In effect since July 1, 2020, the United-States-Mexico-Canada Agreement (“USMCA”) replaced the North American Free Trade Agreement (“NAFTA”). Although the worldwide COVID-19 pandemic largely overshadowed the effective date of this new international agreement, its new labor provisions should not go
Employment & Labor
USCIS Reinstates ‘Prior Deference’ Policy in Adjudicating Extensions of Visa Matters Involving Same Parties and Facts
On April 27, 2021, U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance “instructing officers to give deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change,…
California Court Affirms PAGA Claims Based on Cal/OSHA Violations: Are Further PAGA-Cal/OSHA Actions to Come?
In Sargent v. Board of Trustees of the California State University, the California Court of Appeal highlighted an important distinction between Private Attorneys General Act (PAGA) claims asserted against a public entity employer based on statutes that themselves provide…
CDC’s New Guidance for ‘Fully Vaccinated’ Individuals Provides Updates on Gatherings, Exposure, and Travel
The U.S. Centers for Disease Control and Prevention (CDC) has updated the activities in which a “fully vaccinated” individual can engage. These new guidelines apply in non-healthcare settings.
To qualify as “fully vaccinated,” at least two weeks must have passed…
DOH Employee Error Causes Breach of COVID-19 and Other Health Data Affecting Nearly 165,000 Individuals
In a recent post, we highlighted the need for a privacy and cybersecurity training program, one not solely focused on spotting phishing attempts (although that is quite important as well). A primary reason, quite simply, is that employees continue…
Prohibiting Sexual Harassment in Non-Employment Professional Relationships
Seyfarth Synopsis: California has long prohibited sexual harassment in various types of relationships, including employment relationships, and in other professional and business relationships which have elements of power imbalance. Although the right to sue for sexual harassment in business and…
Essential COVID-19 Tips for Those Essentially Essential: DOL Launches New Wage and Hour Program for Essential Workers
The Wage and Hour Division of the Department of Labor unveiled a new program, “Essential Workers—Essential Protections,” that focuses on making sure employers comply with overtime and other wage requirements for workers on the frontline of battling the pandemic. Those positions…
Biden Administration announces $15 minimum wage for all federal contractors
Yesterday, the White House announced that effective January 30, 2022, all federal contractors will be required to incorporate a $15 minimum wage in new contract solicitations, and by March 30, 2022, all federal agencies will need to implement the minimum…
Executive Order on Increasing the Minimum Wage for Federal Contractors Issued
As previewed, on April 27, 2021 President Biden issued an Executive Order directing the minimum wage for certain federal contractors be increased to $15 per hour. The Executive Order on Increasing the Minimum Wage for Federal Contractors states that…
President Biden Establishes $15/hour Minimum Wage for Federal Contractors
On Tuesday, April 27, President Biden signed an executive order requiring federal contractors to pay their employees a minimum of $15 an hour starting on March 30, 2022. After that, the order will continue to index the minimum wage for…