On March 10, 2021, US Congress finalized and passed the American Rescue Plan of 2021 (ARPA), the latest COVID-19 relief package that largely tracks President Joe Biden’s initial $1.9 trillion proposal. The ARPA extends unemployment insurance benefits and provides direct $1,400 stimulus payments to qualifying Americans, but it also makes several important health policy-related changes. These include providing funding for vaccine distribution and testing to combat the COVID-19 pandemic, making policy adjustments to the Medicaid program, facilitating health insurance coverage and providing more money for healthcare providers. The final bill also makes two narrowly focused technical Medicare payment changes.
This summary highlights notable health policy provisions of the final bill.
A recent poll in the United Kingdom revealed there was a high level of support among managers for making COVID-19 vaccines mandatory for staff returning to work, with half of the respondents believing office access should be restricted for those who refused to get a vaccination on non-medical grounds. But what are the legal, ethical and privacy issues of such measures?
In an interview for BBC World News, McDermott partner Carole Spink discussed employer-related vaccine considerations.
On March 19, 2021, California Governor Gavin Newsom signed SB 95, significantly expanding California’s COVID-19 Supplemental Paid Sick Leave (CSPSL). This latest legislation now requires any California employer with more than 25 employees to provide CSPSL in addition to regular paid sick leave offered.
Effective March 12, 2021, all New York State employers are required to provide employees with paid time off (PTO) to receive a COVID-19 vaccine at the employee’s regular rate of pay.
Known as SB 973, the law requiring California employers with more than 100 nationwide employees to submit certain wage information to the state was signed into law in September with the first annual reporting deadline set for March 31. Businesses covered by the law must submit W-2 wage information and hours worked for their California employees according to sex, race, ethnicity and job category within 12 specified pay bands.
In a recent article in Law360, McDermott partner Elvira Kras and others discuss five questions being asked about the Golden State’s new pay data reporting mandate.
US President Joe Biden signed into law the $1.9 trillion American Rescue Plan Act of 2021 (ARPA) on March 11, 2021. ARPA follows from weeks of negotiations in Congress and attempts to facilitate the country’s recovery from the impact of the COVID-19 pandemic.
Included in ARPA are several provisions that impact employers, including provisions on paid leave, reduced hours and employee retention credits. Employers should be mindful of the employment-specific changes put into effect by ARPA and accordingly update their policies and practices to comply with these changes.
Most corporate directors are familiar with the term “glass ceiling”—as they should be. Fewer directors are familiar with the term “glass cliff”—but they should be. For their ability to recognize the distinction between the two, and respond to the related challenges, will be critical to a company’s efforts to assure gender equality within its workforce.
In a recent article for Forbes, McDermott partner Michael Peregrine outlines why corporate boards should team with management to ensure gender equality across the internal playing field.
President Joe Biden is expected to usher in a decidedly more worker-friendly environment than his predecessor, but whether Congress or the courts embrace similar pro-employee leanings over the next four years is anyone’s guess.
In a recent article for Law360, McDermott partner Daniel Doron weighs in on four top-of-mind questions about bias law that may soon be addressed under the Biden administration.
Employers grappling with independent-contractor classification had a busy 2020—and should expect a flurry of additional activity this year. Few areas in employment law are changing as rapidly. Last year, many concerned about the future of contractor-classification laws paid careful attention to California and AB 5, which went into effect on Jan. 1, 2020, and codified the California Supreme Court’s landmark decision in Dynamex Operations West Inc. v. Superior Court of Los Angeles.
In a recent article for Law360, McDermott partners Ellen Bronchetti and Ron Holland consider the impacts of the California law on the gig economy, employer classification tests and organized labor in the United States.
With a second wave of COVID-19 infections forecasted by some experts and many companies actually seeing improvements in productivity as their employees work from home, it’s very possible that the current state of affairs could become a new normal, with companies either continuing remote work indefinitely or at least revisiting their existing policies around occasional remote work.
TechStaffer polled business leaders and managers, including McDermott partner Carole Spink, to get input on where their organizations stand on their long-term outlook for remote work.
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