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CMS Revises Enforcement Guidance—Again

After the publication of our Legal Alert on the Supreme Court decision lifting the stay on the Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (the “Rule”) published by the Centers for Medicare & Medicaid Services (“CMS”), CMS released additional updates to its interpretive guidance that moved the goalposts (again) for certain states.  The new guidance, […]

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EW
Former Partner

President Biden Issues Executive Order Encouraging Federal Rule Makers to Limit or Ban Non-Competes

On July 9, 2021, President Biden signed the sweeping Executive Order on Promoting Competition in the American Economy, which outlined over 70 wide-ranging initiatives aimed at promoting competition and workers’ interests. One of these initiatives “encouraged” the Federal Trade Commission (“FTC”) to use its statutory rulemaking authority “to curtail the unfair use of non-compete clauses […]

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EW
Former Partner
RB
Former Associate

The American Rescue Plan Act: How the New Legislation Affects Employers

On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA) of 2021. Within this $1.9 trillion relief Bill, Congress extended certain previously enacted COVID-19 stimulus package provisions and expanded on previous measures, providing more relief and creating new obligations. Here, we highlight a few key provisions of the Act relevant to employers.  

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AM
Former Associate
EW
Former Partner
CJ

The New Reality: The Remote Workplace Is Here—Maybe Permanently!

A recent survey conducted by the Society of Human Resource Managers revealed that one of the top employment issues businesses face today is how best to train supervisors to effectively manage a remote workforce.  Close behind supervisory training is the need for a formal, written telework policy.  The workplace strains brought about by the sudden […]

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EW
Former Partner
SP
Partner
RB
Former Associate

Show Them the Money: Colorado’s New Equal Pay Law

Colorado’s Equal Pay for Equal Work Act (the “Act”) goes into effect January 1, 2021. To implement the Act, the Colorado Department of Labor and Employment recently adopted the Equal Pay Transparency (“EPT”) Rules. Here, we summarize certain notable features of the Act and the EPT Rules to help employers with Colorado employees ensure that hiring, […]

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President Trump’s Four Executive Actions Extend Certain Coronavirus Relief Programs, but Create Legal Uncertainty

On August 8, 2020, President Trump issued four executive actions–one executive order and three Presidential Memoranda–aimed at extending various coronavirus relief programs that have already expired, or are set to expire, in the absence of congressional action. These executive actions may be subject to legal challenges, including that the President exceeded his authority by taking […]

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CJ
SP
Partner
JL
Partner
EW
Former Partner

Colorado Enacts the “Healthy Families and Workplace Act”

The new Healthy Families and Workplace Act (“Act”) requires all private employers in Colorado to provide three types of paid sick leave to their Colorado employees: 1) COVID-19 emergency paid sick leave; 2) paid sick and safe time; and 3) public health emergency paid sick leave. Enacted on July 14, 2020, after Governor Polis signed […]

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AA
Former Associate
EW
Former Partner
KB

Employees’ Refusal to Work Over Coronavirus Concerns

As a result of the COVID-19 pandemic, most businesses were faced with making difficult decisions regarding their workforce. The U.S. Bureau of Labor Statistics reported that, in April, the unemployment rate rose to 14.7 percent totaling 23.1 million unemployed. While the number of new unemployment claims appears to be dropping, for the week ending May 2, 2020, […]

Updated EEOC Guidance for Employers Permits Testing for COVID-19

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently published updated and expanded technical assistance addressing questions arising under federal equal employment opportunity laws related to the COVID-19 pandemic. The April 23, 2020 guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” expands on previous guidance and addresses […]

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A Roadmap to Reopening or Resuming Business in the Midst of a Pandemic

As businesses begin to contemplate reopening, what will be the expected norms for employees, vendors, customers, and visitors? Click here for more information.

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