#WorkforceWednesday: Biden Seeks to Boost Competition, HERO Act Guidance, and Key Nominees Advance

Employment Law This Week® - Episode 218


It’s #WorkforceWednesday! This week, we focus on President Biden’s recent push to limit non-compete agreements and finalize key labor and employment appointments.

Video: YouTube, Vimeo.

Biden Executive Order Seeks to Boost Competition

President Biden has issued an expansive executive order, which aims to boost competition across the U.S. economy, lower prices for consumers, and increase pay for workers. The order encourages federal action to ban or limit non-compete agreements, reigniting a policy debate which raged at the end of the Obama administration over when and how non-competes can be enforced. Learn more.

New Guidance on the NY HERO Act

The New York Department of Labor has published its model safety plans under the new HERO Act, starting the clock for all Empire State employers to adopt airborne infectious disease exposure plans. Read more.

Senate Moves Forward on Biden Nominees

A flurry of employment related federal nominees have recently been approved or advanced by the U.S. Senate.

Other Highlights

Changes to Calculating Meal and Rest Period Premiums in CA

A new California Supreme Court decision requires employers to pay premiums at a higher rate when employees receive nondiscretionary compensation. This holding will not only require employers to adjust how they calculate meal and rest period premiums going forward, it will also expose some employers to litigation for past practices if such pay was not at the higher rate—despite the fact that, before this new decision, employers had no reason to believe that premiums should be paid at those higher rates.

Should Virtual Depositions Survive?

As the “new normal” of pandemic virtual legal proceedings appears to be waning, a question arises—which, if any, COVID-19 practices should continue to be utilized? Virtual depositions can remain an effective tool for litigators, and the critical considerations in determining whether to continue using this mechanism will hinge on the purpose of the deposition and the stature of the particular witness. Here’s more.

WORKFORCE (re)imagined.TM

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