Labor & Employment - Public Sector Articles

On January 10^th, the U.S. Department of Labor (DOL) released its final rule changing the criteria for how it will classify workers moving forward. This final rule will go into effect on March 11, 2024 and will have a major impact on the gig economy.

This is an important change to how Act 65 and the Sunshine Law have been recently interpreted by the Courts.

On September 29^th, the Equal Employment Opportunity Commission (“EEOC”) proposed updated guidance on workplace harassment. If finalized, the guidance would demonstrate how the EEOC would pursue workplace harassment claims against employers moving forward.

While the Court clarified the meaning of “undue hardship,” it still left employers without clear guidance as to when exactly a request for religious accommodation may be denied. However, the Court provided a number of points that employers should keep in mind.

Employers should expect the recent U.S. Supreme Court’s reasoning to be used to challenge employer Diversity, Equity, and Inclusion (DEI) initiatives and hiring practices.

The PWFA builds upon the protection afforded to pregnant workers by requiring employers to provide reasonable accommodations to a worker’s known limitations as they relate to pregnancy, childbirth, or other related medical conditions, so long as the accommodations will not cause the employer any undue hardship. It is important for employers to familiarize themselves with changes and requirements of the law to ensure they are in compliance, as we will see the PWFA go into effect on June 27, 2023.

On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule that would prohibit employers from enforcing and imposing non-compete agreements on workers. It is debatable whether a final rule will ultimately be published.

The EEOC has just announced the release of the updated poster, “Know Your Rights: Workplace Discrimination is Illegal.” Employers are legally required to display this poster in “a conspicuous location in the workplace where notices to applicants and employees are customarily posted” or face possible penalties.

One of COVID’s most severe impacts was on the unemployment system. The system became incredibly complex to navigate due to significant changes at the federal and state levels. Even today, with the federal benefits having expired, the system still seems unfamiliar and tangled.

This update is regarding the COBRA premium subsidy mandated by the American Rescue Act Plan of 2021 (ARPA) and the notice regarding the availability of the subsidy.

On May 18, 2021, the Internal Revenue Service provided guidance on tax breaks under the American Rescue Plan Act of 2021 for COBRA continuation health coverage.

The American Rescue Plan Act of 2021 (ARPA) includes provisions that immediately impact employers subject to COBRA. For employees or beneficiaries who involuntarily incur a loss of coverage due to termination of employment or reduction of hours from April 1, 2021 through September 30, 2021 ARPA subsidizes the COBRA premium payment through September 30, 2021. For employees or beneficiaries who involuntarily incurred a loss of coverage between November 1, 2019 and April 1, 2021, and who either did not elect COBRA or allowed it to lapse, ARPA creates a current opportunity to elect (or re-elect) COBRA prospectively.

To effectuate an economic furlough, the board of directors of a school district must, no later than 60 days prior to the adoption of a final budget, adopt a resolution of intent to furlough professional employees in the following fiscal year. As school districts are required to adopt final budgets by June 30th, the possible last day to adopt the economic furlough resolution is May 1st.

The CARES Act permits greater access to retirement plan distributions and loans, and a one-year waiver of the Internal Revenue Code’s required minimum distribution rules. Employer sponsors of retirement plans may amend their plans to adopt the relief measures afforded by the CARES Act.

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (“Act”) which will provide some relief to certain American workers and employers in the wake of the coronavirus pandemic. There are two sections of the Act which require covered employers to provide eligible employees with paid leave for reasons related to the pandemic: the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act.