Labor & Employment

VIII-145 – Status Update: Injunctions for FTC Noncompete Ban and DOL Overtime Exemption Regs

In the latest episode of Employment Law Now, Michael Schmidt discusses the latest updates on the FTC’s noncompete ban, the DOL’s new overtime exemption regulations, and the Supreme Court's end-of-term decision.

Listen here.

Labor and employment is a constantly changing practice area governed by a profusion of interrelated federal, state, and local laws and regulations. Now more than ever counsel on the cutting edge is essential. Cozen O’Connor has a dedicated team of labor and employment lawyers who focus on keeping clients informed and protected.

Our full-service labor and employment department represents a broad range of entities: exchange-listed companies, private enterprises, nonprofits, governments, and trade associations. We handle high-stakes employment litigation, including individual and class claims of discrimination, harassment, wage and hour violations, defamation, wrongful discharge, and issues involving restrictive covenants, noncompetes, nonsolicitation, and nondisclosure of confidential information. We appear regularly before federal and state courts, agencies and departments (such as the EEOC, NLRB, DOL, IRS, OSHA, and ICE), and arbitrators. We also handle traditional labor law matters, helping employers foster positive workplace relations, negotiate collective bargaining agreements, and handle labor arbitrations and unfair labor practice proceedings.

When a specific labor or employment issue arises, clients immediately face the competing goals of vigorously refuting accusations or adverse precedents, and restoring a sense of calm and unity of purpose to the workplace. Cozen O’Connor attorneys guide clients through these and other complex situations and enable them to take decisive action without compromising operational effectiveness. We are keenly aware that the legal response must operate in harmony with the business goals.

One of our greatest assets in this endeavor is the depth of our trial and courtroom experience. We have dozens of lead attorneys who routinely appear in court, agency and arbitration proceedings, giving us tremendous insight into how a case is likely to play out in a litigation setting. That hard-earned knowledge serves our clients well as we partner with them to decide upon a strategic approach.


Employment Litigation

  • Investigate employee claims or government inquiries
  • Defend clients against individual or class (collective) action lawsuits
  • Represent employers in suits alleging discrimination and harassment on the basis of age, race, religion, national origin, gender, sexual orientation, disability, and other areas protected under federal, state and local law
  • Represent employers in cases involving defamation, invasion of privacy, trade secrets and restrictive covenants, duty-of-loyalty claims, equal-pay disputes, employment benefits disputes, pension and benefit plan fiduciary liability, wage-and-hour claims, whistle-blowers, and wrongful-discharge claims
  • Advocate for clients in trade secrets and restrictive covenant cases

Employer Advising, Training and Investigations

  • Assist in the resolution of individual workplace problems
  • Create effective employee benefits and executive compensation programs
  • Advise in-house counsel, human resources professionals, and executives in the development of sound personnel policies that limit liability and enhance productivity
  • Train staff to ensure fair and consistent enforcement of personnel policies
  • Perform workplace audits and internal investigations
  • Review and draft employment policies and manuals, as well as employment and termination/severance agreements

Labor Relations & Disputes

  • Help managers build cooperative relationships with their workforce, unionized or not
  • Advise clients on NLRB regulations and represent employers in inquiries and hearings
  • Evaluate and implement alternative labor-management relationships
  • Negotiate collective bargaining agreements and handle arbitration proceedings
  • Respond to strike threats, work stoppages and mass picketing
  • Defend employers against charges of unfair labor practices, including those alleging unlawful termination, failure to bargain in good faith, and interference with employee rights


Our clients operate in diverse industries, including:

  • Chemical
  • Education
  • Energy and utilities
  • Financial services
  • Government
  • Health care
  • Hospitality
  • Retail
  • Technology
  • Transportation and logistics


Our attorneys have been commended by independent legal observers for their “outstanding client service” and identified as some of the “most prominent employment defense attorneys” in the country. The team includes fellows of the College of Labor and Employment Lawyers and fellows of the American College of Trial Lawyers. Members of our team are regularly recognized by leading publications such as Chambers USA, Best LawyersSuper Lawyers, and others. Most recently, two senior members of the department were recognized among "The Nation's Top 100 Most Powerful Employment Attorneys" by Human Resource Executive magazine.

As many large law firms trim their labor and employment practices and once-small boutiques expand into national litigation factories, Cozen O’Connor is steadfast in its conviction that the most sophisticated labor and employment matters are best served by practitioners operating within a full-service firm. Our labor and employment attorneys work closely with their colleagues in corporate, tax, M&A, real estate, and antitrust law to see all sides of an issue and provide comprehensive analyses. In addition, Cozen O’Connor attorneys do not churn out canned solutions to generic problems. Our clients demand tailored, timely advice that is informed by a genuine understanding of their business – and that’s what we provide.

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PAGA Reform: A Win for Employers in California [Alert]

July 16, 2024

Michele Miller and Brett Greving discuss the new reforms to PAGA (California's Private Attorneys General Act) and what the impact will be on employers.

VIII-145 - Status Update: Injunctions for FTC Noncompete Ban and DOL Overtime Exemption Regs [Employment Law Now Blog]

July 08, 2024

Where are things right now with the injunction decisions on the FTC's noncompete ban and the DOL's new overtime exemption regulations? Today's new episode provides the latest updates, while also discussing the Supreme Court's end-of-term decision with significant ramifications, and what employers...

OSHA Publishes Proposed Heat Standard [Alert]

July 08, 2024

John Ho discusses OHSA's new proposed national heat illness and injury standards.

NLRB 10(j) Injunctions Must Meet the Traditional Injunction Test [Alert]

June 20, 2024

Dan Johns and Kelly Kindig discuss the Supreme Court's recent ruling that district courts must use the traditional four-factor test for preliminary injunctions sought by the NLRB.

OSHA Issues Guidance On Whether Musculoskeletal Treatments Are Recordable [OSHA Chronicle Blog]

June 12, 2024

In an enforcement memorandum dated May 2, 2024, OSHA provided guidance on whether musculoskeletal injuries are recordable under three treatment scenarios: first aid, Active Release Technique (ART) (massage that targets soft tissues), and exercises and stretching. In doing so, OSHA reminded...

OSHA Mid-Year Rulemaking Update [OSHA Chronicle Blog]

May 22, 2024

As we head into the midway point of 2024, we wanted to provide a brief update on significant OSHA rulemaking developments. Heat Stress: OSHA recently took a critical step in implementing its long-awaited heat stress rule by presenting the draft rule’s initial regulatory framework at a meeting of...

New York Is First State to Offer Employees Paid Prenatal Personal Leave

May 14, 2024

Janice Agresti discusses New York State's new requirement that private employers offer their employees a paid prenatal personal leave entitlement.

VIII-144 - Current AI Regulatory Landscape and Employer Best Practices [Employment Law Now Blog]

May 02, 2024

I am joined by my Cozen O'Connor colleague, Jeff Klamut, to summarize the current regulatory landscape involving artificial intelligence and what employers should be thinking about right now. Download this episode....

FTC Issues Final Rule Banning Employee Non-Compete Agreements [Alert]

April 25, 2024

The FTC has issued a Final Rule banning all new noncompete agreements for workers, including senior executives, effective 120 days after publication in the Federal Register.

VIII-143 - Federal Agency Update (Part 2 of 2) [Employment Law Now Blog]

April 24, 2024

In this second part of a two-part series, I discuss the FTC's new ban on non-competes from yesterday, the DOL's new overtime exemption rule from yesterday, and OSHA's recently-released "walkaround rule." Hear what has just happened and what it means for employers. Download this episode....

VIII-142 - Federal Agency Update (Part 1 of 2) [Employment Law Now Blog]

April 22, 2024

In this first part of a two-part series, I discuss significant recent employment law developments coming out of the primary federal agencies: The U.S. Department of Labor, the EEOC, the FTC, and OSHA. Here what has just happened and what it means for employers. Download this episode....

Employers Beware Of NLRB Changes On Bad Faith Bargaining [Law360]

April 10, 2024

Daniel Johns authored a Law360 article discussing the National Labor Relations Board’s (NLRB) recent focus on holding employers accountable for bad-faith bargaining.

The Only Constant is Change: Colorado Employment Law Updates [Alert]

March 20, 2024

A comprehensive overview of Colorado employment law changes and updates.

