Tag:Employment
Dept. of Labor Proposes to Rescind Two Rules It Says Undermine Worker Protections
On March 11, the U.S. Department of Labor (“DOL”) announced plans to rescind two final rules that the Biden Administration said would have significantly weakened protections for workers under the Fair Labor Standards Act(“FLSA”).
COVID-19’s Gender Impact
As March starts and we enter Women’s History Month, Time Magazine, The New York Times, National Public Radio, CNBC, The Washington Post, and more wrote articles on the unique and disproportionate effects that COVID-19 has had on women. However, by focusing exclusively on the effect of COVID-19 on women, we ignore the impacts faced by gender non-binary people. This approach leaves many people to continue to be disproportionately impacted by the pandemic, as economic impacts cannot be addressed and answered, if they are not first acknowledged.
The United States’ current systems and its response to COVID-19 has failed to serve many people, in fact, the pandemic has amplified existing economic and social inequalities. If we are to resolve these inequalities, instead of focusing on the disproportionate effects experienced by cis-gender women, the focus should shift towards marginalized people, such as, cis and transgender women, and non-binary individuals. This article takes a limited approach due to its length, and it focuses on the effects COVID-19 has had on women, and the transgender and non-binary community, where the United States needs to acknowledge the economic inequalities these people face and change the current systems.
The Fifth Annual Loyola Journal of Regulatory Compliance Symposium: “Labor & Employment Compliance Issues in the Era of Covid-19”
Friday, March 12, 2021 Symposium Summary This year’s virtual Symposium will bring together practitioners to examine current issues in Labor & Employment compliance with particular attention to issues arising from the Covid-19 pandemic. Practitioners will reflect on a variety of concerns facing employment professionals as advisor, employer, and client. Cost & CLE CLE credit will …
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Facebook Hires Their First Chief Compliance Officer
On February 8, 2021, Henry Moniz joined Facebook as their first Chief Compliance Officer. Moniz previously held the position of Chief Compliance Officer and Chief Audit Executive of Viacom after the company merged with CBS. A Chief Compliance Officer is the officer responsible for managing regulatory compliance problems in a company or organization. Facebook already has a compliance group but has never appointed a Chief Compliance Officer. The appointment came after the Federal Trade Commission approved a five billion dollar settlement with Facebook in July of 2019. Facebook has been at the other end of many antitrust lawsuits in connection with their acquisition of potential competitors such as Instagram and WhatsApp. These conflicts likely brought them to hire a Chief Compliance Officer in order to solve issues arising around compliance.
Safely Getting Back to Work
Over 40.3 million Americans have already received at least one dose of the Covid-19 vaccine with a current average of 1.67 million doses administered per day. With a falling infection rate and the vaccine rollout entering a new stage, employers are reexamining their plans to safely return to the office.
CPS’ Covid Priorities: 1) Punish Teachers and 2) Deny Students a FAPE
On November 17, 2020, Chicago Public School (“CPS”) announced that in January 2021, CPS would have its first week of in-person learning since March of 2020. Upon the announcement, CPS parents had mixed reactions to the district’s plan to bring some students back, where some expressed excitement about the positive effect of in-person learning on their kids social and mental health, while others like the Grassroots Education Movement voiced concerns that the district had not done enough to make schools COVID-19 safe.
The return to in-person learning has been controversial and filled with conflict between teachers and the Chicago Teachers Union (“CTU”) versus the district. CTU expressed that it does not trust the district to keep the teachers and students safe, and the CTU released a statement that 71 percent of its teachers voted to continue remote learning instruction. Even with these concerns, CPS made the return by teachers mandatory. During its first week in-person, over 150 educators have been AWOL, having not shown up to school. Since then, the teachers’ protest has only become louder. CPS responded by docking the pay and locking teachers out of their remote learning platforms. Intense debate surrounds the topic, but the underlying legal principle remains, CPS cannot deny students a Free Appropriate Public Education (“FAPE”), guaranteed by the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (“IDEA”), while CPS engages in a labor dispute with the CTU.
Journal of Regulatory Compliance Call for Papers: Spring 2021 Issue – Employment Issues in the Time of COVID-19
As the world grapples with the COVID-19 pandemic, the legal community has ramped up efforts to identify challenges and manage risks. In recognition of the employment implications of the COVID-19 pandemic, the Journal of Regulatory Compliance invites original submissions for publication in our Spring 2021 issue. The official Journal of Regulatory Compliance is a bi-annual …
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Business Interruption Insurance Coverage During COVID-19 Era
Due to the COVID-19 pandemic, state and local municipalities have issued emergency proclamations requiring small businesses to either shut down or limit their business operations. This has caused small businesses to suffer substantial profit losses. In response, small businesses have filed business interruption claims with their insurance providers to recover their profit losses. However, insurance companies have mostly rejected their insureds’ business interruption claims because there has not been a direct physical loss or damage to the insureds’ properties, which is required to grant business interruption coverage. Businesses have been forced to file lawsuits against their insurers, hoping that the courts will compel insurance companies to provide business interruption coverage to their insureds during the pandemic. Business owners have also asked their elected officials to intervene and help them by passing legislation that would require insurance companies to provide business interruption coverage.
Are employers allowed to mandate COVID-19 vaccination?
As COVID-19 is back on the rise throughout the United States and various vaccine trials are occurring, employers are beginning to consider COVID-19 vaccine mandates for all their employees. While no vaccine has been approved yet, predictions point to a possible release by the end of the year. The vaccine is not expected to be readily available until mid-2021 for the general public, which makes it difficult for most employers to mandate vaccination at least until 2021. The Equal Employment Opportunity Commission (“EEOC”) has yet to release guidance on COVID-19 vaccine so it is best to consider guidelines discussing flu vaccines for now. Although there are necessary accommodations due to federal legislation, vaccine programs are permissible.
How the Restaurant Industry will Adapt to Comply with COVID-19 Regulations this Winter Season
When Governors around the United States initially provided COVID-19 regulations to restaurants and other businesses, it was relatively warm outside. Outdoor dining was easily accessible throughout the summer and outdoor dining continues to be especially crucial in order to accommodate for social distancing. In Chicago, Illinois, the city has closed off streets in order for restaurants to expand tables into the road to make room for more customers while continuing to abide by health and safety regulations. However, with the cold winter weather fast approaching, restaurants will be forced to adapt in order to stay in business. As of mid-September, only six months into the pandemic, 100,000 restaurants have closed on a permanent or long-term basis in the United States.