor Ralph Northam signed the Virginia Overtime Wage Act (VOWA) into law.

On April 8, 2021, in a case of first impression, the Fourth Circuit enforced a provision of an arbitration agreement that required the parties to waive appellate review.

During the COVID-19 pandemic, travel restrictions can change quickly for both lawful permanent residents and others seeking to enter or return to the United States.

As discussed in a previous alert, The American Rescue Plan Act (ARPA) provides 100% subsidized premiums for health care continuation coverage under COBRA for eligible individuals and their dependents.

In a new Field Assistance Bulletin (FAB), the Wage and Hour Division announced that it will return to pursuing liquidated damages from employers found due in its pre-litigation investigations provided that the Regional Solicitor or his/her designee concurs with the liquidated damages request.

With COVID-19 vaccinations increasing, interest has grown in developing COVID-19 passports, digitized verification that the bearer has been fully inoculated against the virus. Last week, however, Florida Governor Ron DeSantis issued an Executive Order banning them in his state.

Employers should ensure they have appropriate policies in place for properly handling confidential medical records.

Employers should be mindful of this new leave law understanding that they may not take any adverse action, discriminate, or retaliate against an employee for requesting leave to receive the COVID-19 vaccine.

The American Rescue Plan Act of 2021 (ARPA) was signed into law on March 11, 2021. One of the significant COVID-19 relief provisions in the bill includes a 100 percent COBRA premium subsidy so eligible individuals can continue getting health insurance for up to six months. The subsidy is available b

The American Rescue Plan Act (ARPA), signed into law on March 11, 2021, provides 100% subsidized premiums (including the COBRA administrative fee) for health care continuation coverage under COBRA for eligible individuals and their dependents.

Considerations for businesses continuing remote work.

DOL announced last week that it would not enforce a final rule requiring fiduciaries subject to ERISA to evaluate investment opportunities based upon financial performance factors, rather than ESG metrics. 

The American Rescue Plan of 2021 (the Rescue Plan) is a massive $1.9 trillion COVID-19 pandemic relief package that contains some key employment-related provisions.

Two recent California appellate decisions will impact wage and hour class actions and representative actions.

On January 21, 2021, the Biden Administration issued an Executive Order outlining its objectives with respect to worker health and safety during the ongoing COVID-19 pandemic.

Arent Fox is proud to announce that Labor & Employment Partner Darrell S. Gay has been named among the most notable Black Leaders and Executives by Crain’s New York. 

Arent Fox is monitoring policy changes by the Biden Administration to provide timely analysis on how they could impact your business.