Do Recent Changes and Legal Challenges to the Independent Contractor Test Affect OSHA? [OSHA Chronicle Blog]

March 06, 2024

Businesses have struggled with the determination of who is an independent contractor vs employee for many decades. One of the challenges rests with the fact that the applicable legal test may be different depending on the area of law at issue. Thus, employers could find themselves in a situation...

VIII-141 - DEI Perspectives From EEOC Commissioner Andrea Lucas [Employment Law Now Blog]

March 01, 2024

In today's episode, current EEOC Commissioner Andrea Lucas discusses whether the Supreme Court's recent DEI ruling has changed the landscape for Title VII claims, as well as the 11 best practices that employers should consider with their DEI initiatives. Download this episode....

The Five Work Languages: A Guide for the Legal Profession to Bridge Generational Gaps

February 15, 2024

Nicole Su and Honorable Judge Stephanie Jones co-authored a white paper on bridging the gap between generations within the legal landscape.

Supreme Court Defines "Contributing Factor" Standard in Whistleblower Cases [Alert]

February 13, 2024

The Supreme Court issued its long-awaiting decision in Murray v. UBS Securities, lowering the bar for whistleblowers to win retaliation claims, requiring only "contributing factor," not "retaliatory intent."

VIII-140 - 7th Anniversary Episode: The Current State of Politics for Employers [Employment Law Now Blog]

February 07, 2024

In today's special 7th anniversary episode, I bring back my inaugural and annual guest, Howard Schweitzer, to discuss the current state of politics in this election year and the impact on employers. Download this episode....

FY2025 H-1B Lottery Registration Begins [Alert]

February 05, 2024

U.S. Citizenship and Immigration Services announced that the initial registration period for the FY2025 H-1B Cap Lottery will open on March 6, 2024, and run through March 22, 2024.

USCIS Fee Increase: What You Need to Know to Plan Your 2024 Immigration Budget [Alert]

January 31, 2024

Scott Bettridge and David Adams discuss the USCIS fee increases and what you need to know to plan your 2024 immigration budget.

ETIAS Will Launch in 2025: Impact on Over 1 Billion Travelers to Europe [Alert]

January 19, 2024

The European Travel Information and Authorization System roll-out has been postponed to 2025. Scott Bettridge and David Adams discuss what to expect.

OSHA Increases Maximum Civil Money Penalties to Start the New Year [OSHA Chronicle Blog]

January 17, 2024

Pursuant to the Federal Civil Penalties Inflation Adjustment Act, OSHA increases the maximum penalties for serious and other-than-serious violations from $15,625 per violation to $16,131 per violation. In addition, the maximum penalty for willful or repeat violations increased from $156,259 per...

NLRA Expansion May Come With Risks For Workers [Law360]

January 08, 2024

Daniel Johns authored an article about the rapid expansion of the National Labor Relations Act (NLRA) coverage and how it affects the workplace.

And a (Happy?) New Year! [Alert]

January 03, 2024

Cassie Jacobsen offers a comprehensive overview of crucial updates to employment law in Minnesota that businesses should be mindful of in 2024.

Renewal of H-1B Nonimmigrant Visas in the United States [Alert]

January 03, 2024

Kelli Natrin and Fran Rayer discuss the Department of State's domestic visa renewal pilot program to alleviate backlogs and wait times at consulates abroad.

OSHA’s Cold Stress Guidance [OSHA Chronicle Blog]

December 21, 2023

As we head into the New Year, it is a good time for businesses to review OSHA’s cold stress guidance (link below). OSHA reminds employers that monitoring the wind chill temperature and workers’ physical condition while performing tasks will help them assess cold stress exposure and assist them in...

H-1B Worker Domestic Visa Renewal Pilot Program [Alert]

December 04, 2023

The State Department recently announced a new pilot program for H-1B visa holders allowing them to renew their H-1B visa stamps while remaining in the U.S.

Fifth Circuit Refuses to Enforce the NLRB’s Ban on Uniform Requirements [Alert]

November 27, 2023

Aaron Holt and Silvia Chicas discuss the Fifth Circuit’s decision in Tesla, Inc. v. National Labor Relations Board, which is a victory for employers seeking to enforce their uniform requirement.

VII-139 - An Interview With an Employee-Side Attorney on L&E Issues [Employment Law Now Blog]

November 22, 2023

Today I am joined by Hope Pordy, Esq., a Partner with the law firm of Spivak Lipton in New York, who represents employees and unions in a wide range of labor and employment matters. Hope provides insight on the "employee side" of issues ranging from confidentiality, arbitration, and separation...

Generative AI and Its Workplace Implications

November 15, 2023

Nandini Sane contributed an article to The Houston Lawyer discussing the rapid advancement of generative AI.

Westray Bill Gaining Traction Across Canada [OSHA Chronicle Blog]

November 07, 2023

Guest Author: Norm Keith, B.A.(Econ), J.D., LL.M. Mr. Keith is a leading management-side employment and labor lawyer, the author of 12 books, 8 of which deal with OHS, and is a senior partner at the law firm of KPMG Law LLP, and may be reached at: The enduring legal legacy of...

VII-138 - An Interview With the DOL, EEOC, and NLRB [Employment Law Now Blog]

November 06, 2023

In today's new episode, I interview high-level officials from the United States Department of Labor (Solicitor of Labor Seema Nanda), the United States EEOC (Commissioner Andrea Lucas), and the NLRB (General Counsel Jennifer Abruzzo) to discuss what employers can expect from their respective...

Cozen O'Connor Immigration Catch Up: October 2023 [Alert]

November 06, 2023

Scott Bettridge and David Adams highlight immigration updates from the month of October.

VII-137 - Training Managers to Manage and Avoiding The Peter Principle [Employment Law Now Blog]

October 30, 2023

In today's episode, I discuss the danger in managing to The Peter Principle, and the Top 5 issues every employer should consider including in manager training. Download this episode....

USCIS Offers Clarification of Policy on L-1 Petition [Alert]

October 23, 2023

Last week, USCIS issued policy guidance clarifying two points with respect to the L-1 petition for intracompany transferees.

New Law in NY Prohibits Certain Employee Invention Assignment Agreements [Alert]

October 16, 2023

Michael Schmidt discusses the new law that will impact long-held policies and practices and require employers to review their policies and form agreements.

Cozen O'Connor Immigration Catch Up: September 2023 [Alert]

October 04, 2023

Scott Bettridge and David Adams highlight immigration updates from the month of September.

VII-136 - Summer 2023 Wrap-Up Part 2 [Employment Law Now Blog]

October 02, 2023

In this second of two parts to wrap up the Summer of 2023, I discuss the EEOC's extensive new harassment guidance and proposed regulations to implement the Pregnant Workers Fairness Act, federal AI legislation, an interesting development in the law on retaliation, and the NLRB's new/old rule on...

2025 Diversity Visa Lottery Registration [Alert]

October 02, 2023

Frances Rayer and Elizabeth Olivera outline the process for the 2025 Diversity Immigrant Visa Program/Green Card Lottery, opening on Thursday, October 5, 2023.

NLRB GC Brief Portends Hefty Labor Law Transformation [Law360]

September 08, 2023

Daniel Johns authored an article about an April brief filed with the National Labor Relations Board (NLRB) on behalf of NLRB general counsel Jennifer Abruzzo.

Are Random Acts of Violence Recordable OSHA Injuries? [OSHA Chronicle Blog]

September 06, 2023

According to a recent OSHA standard interpretation letter, probably yes. In the May 17, 2023 letter, an employee drove the company vehicle on a public roadway between service calls. As the employee approached a car accident, the driver who caused the accident entered the company’s vehicle, shot the...

VII-135-Summer 2023 Wrap-Up Part 1 (NEW DOL OVERTIME RULE) [Employment Law Now Blog]

September 05, 2023

Today's episode is the first of two parts wrapping up the big developments and trends coming out of the Summer of 2023. In this Part 1, we discuss the United States Department of Labor's proposed new overtime exemption rule: what it says, what it does not say, and when it might be...

AI in the Workplace: Benefits and Potential Drawbacks [Daily Business Review]

August 30, 2023

Sam Edelstein authored an article about the impact of artificial intelligence on the workplace.

