Employment Law This Week® - Episode 215

Welcome to #WorkforceWednesday. This week, we focus on evolving pandemic regulations at both the federal and state levels.

The Evolution of Workplace Pandemic Regulations

Federal agencies and states across the country are adjusting or removing COVID-19-specific rules, while releasing new regulations that have a longer-term horizon meant to be a blueprint for the next phase of COVID-19 and future pandemics. Examples of this phenomenon include the Occupational Safety and Health Administration’s release of its emergency temporary standard for health care and guidance for non-health care businesses as well as New York State’s enactment of the HERO Act and related amendments.

Attorney Liz Houghton discusses what employers can expect as we move forward to this new phase.

DOL Reviewing Overtime Rule

Secretary of Labor Marty Walsh recently made clear that the Department of Labor is reviewing the agency’s overtime rule, with the intention of raising the exempt employee salary threshold. Employers are now bracing for the likelihood of an increase during the Biden administration. Read more.

Affordable Care Act Upheld

Last week in its California v. Texas decision, the Supreme Court rejected states’ challenge to the Affordable Care Act on standing grounds, thus upholding the Obamacare law for a third time. Click for more.

Other Highlights

Expect Diversity and Cybersecurity Disclosure Rules From the SEC

The Securities and Exchange Commission’s spring agenda most notably includes rulemaking around disclosure relating to human capital, including workforce and corporate board diversity, and cybersecurity risk.

Ninth Circuit Rejects Article III Standing to PAGA-Plaintiffs Without Personal Injury

A recent Ninth Circuit opinion offers California employers several takeaways related to litigation under the states’ Private Attorneys General Act (PAGA).