Employment Archives - Page 11 of 104 - EMPLOYEE BENEFITS BLOG

Washington State’s Mandatory Withholding for Long-Term Care On Hold

by Troy Van Dongen | Feb 22, 2022 | Employee Benefits, Employment

In 2019, the Washington State Legislature established the Long-Term Services and Supports Trust Program (LTSS Trust Program) to provide funding for eligible beneficiaries that they can apply to the cost of their long-term care. The program is funded through a 0.58% payroll tax on employee wages and went into effect on January 1, 2022. However, the LTSS Trust Program drew public criticism in recent months and most private long-term care insurance providers pulled out of the state. As a result, the Washington State Legislature recently fast-tracked new legislation to put the program on hold until July 2023.

Read more here.

New Nationwide Ban Against Enforcement of Mandatory Arbitration Agreements in Sexual Misconduct Cases

by Yesenia M. Gallegos | Feb 17, 2022 | Employee Benefits, Employment

On February 10, 2022, the US Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act), a bipartisan bill that invalidates and renders unenforceable predispute arbitration agreements in any case alleging sexual assault or sexual harassment. The US House of Representatives passed a version of the bill on February 7, 2022. US President Joe Biden is expected to sign the bill into law soon.

Read more here.

California to Renew COVID-19 Supplemental Paid Sick Leave for 2022

by Ludia Kwon and Michelle S. Strowhiro | Feb 8, 2022 | Employee Benefits, Employment, Health and Welfare Plans, Labor

On January 25, 2022, California Governor Gavin Newsom announced that his office and state lawmakers had reached an agreement to reimplement a version of California’s COVID-19 Supplemental Paid Sick Leave through September 30, 2022. It is expected that the state legislature will move quickly to finalize and vote on legislation to effectuate this statewide paid leave obligation.

Read more here.

Massachusetts AG to Appeal Toss of Landmark COVID-19 Neglect Case

by Mark Pearlstein | Feb 4, 2022 | Employment, Health and Welfare Plans

The Massachusetts Attorney General will appeal a state court decision to dismiss a landmark criminal case against the operators of a state nursing home. In November 2021, the Hampden County Superior Court dismissed charges against the Massachusetts nursing home’s former superintendent and former medical director. According to this Law360 article, McDermott Partner Mark Pearlstein, who conducted a report into the facility’s deaths, called the leadership decisions at the home “baffling.”

Read more here.

After High Court Loss, OSHA Looks to Other COVID-Curbing Means

by Michelle S. Strowhiro | Feb 2, 2022 | Employee Benefits, Employment, Health and Welfare Plans

The US Supreme Court’s January ruling that stayed enforcement of the US Occupational Safety and Health Administration’s (OSHA) shot-or-test mandate may limit some employers from introducing their own vaccination, testing or mask requirements. However, in this Bloomberg Law article, McDermott Partner Michelle Strowhiro said employers might still want to consider implementing portions of the standard—so long as state and local limits let them.

Access the article.

US Supreme Court to Review Whether PAGA Claim Can Be Arbitrated

by Chris Braham, Joseph K. Mulherin and McDermott Will & Emery | Jan 28, 2022 | Employment, Labor

California’s Private Attorneys General Act (PAGA) has so far evaded arbitration agreements. Now, the Supreme Court of the United States will take up Viking River Cruises, Inc. v. Moriana to determine whether the Federal Arbitration Act (FAA) “requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under PAGA.”

Read more here.

OSHA Hints at Permanent COVID-19 Standard, Withdraws Vax-or-Test ETS

by Abigail M. Kagan, Michelle S. Strowhiro and Lindsay Ditlow | Jan 27, 2022 | Employee Benefits, Employment, Health and Welfare Plans

On January 25, 2022, the US Occupational Safety and Health Administration (OSHA) announced that it would withdraw its controversial “vax-or-test” Emergency Temporary Standard (ETS), which required large employers to impose vaccination or testing requirements upon their employees. The withdrawal will be effective as soon as the announcement is published in the Federal Register, which is scheduled to occur on January 26, 2022.

Read more here.

As Some Healthcare Employees Work While Sick, Could Other Industries Follow Suit?

by Abigail M. Kagan | Jan 26, 2022 | Employee Benefits, Employment, Health and Welfare Plans, Labor

Throughout the latest COVID-19 wave, some healthcare employers have relaxed safety measures to bring COVID-positive employees back to work. According to this Corporate Counsel article, these decisions may signal a new direction in how businesses deal with safety measures as they navigate a competitive labor market and demand. McDermott’s Abigail M. Kagan noted many healthcare facilities are doing their best to balance employee safety with workplace strain.

“If a patient hears that their nurse has tested positive that morning, the patient may be uncomfortable,” Kagan noted. “ … On the other hand, if it’s the difference between having no nurse, or having a nurse that medical authorities in the (United States) seem to believe is not going to be contagious anymore, that’s something that employers have to think about.”

Read more here.

Employment Agreements and Employment Litigation

by Andrew Liazos and Ashley Altschuler | Jan 20, 2022 | Employee Benefits, Employment, Executive Compensation, Retirement Plans

What effects did the COVID-19 pandemic have on employers and employment litigation in 2021? In these slides, McDermott Partners Andrew Liazos and Ashley Altschuler summarize some of the key developments in hiring, executive compensation, remote work and more.

Access the slides.

Supreme Court OKs CMS Vaccine Mandate but Blocks OSHA Rule

by Abigail M. Kagan, Michelle S. Strowhiro, Sandra M. DiVarco, Kristen O'Brien and Lindsay Ditlow | Jan 18, 2022 | Employee Benefits, Employment, Health and Welfare Plans, Labor

On January 13, 2022, the Supreme Court of the United States released two emergency opinions that change the landscape of the three federal vaccine rules. In summary:

A 5-4 Court majority let the Centers for Medicare & Medicaid Services (CMS) enforce its vaccine mandate nationwide, impacting specified healthcare facilities.

A 6-3 majority blocked the US Occupational Safety and Health Administration (OSHA) from enforcing its vax-or-test Emergency Temporary Standard (ETS) applicable to large employers.

The third federal vaccine rule—the federal contractor vaccine mandate—remains subject to multiple legal challenges and, at this time, the government is blocked from enforcing the mandate nationwide. The Court has not yet weighed in on this mandate.

Read more here.

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