VII-134-Panel Discussion on Supreme Court's Affirmative Action Ruling and the Impact on Employer DEI Programs [Employment Law Now Blog]

August 29, 2023

I am joined by a panel that includes EEOC Commissioner Andrea Lucas and Cozen O'Connor Labor & Employment Attorneys Debra Friedman and Alan Pittler to discuss the Supreme Court's June 29, 2023 decision on affirmative action, and the implications on educational institutions AND private employer...

USCIS Field Office Appointments Can Now Be Scheduled Online [Alert]

August 22, 2023

USCIS announced a new online form for individuals, attorneys, and accredited representatives to request an in-person appointment without having to call.

Third Circuit Court Opines on Donning and Doffing Under FLSA [Alert]

August 22, 2023

The Third Circuit Court of Appeals clarified when employee's donning and doffing activities may be compensable under the Fair Labor Standards Act, establishing that assessing a job’s risks is, in and of itself, insufficient for determining whether changing into and out of gear is compensable.

Fifth Circuit Overturns Ultimate Employer Decision Requirement, Expanding Anti-Bias Rights [Alert]

August 21, 2023

The Fifth Circuit Court of Appeals reversed its precedent on limited adverse employment actions such as hiring, firing, and promotions, changing the landscape of all employment discrimination claims brought in the Fifth Circuit.

Virtual Form I-9 Inspection Pilot Program for Non-E-Verify Employers [Alert]

August 03, 2023

DHS has proposed a new pilot program for virtual Form I-9, Employment Eligibility Verification inspections that would apply to employers not currently enrolled in E-Verify.

SCOTUS: Denial of Religious Accommodation Requires More Than De Minimis Cost to Employers [Alert]

July 06, 2023

The Supreme Court has ruled that employers can no longer use a de minimis increase in cost as a defense for not providing a religious accommodation.

Understanding the stages of brief [Minnesota State Bar Association]

July 05, 2023

Cassandra Jacobsen co-authored an article about the "stages of brief" she and other lawyers go through when assigned a substantial writing project.

New York Assembly Passes Bill to Ban Non-Competes [Alert]

June 22, 2023

On June 20, 2023, the New York State Assembly passed S3100A (Ryan)/A1278B (Joyner) on non-compete agreements and certain restrictive covenants.

Non-Competes: The NLRB Has Entered The Chat [Alert]

June 09, 2023

The National Labor Relations Board (NLRB) has issued a memorandum that could make it more difficult for employers to enforce non-compete agreements.

A Third Party in New Jersey May be Unable to Avoid Fee Awards Under an Exception to the American Rule [Alert]

May 23, 2023

The New Jersey Appellate Court ruled that, under an exception to the American Rule, a third party can be liable for attorneys’ fees in certain situations.

What Minnesota’s Imminent Ban on Non-Competes Means for Employers [Alert]

May 18, 2023

Minnesota’s employment landscape is on the brink of significant transformation as proposed legislation banning almost all non-compete agreements progresses.

Florida Bill 1718: Potential Impact on Employers and Employees in Florida [Alert]

May 12, 2023

The bill targets the influx of illegal immigration into the state with tougher employment requirements and adding some of the strongest penalties in the nation.

FY2024 H-1B Registration Recap [Alert]

May 10, 2023

USCIS received enough electronic registrations during the initial registration period to reach the FY 2024 H-1B cap.

I-9 Inspection Changes Beginning August 30, 2023 [Alert]

May 10, 2023

DHS and ICE announced that employers will have 30 days to reach compliance with Form I-9 requirements after the COVID-19 flexibilities sunset on July 31, 2023.

NLRB GC Memos Complicate Labor Law Compliance [Law360]

May 10, 2023

Daniel Johns authored an article discussing the concerns raised by the current National Labor Relations Board (NLRB) General Counsel memos.

NLRB Makes it Harder to Discipline Employees who Engage in Abusive Behavior [Alert]

May 04, 2023

The NRLB recently revisited the issue of what happens when an employee engages in abusive or inappropriate conduct while protected by Section 7 of the NLRA.

USCIS Extends Temporary Suspension of Biometrics Submission [Alert]

April 19, 2023

USCIS has extended the temporary suspension of the biometrics submission requirement for certain applicants filing Form I-539.

State and Local Legislators Are the ‘Tail Wagging the Dog’ When It Comes to Federal Employment Litigation Impacting Retailers [Retail Industry Leaders Association]

April 19, 2023

Michael Schmidt, Steven Millman, and Austin Dieter authored an article about the unprecedented number of state and local laws that retail employers face.

Selecting Gender on USCIS Forms [Alert]

April 05, 2023

USCIS announced requestors may select their gender on USCIS forms (or change a prior gender selection) without the need to provide supporting documentation.

USCIS Removed 60-Day Rule for Form I-693 [Alert]

April 05, 2023

USCIS announced it will be issuing policy guidance to remove the requirement that the civil surgeon's signature be dated no more than 60 days before filing.

USCIS Updates Policy on Time Frames for Paper-Based Filings and Responses [Alert]

March 31, 2023

USCIS announced that it will now consider a filing or response submitted on paper timely if it is received by the end of the next business day.

USCIS Completes H-1B FY24 CAP Initial Electronic Registration Selection Process [Alert]

March 28, 2023

USCIS announced it received enough electronic registrations during the initial registration period to reach FY2024 H-1B numerical allocations (H-1B Cap).

USCIS Ends COVID-Related Flexibilities [Alert]

March 28, 2023

USCIS announced that certain flexibilities it first announced in March 2020 to address the COVID-19 pandemic will end on March 23, 2023.

NLRB Issues Guidance on Non-Disparagement & Confidentiality Clauses [Alert]

March 23, 2023

The NLRB recently overturned decades of precedent to hold that non-disparagement and confidentiality provisions are broadly unlawful when imposed on employees.

Evidence of Status for Legal Permanent Residents [Alert]

March 22, 2023

USCIS recently announced a new process for lawful permanent residents to receive temporary evidence of their lawful permanent resident status by mail.

Third Circuit Rules PTO Not Salary in Win For Employers [Alert]

March 20, 2023

The U.S Court of Appeals for the Third Circuit held that paid time off does not constitute salary for purposes of the Fair Labor Standards Act.

Illinois to Implement Guaranteed Paid Leave for All Workers [Alert]

March 15, 2023

Employers statewide who do not currently offer paid leaves equal to or in excess of 40 hours per year should make appropriate preparations to comply.

Off-Duty Recreational Cannabis Use [Practical Law The Journal]

March 01, 2023

Ed Langhammer contributed to the March edition of the GC Agenda about California law AB 2188.

Secure Act 2.0 [Alert]

February 23, 2023

SECURE Act 2.0 is one of the most significant pieces of retirement plan legislation in recent memory and contains new rules impacting every kind of retirement plan.

Ninth Circuit Nixes California’s AB 51, Reopening the Door for Mandatory Employment Arbitration [Alert]

February 16, 2023

A Ninth Circuit panel ruled that California’s Assembly Bill (AB) 51 was preempted by the Federal Arbitration Act (FAA) and is unenforceable.

Biometrics Update: Class Plaintiffs Have 5 Years to Bring Claims Under Illinois’s BIPA [Alert]

February 06, 2023

Max Kaplan discusses the Supreme Court of Illinois's decision in Tims v. Black Horse Carriers, Inc., ruling that BIPA is subject to the five-year, catch-all statute of limitations.

How Cos. Can Avoid Sinking In The Union Organizing Storm [Law360]

February 02, 2023

Daniel Johns authored an article about the rise in union organizing and how employers can handle it.

FY2024 H-1B Cap Lottery Registration [Alert]

January 30, 2023

USCIS announced that the initial registration period for the FY2024 H-1B Cap Lottery will begin on March 1, 2023, and run through March 17, 2023.

Department of Labor Proposes New Self-Correction Option for Retirement Plan Prohibited Transactions [Alert]

January 27, 2023

The U.S. Department of Labor has proposed an update to its voluntary fiduciary corrections program to allow fiduciaries to correct errors in retirement plans.

USCIS Will Bundle Processing of I-129, I-539, and I-765 Applications [Alert]

January 25, 2023

As the result of a settlement of a class action lawsuit challenging H-4 and L-2 adjudication delays, USCIS has agreed to resume bundling some applications.

