Hunton Andrews Kurth LLP

Hunton Andrews Kurth is a global law firm serving clients in the United States, Europe, Latin America and Asia. The firm handles transactional, litigation and regulatory matters for a diverse client base, with significant experience in retail and consumer products, energy, financial services, real estate, and privacy and cybersecurity.

Cal/OSHA Releases Guidance on New COVID-19 ETS Impacting Employers and Workers

By Susan F. Wiltsie & Blake E. Guerrero

May 24, 2022

On May 7, 2022, the California Occupational Safety and Health Standards Board (“Cal/OSHA”) released guidance, in the form of updated FAQs and fact sheets, concerning the revised COVID-19 Prevention Emergency Temporary Standards (“ETS”) that were adopted on April 21, 2022, and became effective on May 6, 2022. This ETS applies to non-remote workers in California, except those who work alone and those covered by the Aerosol Transmissible Diseases standard, and will remain in effect until…

Privacy & Information Security Law Blog

FTC Announces Virtual Open Meeting to Discuss COPPA and Education Technology

By Hunton Andrews Kurth LLP

May 17, 2022

On May 19, 2022, the Federal Trade Commission will hold a virtual open meeting. The meeting’s tentative agenda includes a vote by the FTC on a policy statement prioritizing the enforcement of the Children’s Online Privacy Protection Act (“COPPA”) as it applies to the use of education technology. In response to the expanded use of education technology during the COVID-19 pandemic, the policy statement clarifies that parents and schools must not be required to…

Hunton Retail Law Resource

Recall Roundup: April

By Kelly L. Faglioni, Geoffrey B. Fehling, Kevin V. Small & Nathaniel S. Shepherd

May 12, 2022

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The Recall Roundup is a monthly survey of regulatory activity affecting the manufacture, distribution, and sale of consumer products. Subject matter may include the latest product recalls, major federal agency developments, and proposed or new federal rules. The blog’s goal is to provide an overview, rather than a comprehensive report on every development that could potentially affect businesses or consumers. Nothing herein constitutes legal advice. If you have questions or comments about the blog, please…

Business Immigration Insights

Automatic Extension of Work Authorization Further Extended for Certain EAD Applicants

By Shaena M. Rowland

May 3, 2022

USCIS announced that effective May 4, 2022, certain categories of Employment Authorization Document (“EAD”) applicants will be eligible for an additional extension of automatic work authorization, beyond that to which they are already entitled. Background: Through a series of unfortunate events, USCIS processing timelines across the board have taken a hit over the past couple of years. Much in the same way that COVID-19 impacted the rest of the world’s workforce, during 2020 and 2021,…

Hunton Employment & Labor Perspectives

Maryland Becomes the Tenth State to Pass a Paid Family Leave Law

By Ryan M. Bates & Jason P. Brown

April 12, 2022

On April 9, 2022, Maryland became just the tenth state (in addition to the District of Columbia) to enact a paid family and medical leave law that covers private-sector workers, after overriding Governor Larry Hogan’s (R) veto. Neighboring Delaware may soon follow—a similar bill passed the Delaware Senate in March and is pending a vote in the House. The Maryland law creates a new Title 8.3 to the Annotated Code of Maryland and establishes the…

Hunton Employment & Labor Perspectives

D.C.’s Ban on Non-Competes Delayed Again

By Ryan M. Bates & Scott W. Burton

April 5, 2022

As we previously reported, in late 2020, the District of Columbia’s Council passed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”), but more than a year later, employers and employees may still legally enter into binding covenants not to compete. So what happened, and what’s next for non-competes in the District? What the Law Says The law prohibits D.C. employers from requiring or requesting that an employee sign an agreement that…

Privacy & Information Security Law Blog

Negotiations on Enhanced EU-U.S. Privacy Shield to Intensify

By Hunton Andrews Kurth LLP

March 25, 2022

On March 25, 2022, European Commissioner for Justice Didier Reynders and U.S. Secretary of Commerce Gina Raimondo issued a joint statement announcing that the negotiations on an enhanced EU-U.S. Privacy Shield framework will intensify (the “Joint Statement”). A new framework for transfers of personal data between the EU and the U.S. has been needed since the previous EU-U.S. Privacy Shield framework was annulled by the Court of Justice of the European Union in the Schrems …

Hunton Employment & Labor Perspectives

EEOC Provides New Guidance on COVID-19 Pandemic and Caregiver Discrimination

By Holly H. Williamson & Michael A. Pearlson

March 24, 2022

On March 14, 2022, the Equal Employment Opportunity Commission (“EEOC”) issued a technical assistance document providing guidance when it comes to claims of discrimination against employees and applicants with caregiving responsibilities in connection with the COVID-19 pandemic (“Guidelines”). The Guidelines, entitled “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Laws”, examine discrimination against employees and applicants based on pandemic caregiving responsibilities, noting that such discrimination may violate Title VII of the…

Hunton Employment & Labor Perspectives

Remote Employees Can Bring Class Action Under The WARN Act

By Juan C. Enjamio & Steven J. DiBeneditto Jr.

March 21, 2022

The Worker Adjustment and Retraining Notification (“WARN”) Act requires employers to give employees at least 60 days’ notice when a “mass layoff” is about to occur at a “single site of employment,” which is typically a single location or a group of contiguous work locations. Courts are beginning to confront the question of what constitutes a “single site of employment” under the WARN Act for employees working remotely, and how remote work policies impact class…

Hunton Employment & Labor Perspectives

Gov. Newsom Suspends Cal/OSHA’s Requirement That Unvaccinated Workers Wear Masks Indoors

By Emily Burkhardt Vicente & J. Drei Munar

March 11, 2022

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Over the course of the pandemic, California employers have contended with rapidly changing rules on workplace safety. Mask requirements in the workplace have been an especially evolving area, where the rules have not only varied between the federal, state, and local jurisdictions, but were often inconsistent across different state agencies. California has now taken steps, however, to align the state’s new mask mandates for the public as well as in the workplace. Beginning December 15,…

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