#WorkforceWednesday: Biden Picks Labor Nominee, The Biden EEOC, Temporary Special Relief for FSAs

Employment Law This Week® - Episode 193


Welcome to #WorkforceWednesday. This week, we look at the nomination of Marty Walsh as Secretary of Labor and look at what the Equal Employment Opportunity Commission’s (“EEOC’s”) priorities will be under the new Biden administration. 

Biden Picks Labor Nominee (Video)

President-Elect Biden has chosen Marty Walsh to serve as Labor Secretary in his administration. Walsh is Boston’s mayor and a former top union leader. Attorney David Garland tells us more.

The Biden EEOC (Video)

With President-Elect Biden’s inauguration next week, and the Democrats taking a narrow majority in both houses of Congress, we’re likely to see shifts in policy at the agencies that regulate employment. Attorney Robert O’Hara discusses what we’re likely to see coming out of the EEOC in the near term, and how the change in party control could affect the agency moving forward.

Video: YouTube, Vimeo.

Temporary Special Relief for FSAs

The $2.3 trillion omnibus appropriations and COVID-19 relief package, the Consolidated Appropriations Act, 2021 (“Act”), includes temporary special relief and significant additional flexibility for both types of flexible spending accounts (“FSAs”). The Act includes five significant FSA-related provisions, which are optional. Employers should consider whether to adopt any of those optional provisions. Read more.

Other Highlights

Meeting Notice and Posting Requirements During Remote Work

How can employers maintain compliance with notice and posting requirements as many workers continue to work remotely during the COVID-19 pandemic and beyond? The Department of Labor (“DOL”) recently issued guidance. Although the DOL guidance applies only to federal notice and posting requirements, the guidance is also a best practice for state-mandated notices, such as the new notice and posting requirements for employers in New Jersey.

What We’re Reading

“Trade Secrets Law 25 Years After PepsiCo Disclosure Case,” a Law360 article by attorneys Peter Steinmeyer and Brian Spang. (Subscription required.)

WORKFORCE (re)imagined.TM

Employers are strategically preparing for business beyond the pandemic. Stay up to date as you reimagine your workforce.

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