CA Court of Appeal Calls Into Question Evidentiary Value of E-Signatures [Alert]

January 24, 2023

The California Court of Appeal recently issued a troubling decision regarding the evidentiary value of electronic signatures.

USCIS Extends Green Card Validity for Some Conditional Permanent Residents [Alert]

January 24, 2023

USCIS announced it will extend the validity of Green Cards for those who properly file Form I-751 for 48 months beyond the card’s expiration date.

IRS Proposes to Permanently Allow Remote Witnessing of Spousal Consents [Alert]

January 18, 2023

On December 29, 2022, the IRS issued proposed regulations that would permanently allow retirement plans to accept remote participant elections and spousal consents.

USCIS Announces Final Phase of Premium Processing Expansion [Alert]

January 13, 2023

USCIS announced it is implementing the final phase of its planned premium processing expansion for Form I-140.

Four Things You Need to Know About Website Accessibility Claims in California [Alert]

January 11, 2023

When businesses fail to ensure that their website are accessible to the visually impaired, they risk facing a barrage of expensive lawsuits.

Will Pay Transparency Laws Level the Playing Field? [Alert]

January 10, 2023

The new pay transparency laws across the country may point to a cultural shift underway toward an expectation of transparency and a desire to reduce the pay gap.

FTC Proposes Rule to Ban or Limit Non-Compete Agreements [Alert]

January 09, 2023

President Biden's Executive Order in July 2021 encouraged the FTC to ban or limit non-compete agreements. The FTC proposed the ban on January 5, 2023.

USCIS Proposes Rule to Adjust Certain Immigration and Naturalization Fees [Alert]

January 09, 2023

USCIS published a Notice of Proposed Rulemaking to adjust certain benefit request fees, which haven’t been changed since 2016.

Free speech, the Supreme Court and social media, oh my! [Benefits Pro]

January 05, 2023

Aaron Holt authored an article on the future of online speech and regulations.

Update to California’s New Pay Disclosure Requirements [Alert]

January 05, 2023

Senate Bill 1162 imposes significant new pay scale disclosure requirements on California employers.

What’s New in Workplace Safety, Pay Equity, and Job Classification [Bloomberg Law]

January 03, 2023

John Ho and Janice Sued Agresti highlight what employers can expect in the year ahead from OSHA and the Department of Labor on workplace safety, pay equity, and employee classification.

USCIS Updates Policy to Automatically Extend Green Cards for Naturalization Applicants [Alert]

December 12, 2022

Effective Dec. 12, 2022, USCIS will automatically extend the validity of Green Cards for lawful permanent residents who have applied for naturalization.

Non-U.S. Nonimmigrants to Provide Proof of COVID-19 Vaccination [Alert]

November 09, 2022

The TSA has extended the requirement for all nonimmigrant foreign nationals to present proof of being fully vaccinated prior to entering the United States.

Don't Ignore NLRA When Using Employee Resource Groups [Law360]

November 03, 2022

Daniel Johns authored an article about how employee resource groups (ERGs) have become one of the primary methods employers use to engage employees and increase morale in the workplace.

New Posting Requirement for Federal Contractors [Alert]

October 31, 2022

The EEOC has issued an updated “Know Your Rights” poster, revised as of October 20, 2022.

New Jersey Health Care Entities Should Add New Employee Protections to Their Due Diligence Checklists [Alert]

October 28, 2022

New Jersey Senate Bill No. 315 creates broad protections for many employees in the health care sector in the event of a change in control.

California Time Rounding Policies – The Beginning of the End? [Alert]

October 28, 2022

The California 6th District Court of Appeal recently ruled that where an employer could track the exact time in minutes that an employee worked each shift.

USCIS Announces Extension of Certain Flexibilities [Alert]

October 26, 2022

USCIS granted 60 more days to respond to Notices of Intent to Deny/Revoke/Rescind & Requests for Evidence if issued between March 1, 2020, and January 24, 2023.

DHS Extends Form I-9 Flexibility through July 31, 2023 [Alert]

October 18, 2022

DHS and ICE announced that an extension of the Form I-9 flexibilities will continue for another nine months until July 31, 2023.

Employee Benefits in Bankruptcy - Portfolio 380 [Bloomberg Tax]

October 17, 2022

Matthew Clyde co-authored the Bloomberg Tax Portfolio addressing the interplay of benefits and bankruptcy law.

New California Laws to Close out 2022 and Usher in the New Year [Alert]

October 17, 2022

A slew of employment law bills were signed into law by Governor Newsom as we close out 2022 and begin a new year in 2023.

Can Pay Transparency Shatter the Glass Ceiling? [Daily Journal]

October 12, 2022

Elena Hillman, Jake Rubinstein, and Janice Agresti authored an article on what pay transparency could mean for states.

Diversity 2024 Immigrant Visa Lottery Program Announced [Alert]

October 07, 2022

Although the current administration has stated its desire to eliminate the DV Lottery program, it will go forward this year.

#NoFilter: Can States Regulate the Content of Social Media Platforms?

October 05, 2022

A recent decision from the Fifth Circuit upheld a Texas state law impacting the power of social media platforms to moderate content on their platforms.

USCIS Extends Temporary Waiver for Medical Examinations [Alert]

October 04, 2022

USCIS will extend the temporary waiver of the "60-day rule" for Form I-693.

USCIS Extends Validity Period for Green Card Renewals [Alert]

September 29, 2022

Effective September 26, 2022, USCIS began automatically extending the validity of Green Cards to 24 months for lawful permanent residents who file a Form I-90.

Update on USCIS Expansion of Premium Processing [Alert]

September 19, 2022

On September 15, 2022, USCIS announced the next phase of the premium processing expansion for certain petitioners.

NLRB Proposes New Joint Employer Standard, Requiring Mere “Indirect” Control [Alert]

September 12, 2022

The NLRB issued an NPRM that would broaden the standard for determining whether two employers are joint employers under the National Labor Relations Act.

USCIS Has Used Nearly All Employment-Based Immigrant Visas for FY2022 [Alert]

September 08, 2022

On 9/6/22, USCIS announced it has used nearly all available EB visas for this fiscal year and will exhaust the 281,507 EB visas by the end of the month.

NLRB Strikes Down Tesla’s Dress Code, Employees Can Wear Labor Insignia [Alert]

September 06, 2022

The National Labor Relations Board recently reaffirmed employees’ right to wear union insignia at work and found that Tesla, Inc. violated federal labor law.

Is Your EEO-1 Report At Risk of Disclosure?

August 31, 2022

The OFCCP informed all federal contractors that a FOIA request seeking contractor data from '16-'20 was submitted. Contractors must file objections by 9/19/22.

When to Start the Perm Process for H-1B and L-1B Foreign National Workers [ACC]

August 18, 2022

David Adams authored an article about employers who employ or wants to employ a foreign worker for permanent residence.

3rd Circ. Ruling Shows Limits Of Regulating Employer Speech [Law360]

July 29, 2022

Daniel Johns authored an article on the recent decision from the U.S. Court of Appeals for the Third Circuit in FDRLST Media LLC v. National Labor Relations Board.

I-9 Deadline Approaching: Updates due July 31, 2022 [Alert]

July 19, 2022

On July 6, 2022, DHS announced that employers are required to update their Forms I-9 by July 31, 2022, for all employees who completed their I-9 verifications with expired documents between May 1, 2020, and April 30, 2022.

Expansion of Premium Processing for Certain Previously Filed EB-1 and EB-2 I-140 Petitions Continues [Alert]

July 18, 2022

We previously alerted our readership in May 2022 that USCIS was implementing premium processing for certain I-140 petitions in the EB-1 and EB-2 categories. The availability of premium processing for previously filed I-140 petitions referred only to EB-1 multinational executive and manager I-140 petitions and EB-2 petitions filed for advanced degree professionals or members of the professions with an advanced degree or exceptional ability petitions seeking a national interest waiver.

5 Tips For Employers Regulating Employee Speech Online [Law360]

June 24, 2022

Aaron Holt authored an article about how courts are increasingly being asked to address employment matters involving speech on social media.

Seventh Circuit Clarifies that Denial of Leave is Not Necessary for an FMLA Interference Claim [Alert]

June 21, 2022

Abigail Green discusses the Seventh Circuit's decision in Salvatore Ziccarelli v. Thomas J. Dart, et al.

