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Volume XI, Number 210

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Evolving Pandemic Regulations, Overtime Rule Under Review, ACA Upheld

 

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).

©2021 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XI, Number 174
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About this Author

Associate

Elizabeth Houghton is an Associate in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green. She focuses her practice on representing clients in employment-related litigation on a broad array of matters, including claims of discrimination, harassment, retaliation, failure to accommodate disabilities, and breach of employment contracts and restrictive covenants.

Ms. Houghton has experience handling disputes before state and federal courts, arbitration panels, and administrative agencies. Before joining Epstein Becker Green, she was...

212-351-4671
George Carroll Whipple III, Epstein Becker Green, Workforce Management Lawyer, Hiring Matters Attorney
Member

GEORGE CARROLL WHIPPLE, III, is a Member of the Firm in the Employment, Labor, and Workforce Management practice, in the New York office of Epstein Becker Green. He hosts the firm's innovative weekly video program, Employment Law This Week.

Mr. Whipple:

  • Counsels employers on workplace issues, including hiring and promotion, firing and discipline, wage and hour, and the implementation of employment policies, to ensure compliance with federal and state laws

  • ...
212-351-3773
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