Hunton Employment & Labor Perspectives

Analysis and Development in Employment & Labor Issues

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Latest from Hunton Employment & Labor Perspectives

Hunton Employment & Labor Perspectives

Virginia Super Lawyers Recognizes Reilly Moore

By Hunton Andrews Kurth LLP

May 10, 2021

HuntonAK Labor and Employment associate Reilly Moore was recognized as a Rising Star for Employment & Labor by The Washington Post Magazine and Virginia & West Virginia Super Lawyers Magazine, 2021. Super Lawyers acknowledges outstanding practice group lawyers “who have attained a high-degree of peer recognition and professional achievement.” Reilly is an Executive Committee Member for the Richmond Bar Association, Young Lawyers Section and serves as a Law School Council Liaison for the Virginia Bar…

Hunton Employment & Labor Perspectives

California’s COVID Right-to-Recall Law Unites Patchwork of Local Ordinances

By Andrea R. Calem & Julia Y. Trankiem

May 3, 2021

On April 16, 2021, Governor Newsom approved S.B. 93, a statewide COVID right-to-recall law that faltered on its first attempt last October. In the interim, a number of counties and cities (including the Cities of Los Angeles, Oakland, San Francisco, San Diego, and Pasadena, and Los Angeles County) passed almost identical measures, which will remain in effect to the extent they are more generous than the state law.…

Hunton Employment & Labor Perspectives

NY DOL Releases Guidance on COVID-19 Vaccination Leave

By Gary Enis & Christopher M. Pardo

April 27, 2021

Last month, the State of New York passed legislation which permits New York employees up to four hours of paid leave to receive a COVID-19 vaccination. While this new legislation became effective immediately upon passing on March 12, 2021, employers were left with many questions regarding their obligations under the law. In an effort to resolve some of these questions, the New York Department of Labor issued guidance in the form of FAQs to provide…

Hunton Employment & Labor Perspectives

Biden’s Nominee to Lead OSHA May Signal Increased Enforcement Scrutiny

By Reilly C. Moore & Susan F. Wiltsie

April 21, 2021

President Joseph R. Biden on April 12 nominated current Cal/OSHA Chief Doug Parker to lead federal OSHA. If confirmed, employers should prepare for the potential that California-style enforcement may reach the federal law. President Biden has pledged to make improved working conditions a central tenet of his administration, including support for changes to federal OSHA and the National Labor Relations Act. Parker’s nomination is consistent with a trend towards increased enforcement of employers by federal…

Hunton Employment & Labor Perspectives

Legal Considerations of Employer-Provided Covid-19 Vaccine Incentives

By Savannah R. Gibbs & Amber M. Rogers

April 13, 2021

Covid-19 has left employers who want their employees back in the office in a difficult position. With the pandemic still raging, many employees are fearful of returning to the office with unvaccinated peers. In order to ease their employees’ concerns and provide a safe work environment, some employers are offering incentives to get vaccinated. Some existing vaccine incentives include gift cards, time off after receiving the second dose, pay for the time spent getting the…

Hunton Employment & Labor Perspectives

DOL and OSHA: Agency Updates

By Crawford C. LeBouef, Alan J. Marcuis & Susan F. Wiltsie

April 6, 2021

On March 22, 2021, Marty Walsh, the two-term Boston mayor, was confirmed as the Labor Secretary by the United States Senate in a 68-29 vote. He becomes the first union leader to run the Department of Labor (the “DOL”) in over four decades. Workplace safety will be one area that we can expect to undergo significant change under Walsh. Recently, the Occupational Safety and Health Administration (“OSHA”) released a new National Emphasis Program (“NEP”) that…

Hunton Employment & Labor Perspectives

COBRA Subsidies Under ARPA: Employer Action Needed

By Jessica N. Agostinho

March 30, 2021

The American Rescue Plan Act (“the Act”) signed in March 2021 provides for a 100% COBRA premium subsidy for certain individuals who are eligible for and enroll in COBRA coverage between April 1, 2021 and September 30, 2021. Employers sponsoring health plans should take action quickly to ensure that the subsidy is properly administered and consider its effects on any planned layoffs or other severance events. In order to be eligible for the subsidy, an…

Hunton Employment & Labor Perspectives

California Passes New COVID-19 Sick Leave Requirements for 2021

By J. Drei Munar & Emily Burkhardt Vicente

March 23, 2021

Employers with more than 25 employees must provide COVID-19 supplemental paid sick leave to their California employees under a recent law signed by the Governor. This new law is broader than California’s prior COVID-19 paid sick leave law and, unlike the prior law, also covers employees who telework. The new sick leave entitlement is retroactive to January 1, 2021 and extends until September 30, 2021. Who Must Provide Supplemental Paid Sick Leave? SB 95 covers…

Hunton Employment & Labor Perspectives

CA DFEH Issues Guidance on Mandatory Employee Vaccination

By Matthew I. Bobb & Julia Y. Trankiem

March 19, 2021

California employers may mandate employee vaccination under new guidance from the State’s Department of Fair Employment and Housing (DFEH). With the opening up of California businesses and expansion of vaccine eligibility, a key question facing employers has been whether they can require their employees to get vaccinated. On March 4, 2021, California’s DFEH finally weighed in with its updated COVID-19 Guidance on several open questions regarding employee vaccination under California law. The U.S. Equal Employment…

Hunton Employment & Labor Perspectives

Department of Labor Expands Unemployment Insurance Eligibility To Include Workers Who Declined Work Due to Pandemic Safety Concerns

By Karen Jennings Evans & Holly H. Williamson

March 18, 2021

The U.S. Department of Labor recently issued guidance to state unemployment insurance agencies, expanding the categories of workers that are eligible for Pandemic Unemployment Assistance. The PUA program was created in March 2020 to provide payments to certain people affected by COVID-19, as well as independent contractors and gig workers who do not usually qualify for unemployment insurance. While funded by the federal government, states are responsible for administering it. New Eligibility Categories This new…