US Supreme Court Places Limits on California’s PAGA Law [Alert]

June 16, 2022

The Supreme Court ruled that the FAA overrules CA Supreme Court authority limiting arbitration agreements in representative actions under PAGA.

Circuit Court Clarifies Employer Burdens in Religious Accommodation Cases [Alert]

June 03, 2022

In Groff v. DeJoy, a Third Circuit Court of Appeals decision gives very practical guidance for how to respond to religious accommodation claims.

USCIS to Implement Premium Processing for Certain Petitions [Alert]

May 25, 2022

The U.S. Citizenship and Immigration Services announced premium processing for certain petitioners.

#No Filter: Regulating an Employer’s Social Media Posts [Blog Post]

May 25, 2022

A May 20, 2022 decision from the Third Circuit Court of Appeals impacts the limits of permissible speech by employers on social media.

California Supreme Court Expands Penalties For Meal and Rest Violations

May 24, 2022

The California Supreme Court recently resolved a long-standing wage and hour question regarding meal and rest period violations.

How Pennsylvania Women Can Achieve Equal Pay

May 24, 2022

Kathy Jaffari co-authored an article published in The Philadelphia Inquirer discussing the wage gap in Pennsylvania and the steps that need to be taken to narrow it. Kathy and her co-author, Judy Berkman, are co-chairs of the Women’s Rights Committee of the Philadelphia Bar Association.

Does PAGA Have Wings? Bernstein’s Threat to Interstate Airlines

May 16, 2022

California's Private Attorneys General Act may pave the way for geographically extended enforcement of California labor laws.

USCIS Increases Automatic Extension Period of Employment Authorization Docs

May 04, 2022

This May, USCIS announced a Temporary Final Rule increasing the automatic extension period for certain Employment Authorization Documents for up to 540 days.

DHS Extends Form I-9 Flexibility through October 31, 2022

April 28, 2022

On April 25, 2022, DHS and ICE announced an extension of flexibilities of the Form I-9 Employment Eligibility Verification Form until October 31, 2022.

The TEAM Act Brings Us Back To The Future Again [Law360]

April 26, 2022

Daniel Johns authored an article about the recently introduced Teamwork for Employees and Managers Act (TEAM) — which would legalize employee involvement committees, an employer-friendly alternative to unions.

Pennsylvania Public Utility Commission to Require Diversity Reporting

April 25, 2022

The Pennsylvania Public Utility Commission will be requiring major jurisdictional public utilities to file annual diversity reports beginning March 2023.

Accommodation vs Personal Benefit: Federal Court Weighs In

April 07, 2022

Sam Edelstein discusses the decision in Hopman v. Union Pacific Railroad.

Release of New Proposed Rules: Electronic Submittal of Workplace Injuries and Illnesses to OSHA [Alert]

March 30, 2022

Jim Sullivan, John Ho, and Anne Greene discuss OSHA's new proposed rules regarding electronic recordkeeping requirements.

Philadelphia City Council Extending COVID-19 Leave Until December 2023 [Alert]

March 28, 2022

On March 3, 2022, Council amended Philadelphia’s Public Health Emergency Leave Ordinance and created a specific COVID-19 sick leave protection.

Department of Labor Issues Strong Caution on Use of Cryptocurrencies in 401(k) Plans [Alert]

March 21, 2022

Rob Kaplan discusses the DOL's compliance release that provides strong caution against ERISA fiduciaries of 401(k) and 403(b) plans including cryptocurrencies as plan investment options.

A Fast Food Employer’s Guide to NYC’s Recently Upheld Wrongful Discharge Law [Alert]

March 01, 2022

Janice Agresti discusses the U.S. District Court of Southern New York's ruling that the Wrongful Discharge Law is constitutional because it minimally burdens interstate commerce.

Prohibiting Arbitration of Sexual Harassment at Forefront of Amendment to Federal Arbitration Act [Alert]

February 15, 2022

Arielle Eisenberg discusses H.R. 4445, an amendment to the Federal Arbitration Act (FAA) otherwise known as the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.”

Illinois Equal Pay Law Changes Complicate Compliance [Law360]

February 09, 2022

Jeremy Glenn, Brittany Green, and Sydney Holman co-authored an article on Illinois' legislative action toward employee pay equality with sweeping amendments in 2021 to the state Equal Pay Act.

Tax Abatement Crunch Time: When Must Coops and Condos Pay Their Employees Prevailing Wages? [Alert]

February 04, 2022

Leni Cummins and Jennifer Miller discuss Section 467-a of the Real Property Tax Law and the prevailing wage affidavit condo and coop boards must submit to qualify for the tax abatement.

Labor Arbitration For Virtual Work Issues Can Be Tricky [Law360]

February 01, 2022

Daniel Johns authored an article about how the rise of virtual workplaces during the COVID-19 pandemic has led to confusion for labor arbitrators who need to determine liability for off-duty misconduct.

Illinois Employers See Equal Pay Certification Looming on the Horizon [Alert]

January 28, 2022

Jeremy Glenn and Brittany Green discuss what employers in Illinois need to know about the EPA amendments.

Supreme Court Allows CMS Vaccine Directive To Go Forward [Alert]

January 19, 2022

Anne Greene, John Ho, and Jim Sullivan discuss the Supreme Court decision to allow the CMS vaccine directive to go forward.

Designating Unvaccinated Employees as a ‘Direct Threat’ to Others [Bloomberg Law]

January 12, 2022

James Sullivan authored an article about if an unvaccinated employee is a “direct threat” to the health and safety of themselves or others in the workplace.

It’s a New Year – With Many New State Minimum Wage Laws [Alert]

January 05, 2022

George Voegele discusses various state and local wage and hour laws that went into effect on January 1, 2022, or will go into effect in 2022.

Sixth Circuit Court of Appeals Lifts OSHA’s ETS Stay: What Now? [Alert]

December 21, 2021

John Ho and Jim Sullivan discuss the Sixth Circuit lifting the Fifth Circuit's stay of OSHA’s general duty COVID Emergency Testing Standard.

NYC Implements Wide-Ranging Pandemic Restrictions, Including Private Sector Vaccine Mandate [Alert}

December 09, 2021

John Ho, Janice Agresti, and Jim Sullivan discuss Mayor de Blasio's expansion to the “Key to New York City” program.

Florida Law Prohibits Vaccination Mandate Without Five Specific Individual Exemptions [Alert]

November 23, 2021

John Ho and Jim Sullivan discuss Florida Governor DeSantis’s recent legislation banning employers from mandating COVID-19 vaccinations unless several exemptions are offered to employees.

California Employers Can Let Cal/OSHA Know Federal OSHA COVID-19 ETS Potential Workplace Impacts [Alert]

November 15, 2021

Ed Langhammer, John Ho, and Jim Sullivan discuss Cal/OSHA agenda item “Proposed Emergency Safety Orders for Adoption,” and how California employers can weigh in on how these regulations will impact them.

Court Affirms Stay of OSHA Vaccinate-or-Test Emergency Temporary Standard [Alert]

November 15, 2021

John Ho and Jim Sullivan discuss the Fifth Circuit's stay of OSHA's ETS and what happens next.

How Labor Law May Affect Your COVID Vaccine Mandate [Law360]

October 29, 2021

Daniel Johns authored an article discussing labor law considerations surrounding the COVID-19 vaccine mandates in the workplace.

COVID-19 Vaccination: The EEOC’s Long-Awaited Religious Exemption Guidance [Alert]

October 27, 2021

Janice Agresti discusses the EEOC's guidance for employers when an employee requests a religious exemption from the COVID-19 vaccination.

FAQ: Texas Executive Order Restricting Mandatory Vaccination Policies [Alert]

October 13, 2021

Aaron Holt answers questions employers may have about Texas's Executive Order No. GA-40.

Lawsuits Fighting OSHA Covid-19 Vaccine Standard May Not Matter [Bloomberg Law]

September 24, 2021

Jim Sullivan authored an article detailing that six of just nine emergency temporary standards issued by OSHA since the 1970s have been challenged in courts, and only one has been upheld.

White House Announces OSHA ETS Mandating Vaccinations or Weekly Testing for Most Workers [Alert]

September 10, 2021

Jim Sullivan discusses Biden's EO mandating all employers with more than 100 employees require every employee to be fully vaccinated against COVID-19 or to test negative every week.

OSHA’s Updated COVID-19 Guidelines for Employers and What They Mean [PICPA]

September 08, 2021

Debra Friedman authored an article about OSHA's latest COVID-19 guidance for non-health care employers and employees and how it is causing employers to reevaluate their return-to-work policies and procedures.

Under Biden, Nonunion Employers Can't Ignore Labor Law [Law360]

August 04, 2021

Daniel Johns authored an article on how the Biden administration impacts nonunion employers.

DOJ Approves Employers’ COVID-19 Vaccine Requirements [Alert]

August 03, 2021

Ben Shechtman discusses the DOJ's memorandum opinion stating employers may require that employees be vaccinated against COVID-19 subject to the requirements that they provide reasonable accommodations for employees with disabilities or sincerely held religious beliefs that preclude vaccination.

California Supreme Court Targets Meal and Rest Premium Pay Practices [Alert]

July 16, 2021

Brett Greving, Elena Hillman, and Jason Barsanti discuss the California Supreme Court's decision in Ferra v. Loews Hollywood Hotels, LLC.

NYS DOL Publishes Model Airborne Infectious Disease Exposure Prevention Plan Under HERO [Alert]

July 14, 2021

John Ho discusses the Department of Labor for the state of New York"s model Airborne Infectious Disease Exposure Prevention Plan under the New York Health and Essential Rights Act and what employers should do now to comply.

OSHA’s New COVID-19 Guidelines and What They Mean for Employers [Alert]

June 16, 2021

Dave Barron discusses new OSHA guidance for vaccinated workers.

A Revised Post-Coronavirus Return to Work Checklist [Alert]

June 07, 2021

In light of recent guidance issued by the Center for Disease Control and the EEOC, we have updated our Return to Work Checklist.

Need an Infectious Disease Prevention Plan? In New York, You Soon Will under the HERO Act [Alert]

May 14, 2021

John Ho, Jim Sullivan, and Anne Greene discuss New York's HERO Act and what employers should do now to comply.

New Executive Order Requires Many Federal Contractors to Increase Minimum Wage for Workers by 2022 [Alert]

April 28, 2021

Bob Magovern and Matt Howell discuss Biden's executive order increasing the minimum wage for federal contactors.

3 Decisions A Biden NLRB Will Likely Overturn [Law360]

April 26, 2021

Daniel Johns authored an article about the Biden administration's intent to promote and seek passage of the Protecting the Right to Organize Act.

OSHA Adds a New Consideration for Employers Related to Adverse Reactions to Vaccines [Alert]

April 26, 2021

John Ho and James Sullivan discuss OSHA's guidance for employers considering requiring employees to get vaccinated.

Eleventh Circuit Court of Appeals Refuses to Extend ADA Liability to Websites [Alert]

April 23, 2021

Arielle Eisenberg and Corinne Zucker discuss the possible implications of the Eleventh Circuit's decision in Juan Carlos Gil v. Winn-Dixie Stores, Inc.

DOL Issues Model COBRA Notices For Implementing COVID-Relief Bill’s Subsidized COBRA Requirements [Alert]

April 09, 2021

Robert Kaplan discusses the DOL's three model notices employers are required to send to qualified beneficiaries.

Circuit Court of Appeals Upholds Dismissal of ADA Lawsuit for Failure to Exhaust Administrative Remedies

April 07, 2021

Joseph Quinn discusses the Simko v. U.S. Steel Corp decision and what it means for employers.

Getting Your Workforce Vaccinated Without Getting Sued [Century City Bar Association]

March 31, 2021

John Carrigan, Jr. wrote an article about the COVID-19 vaccine and employers looking to a vaccine as a way to keep their workforce and customers safe may face an uphill battle.

California Enacts New COVID-19 Supplemental Paid Sick Leave Requirements With Retroactive Application

March 29, 2021

Nicole Perkin and Elena Hillman discuss SB 95, which continues and expands the requirements for COVID-19-related sick pay as mandated previously by the federal FFCRA and California’s AB 1867, both of which expired on December 31, 2020.

Christopher Hennessy and Jeremy Glenn contributed an article to the Illinois State Bar Association L&E Newsletter

March 18, 2021

Christopher Hennessy and Jeremy Glenn contributed an article to the Illinois State Bar Association's (ISBA) Labor and Employment Law Newsletter discussing a recent bill introduced in the Illinois Legislature that, if made into law, would rewrite significant aspects of the law of restrictive covenants, particularly those entered into after the effective date of the bill's adoption into law — including barring some altogether.

Employee Benefits and Executive Compensation Provisions in the American Rescue Plan Act [Alert]

March 12, 2021

Robert Kaplan, Matt Clyde, and Lynn Brehm discuss the American Rescue Plan Act of 2021 and how it affects employee benefit plans and publicly traded companies’ tax deductions for executive compensation.

Marijuana Legalization Push May Impact PA Utilities’ Zero Tolerance Policies [Alert]

February 26, 2021

David P. Zambito and Vincent Candiello discuss how Pennsylvania’s regulated public utilities would be impacted by the legalization of marijuana and if they are not permitted to continue their zero-tolerance drug use policies for employees involved in the operation of critical infrastructure.

Progressive Paid Leave Policy Introduced in Philadelphia City Council [Alert]

February 17, 2021

Joseph Hill, Michael Henlon, and Brianna Westbrooks discuss legislation introduced in Philadelphia City Council that would significantly expand required paid sick leave for individuals at companies with more than 50 employees.

What You Need To Know About OSHA’S Updated COVID-19 Guidance

February 02, 2021

John Ho discusses OSHA's revised COVID-19 guidance for employers following an executive order issued by President Biden

Employer Guide to COVID-19 Vaccination

January 20, 2021

David Barron, John Carrigan, Jr., Arielle Eisenberg, Aaron Holt, and Nandini Sane designed a guide on how employers can handle the COVID-19 vaccination for their employees.

Illinois Restrictive Covenants Face A Sea Change If Bill Passes

January 19, 2021

Christopher Hennessy and Jeremy Glenn contributed an article to Law360 discussing how on January 8th, a bill was introduced in the Illinois Legislature that, if made into law, would rewrite significant aspects of the law of restrictive covenants entered into after the effective date of its adoption into law, including barring some altogether.

Watershed Fifth Circuit Opinion Raises Bar for FLSA Collective Actions [Alert]

January 19, 2021

Adam C. Gutmann and David L. Barron discuss the landmark ruling in Swales v. KLLM Transport Servs., LLC, wherein the court did away with the two-step Lusardi framework that most FLSA collective actions have followed for the last 33 years.

Antitrust Enforcers Lodge First Criminal Indictment for Violation of No-Poach Agreement [Alert]

January 13, 2021

Stephen Miller and Casey James discuss the DOJ's indictment charging Surgical Care Affiliates LLC of colluding with two companies not to solicit each other’s senior-level employees.

Obama 2.0: What Employers Can Expect From Biden On Labor [Law360]

January 05, 2021

Daniel Johns wrote an article about what the upcoming Biden administration will look like on labor issues.

City of Pittsburgh Enacts Ordinance Mandating Paid Time Off Related to COVID-19 [Alert]

December 17, 2020

Peter Ennis discusses the ordinance signed by Mayor Bill Peduto covering employers with 50 or more employees and requiring them to provide paid time off for employees working in the city who miss work due to reasons related to COVID-19.

Getting Your Workforce Vaccinated Without Getting Sued [Law360]

December 14, 2020

John Carrigan, Jr. wrote an article about the COVID-19 vaccine and employers looking to a vaccine as a way to keep their workforce and customers safe may face an uphill battle.

Pennsylvania Commonwealth Court Denies Medical Marijuana Accommodation for Nursing Student

December 03, 2020

Ben Shechtman discusses the first-of-its-kind decision by the Pennsylvania Commonwealth Court that the MMA did not require a nursing school to accommodate a student’s use of medical marijuana under the Pennsylvania Human Relations Act.

States of Flux — What Employers Need to Know About Election 2020 and New State Laws [Alert]

November 23, 2020

David Barron, Joseph Quinn, Jake Rubinstein, Di Addy Tang, Peter Ennis, Adam Gutmann, and Anne discuss various state laws that may impact employers.

Exec Employment Considerations Under A Biden White House [Law360]

October 30, 2020

Jeff Pasek, Diane Thompson, Anne Green, and Michael Corgan wrote an article about what a Joe Biden administration would look like for companies.

Employer Obligations Relating to Employee Voting [Alert]

October 20, 2020

Peter Ennis and Brett Greving breakdown, by state, what employees are entitled to when it comes to their right to vote.

Employers Must Beware The Coming Union Organizing Storm [Law 360]

October 07, 2020

Daniel Johns wrote an article discussing the risk of union organizing that employers may face at the end of the COVID-19 pandemic.

California Codifies New COVID-19 Notice Requirements and Expands Cal OSHA Authority [Alert]

September 23, 2020

Elena Hillam and Austin Dieter discuss AB 685, signed by Governor Newsom, implementing new reporting and notice requirements and granting Cal OSHA additional powers following employee exposure to COVID-19 in the workplace.

Rebuttable Presumption for COVID-19 Illnesses to Impact Employers Through 2022 [Alert]

September 23, 2020

Elena Hillman and Austin Dieter discuss SB 1159, signed into law by Governor Newsom, expanding access to workers’ compensation and making it easier for first responders, health care workers, and other workers who test positive for COVID-19 due to an outbreak.

Philadelphia Mandates Two Weeks of Paid Sick Leave for Workers Impacted by COVID-19 [Alert]

September 17, 2020

George Voegele discusses the city of Philadlelphia's new ordinance that makes two weeks of paid sick leave available to thousands of Philadelphia workers impacted by COVID-19.

Good-Faith Defense Affirmed as to Claims Against Unions Representing Pennsylvania Public Employees [Alert]

September 15, 2020

Michael Hanlon and Benjamin L. Shechtman discuss the Third Circuit's consolidated opinions in Diamond et al. v. PSEA et al. and Wenzig et al. v. SEIU Local 668 et al.

California’s Large Employers to Provide COVID-19 Paid Sick Leave Following Newsom’s Signature [Alert]

September 15, 2020

Bethany Vasquez, Elena Hillman, and Austin Dieter discuss Assembly Bill 1867, requiring large employers to provide COVID-19 related supplemental paid sick leave to their California employees.

Changes to USCIS Fee Schedule and Forms [Alert]

September 08, 2020

On August 3, 2020, U.S. Citizenship and Immigration Services (USCIS) issued a Final Rule that alters the USCIS filing Fee Schedule. On average, the filing fees were increased overall by approximately 20 percent.

Eleventh Circuit Sides With Employer in Title VII Opposition Clause Case [Daily Business Review]

August 21, 2020

Arielle Eisenberg wrote an article about the Title VII of the Civil Rights Act that protects an employee's conduct of complaining about Title VII violations.

Employer Back to School Guide

August 06, 2020

David Barron, David Hackett, Nandini Sane, and Bethany Vasquez designed an FAQ to address concerns that employers have regarding COVID-19 and the Fall semester.

New York Federal Judge Strikes Down Portions of Dept. of Labor’s Emergency Paid Leave Rules [Alert]

August 05, 2020

David Barron discusses the Southern District of New York's decision on August 3, 2020, finding that four portions of the DOL's final rule exceeded the DOL’s authority and should be set aside as invalid.

Eleventh Circuit Explains How Protected Activity Loses Its Protected Status in Gogel v. Kia Motors [Alert]

August 04, 2020

Arielle Eisenberg discussed the Eleventh Circuit's decision in Gogel v. Kia Motors.

Courts Give “Thumbs Down” to Pennsylvania Employees Terminated For Social Media Posts [PHRA]

July 30, 2020

Alan Pittler wrote an article about three separate lawsuits brought by Pennsylvania employees who were terminated for social media posts.

Employers Must Vigilantly Evaluate WARN Obligations As Pandemic Continues [Alert]

July 28, 2020

Dave Hackett and Anna Wermuth discuss what employers must do to ensure they are complying with all applicable laws.

COVID-19 FAQs For California Employers

July 01, 2020

Michele Ballard Miller, Walter Stella, Elena Hillman, and Austin Dieter designed an FAQ that California Employers have regarding COVID-19.

Job descriptions can be an employer’s best document [South Florida Business & Wealth]

June 28, 2020

Susan Eisenberg and Jennifer Taylor Williams wrote an article discussing how a job description can affect litigation.

In Landmark Decision, U.S. Supreme Court Expands LGBTQ Protections in Employment [Alert]

June 17, 2020

Arielle Eisenberg discusses the U.S. Supreme Court's historic decision holding that LGBTQ individuals are protected from discrimination under Title VII of the Civil Rights Act of 1964.

NLRB Severely Limits Jurisdiction Over Religious Schools [Alert]

June 16, 2020

Mike Hanlon, Steve Millman, and Austin Dieter discuss the NLRB's decision in Bethany College.

New York Return-To-Work Safety Plan Checklist

June 10, 2020

Michael Schmidt addressed best practices for New York employers to return to work from the COVID-19 pandemic.

Adapting To Worker-Friendly City Laws Prompted By Virus [Law360]

June 01, 2020

Jeremy Glenn and Julie Trester wrote an article discussing how the COVID-19 pandemic could impact employee rights.

Work After COVID-19: What Is the New Normal For Leave, Accommodation Requests? []

May 27, 2020

Susan Eisenberg and Jennifer Taylor Williams wrote an article discussing how the EEOC intends that ADA accommodation requests will be alive and well post-coronavirus and employers will be required to engaged in the interactive process with each individual.

Chicago City Counsel Delays Private Right of Action in Fair Workweek Ordinance [Alert]

May 21, 2020

Jeremy Glenn, Julie Trester, and James Mackey discuss the Chicago City Council has adopted an amendment to the Fair Workweek Ordinance delaying the ability of employees to file lawsuits in court until January, 1, 2021. However, the action does not delay enforcement of the ordinance starting July 1.

OSHA Does an Abrupt Turn In Issuing New Guidance on Recording COVID-19 [Alert]

May 21, 2020

Austin Dieter and John Ho discuss OSHA's most recent guidance on when employers need to record COVID-19 illnesses.

Pennsylvania Department of Health Issues Revised Employer COVID-19 FAQs [Alert]

May 06, 2020

Bryant Andrews and Bethany Salvatore discuss the Pennsylvania Department of Health's guidance for the businesses permitted to maintain in-person operations.

EEOC Issues Guidelines on COVID-19 Testing of Employees [Alert]

April 29, 2020

Benjamin L. Shechtman discusses the EEOC's recent guidance allowing ADA-covered employers to administer a COVID-19 test to an employee prior to permitting the employee to enter the workplace, without running afoul of EEO laws.

Philadelphia Moves Forward with Fair Workweek Law Despite COVID-19 Pandemic [Alert]

April 28, 2020

Steve Millman and Michael Hanlon discuss Philadelphia's new Fair Workweek law and what employers need to know as they begin restarting operations following COVID-19 shutdowns.

Return to Work Post-Coronavirus Checklist

April 24, 2020

Cozen O'Connor Labor and Employment attorneys addressed how employers should plan returning to work post-coronavirus.

Potential Pitfalls of Temperature Screenings [Alert]

April 24, 2020

Di Addy Tang, Elena Hillman, and Austin Dieter discuss what employers need to consider before implementing temperature screenings of employees.

Pennsylvania Requires New Employer Safety Measures to Combat COVID-19 [Alert]

April 17, 2020

Alan Pittler discusses Pennsylvania's new employer safety measures and what that could mean for non-essential businesses when they are ready to open up.

Telework May Bring Reimbursement Claims For Ill. Employers

April 10, 2020

Christopher Hennessy and Jeremy Glenn published an article to Law360 discussing teleworking and what this might mean for Illinois businesses in terms of expense reimbursement.

Dealing with Employee Protests and Strikes due to COVID-19 Concerns [Alert]

April 09, 2020

Adam Gutmann discusses what employers should do when employees strike, participate in sickouts, or request PPE or to work from home due to concerns surrounding COVID-19.

Duty to Report Employees Who Test Positive for COVID-19

April 08, 2020

John Ho and Peter Ennis describe whether employers should report, under federal or state law, an employee who has tested positive.

New York State grants COVID-19 Immunity to Health Care Industry

April 06, 2020

David Loh and John Ho discuss New York's new state budget and the Emergency or Disaster Treatment Protection Act, which protects health care professionals from liability that may result from the treatment of individuals with COVID-19.

NLRB Issues New Election Rule [Alert]

April 06, 2020

Shaina Hicks and Mike Hanlon detail three changes the NLRB made to the representation case procedures.

The CARES Act Provides New Distribution and Loan Options for Individual Account Retirement Plans [Alert]

April 03, 2020

Matthew Clyde explains how the CARES Act may impact individual retirement accounts.

IRS Provides New Guidance Regarding Tax Credits under the Families First Coronavirus Response Act

April 02, 2020

Nandini Sane and Tina Syring summarize employers' obligations and benefits under the FFCRA.

Employer Checklist for Responding to a Positive COVID-19 Test [Alert]

April 01, 2020

Michael Hanlon and Anna Will Kentz detail how employers should handle an employee who tests positive for COVID-19 or whom demonstrates symptoms of the virus.

Pandemic-Related Funding Options For Ill. Businesses

March 30, 2020

Christopher Hennessy and Jeremy Glenn published an article to Law360 discussing the different programs the state of Illinois has announced to help businesses navigate through the COVID-19 pandemic.

MINNESOTA Response to COVID-19 [Alert]

March 30, 2020

Tina Syring discusses Minnesota's stay-at-home order and its impact on employers.

Summary and Analysis of Key Provisions of the CARES Act

March 28, 2020

Members of Cozen O'Connor's Coronavirus Task Force provide analysis of the CARES Act and how it will impact small businesses, distressed industries, employers and employees, taxes, and the health care, real estates, and energy industries.

Labor and Employment Attorneys Answer Three COVID-19 Questions [Lodging Magazine]

March 23, 2020

Susan Eisenberg and Jennifer Williams wrote about the challenges that the hospitality and lodging industry are facing with COVID-19.

Layoffs, Furloughs, and the Impact of WARN Acts on Reorganizations [Alert]

March 20, 2020

Jen Williams, Peter Ennis, Arielle Eisenberg, and Nandini Sane discuss what employers must consider under state and federal WARN Acts before laying off or furloughing employees during the COVID-19 pandemic.

California Governor Orders All Residents to Stay at Home [Alert]

March 20, 2020

Austin Dieter, David Hatch, and Brett Greving discuss Governor Newsome's order, who is exempt, and what services will remain available to Californians.

FAQ: Families First Coronavirus Response Act [Alert]

March 19, 2020

Aaron Holt answers employers' questions regarding the Families First Coronavirus Response Act.

Working from Home in the Age of COVID-19 — Answers to 10 Questions Employers Should Be Asking [Alert]

March 17, 2020

Peter Ennis and Michael Hanlon answer the questions employers should be asking as the workforce moves to telecommute.

Model Coronavirus Response Plan

March 16, 2020

David Barron and John Ho designed a response plan for employers facing coronavirus, along with questions for employees.

IRS Announces High Deductible Health Plans Can Cover COVID-19 Expenses Without Applying a Deductible [Alert]

March 16, 2020

Robert Kaplan discusses the IRS Notice 2020-15 allowing employers to relax deductibles and other out-of-pocket limits for coronavirus-related expenses.

Medical Inquiries and Examinations Related to Coronavirus [Alert]

March 13, 2020

David Barron and Debra Friedman answer employers' frequently asked questions when it comes to the coronavirus.

Employers Should Make Coronavirus Preparations Now [Bar Business Magazine]

March 13, 2020

Aaron Holt wrote an article discussing the action that employers should take with coronavirus within the workplace.

Pittsburgh Paid Sick Days Act Going Into Effect Amidst Uncertainty [Alert]

March 04, 2020

Joseph Quinn details what employers need to know about Pittsburgh new Act, including who is impacted and what they need to do now.

IRS Asserts No Statute of Limitations for ACA Violations; May Require New Record Retention Policies [Alert]

March 02, 2020

Jay Dorsch and Rob Kaplan discuss the IRS's position that there is no statute of limitations for penalties associated with the Affordable Care Act.

Third Circuit Upholds Philadelphia Wage History Ordinance [Alert]

February 20, 2020

Mariah L. Passarelli discusses the Third Circuit's decision and what employers need to do next.

NYC Council Considers Legislation to End At-Will Employment in the Fast Food Industry [Alert]

February 11, 2020

Katie Schwab discusses two new bills in New York City impacting fast food employers and employees. A hearing on the bills is scheduled for February 13.

Circuit Court Once Again Reins in NLRB Over Jurisdiction [Alert]

February 03, 2020

Joe Quinn discusses the court's decision in Duquesne University v. NLRB and its impact on future attempts at organizing by faculty and non-faculty employees at religious schools.

A Labor Attorney Explains the Work Rules Around Getting Sick in the Office, Whether You're Facing a Small Cold or the Coronavirus [Business Insider]

January 31, 2020

David Barron wrote about company policies involving illness in the workplace and five important questions that both employees and employers should be asking.

Court Finds Implied Wrongful Discharge Cause of Action Under PA Medical Marijuana Act [Alert]

January 30, 2020

George Voegele and Adam Gutmann discuss the Palmiter v. Commonwealth Health Systems, et al., case and what employers in Pennsylvania need to know.

Year-End Spending Bill Includes Significant Employee Benefit Plan Changes

December 30, 2019

Robert Kaplan and Jay Dorsch discuss why employers need to begin evaluating the effects of the SECURE Act on their retirement plans as soon as possible.

It’s Holiday Time—Can the Holiday Party Mean Exposure? []

December 16, 2019

Susan Eisenberg wrote about the dos and don'ts for employers to keep employees safe during holiday parties.

Harrisburg May Be on Cusp of Grand Compromise Regarding Employee Pay

December 03, 2019

Joe Quinn discusses the fate of the increase to the salary test for EAP exemptions and the minimum wage in Pennsylvania.

Court Says Disability-Based Harassment Is Unlawful Under ADA But Finds Plaintiff’s Evidence Lacking

November 25, 2019

Jake Rubinstein discusses workplace harassment under the ADA and what lessons employers should take from Ford v. Marion County Sheriff's Office.

‘OK, Boomer’ Is Not OK in the Workplace []

November 22, 2019

Joseph Sirbak wrote an article about the phrase "OK, boomer" and the legal consequences behind saying it.

Proceed with Caution: Halloween is the Unofficial Start of the Office Party Season [New Jersey Business]

October 30, 2019

Michael Schmidt discussed how employers can control an office party to avoid legal pitfalls.

Ninth Circuit Court of Appeals Holds Franchisor Not Liable as a Joint Employer of its Franchisee's Employees [Alert]

October 22, 2019

The 9th Circuit Court of Appeals decided by majority opinion by Circuit Judge Susan Graber, with a partial dissent filed by Chief Circuit Judge Sidney Thomas, Salazar v. McDonald's Corp. No. 17- 15673 (9th Cir. 2019), holding franchisor McDonald’s was not a joint employer with its franchisee, because McDonald’s did not retain control of day-to-day aspects of work at the franchisee’s restaurants.

NLRB Reaffirms Its Commonsense Approach to the Validity of Employee Rules [Alert]

October 17, 2019

Barry Kearney discusses the Board's commonsense analysis of what kind of employee conduct the rule it is attempting to regulate.

New Laws On Independent Contractors Could Be Coming to a City and State Near You [Alert]

October 14, 2019

Matt Glavin and Jeremy Glenn discuss California, New York, and Illinois laws aimed at changing how workers are classified and their impact on the gig economy.

Pennsylvania Law Passed Requiring Mandatory Use of E-Verify in the Construction Industry [Alert]

October 11, 2019

Michael Hanlon and Fran Rayer discuss the new Pennsylvania law affecting the construction industry that goes into effect on October 6, 2020.

NLRB Breaks With 70 Years of Precedent and Develops a New Test for Unilateral Changes

October 01, 2019

Barry Kearney discusses the 3-1 decision in MV Transportation and why unions will now have to convince arbitrators that the employer’s unilateral action violated the agreement.

Office Halloween Parties Can Scare up Legal Issues [King County Bar]

October 01, 2019

David Barron wrote about the boundaries employers should set when they celebrate Halloween at work.