This week, we continue our 2021 outlook series with a focus on labor and employment. With the new Presidential administration this year, we anticipate a number of changes in labor and employment laws on the federal level. The following are a few of the issues that may impact manufacturers in 2021.

Federal Government Involvement in

I am pleased to join as one of the regular contributors to the Manufacturing Law Blog. I am a labor and employment lawyer and I will be providing insights from that vantage point, which Matt Miklave has so ably contributed over the past several years. Matt is retiring from Robinson+Cole and we wish him well as he opens his own firm.

After months of countless updates on the status of the COVID-19 vaccine weaving its way through the regulatory approval process, the vaccine has arrived! Now many employers are grappling with a key question – what type of vaccination program can employers implement?

According to guidance issued by the Equal Employment Opportunity Commission (EEOC) on December 16, 2020, employers may implement a mandatory COVID-19 vaccine program for vaccines that have been authorized or approved by the Food and Drug Administration (FDA). As part of that program, employers may inquire as to whether an employee has been vaccinated and request proof of vaccination. That being said, according to the guidance, employers should review requests for reasonable accommodation from employees seeking an exemption from vaccination based on a disability or a religious reason. In reviewing such requests, employers would then determine if an unvaccinated employee would pose a “direct threat” to the health or safety of individuals in the workplace that cannot be reduced to an acceptable level by conducting a case-by-case analysis and taking an approach that is meant to limit potential risks.
Continue Reading To Require or Encourage COVID-19 Vaccine. . . That is the Question

Regular readers of this blog know that I have been cautioning manufacturers about what I expect will become a significant “snap back” in federal workplace regulations because of Joe Biden’s election as president.  It may be time to consider the changes which may lay ahead.

During his first term, President Biden will be able to

This week we are pleased to have a guest post from Jennifer L. Shanley, a member of Robinson+Cole’s Immigration Group. Her preparation of temporary and permanent immigration petitions allow manufacturing, chemical, pharmaceutical, and biotechnology companies, including some Fortune 100 companies, to retain key business people, scientists, researchers, and other professionals.

The National Association of Manufacturers (NAM), along with several prominent business organizations, filed a lawsuit in federal court to stop the Department of Homeland Security’s (DHS) regulations governing the H-1B nonimmigrant visa program that would disrupt manufacturers’ ability to hire and retain critical high-skilled talent.

By way of background DHS announced an interim final rule that revises the definition of H-1B specialty occupation to include the requirement of a specific relationship between the required degree field(s) and the duties of the offered position. It also restricts eligibility for the program in several additional ways, including requiring employers to provide contracts, work orders, itineraries or similar evidence to prove employer-employee relationship when sending H-1B workers to third party worksites, ultimately providing the U.S. Citizenship and Immigration Services (USCIS) with the ultimate discretion on who meets the definition of employer and employee. The other rule issued by the Department of Labor increased the wage floor companies are required to pay employees to historically high rates.
Continue Reading Manufacturers Fighting Disruptive Immigration Reform

Effective September 30, the New York State Paid Sick Leave Law (NYSPSL Law) and amendments to the New York City Paid Safe and Sick Leave Law (NYCPSL Law) became effective requiring implementation of new leave accrual, record-keeping and reporting obligations.  Manufacturers with operations in New York State or New York City may need to

On Friday, September 11, the U.S. DOL issued revised regulations under the Families First Coronavirus Response Act (“FFCRA”).  Responding to a Federal Court’s August 4 decision invalidating four provisions in the prior regulations (see Post here), the Revised Regulations become effective September 16 and will sunset on December 31, 2020.

Adopted with lightning speed in

A United States federal judge in Manhattan struck down four regulations issued by the United States Department of Labor (“DOL”) limiting paid leave entitlements under the Families First Coronavirus Response Act.  In his August 3, 2020 decision, Judge J. Paul Oetken found the DOL exceeded its authority (a) by determining that employees were not entitled

The Novel Coronavirus, the speed by which science continues to discover new aspects of the disease and the response of the United States government to these developments has tested manufacturers.  One aspect of this testing concerns, well, testing.

The Americans with Disabilities Act has long banned manufacturers from requiring medical evaluations unless both “job-related” and

This week we are pleased to have a guest post from Jennifer L. Shanley, a member of Robinson+Cole’s Immigration Group. Her preparation of temporary and permanent immigration petitions allow manufacturing, chemical, pharmaceutical, and biotechnology companies, including some Fortune 100 companies, to retain key business people, scientists, researchers, and other professionals.

President Trump signed a proclamation temporarily suspending the entry of certain H-1B, L-1, H-2B and J-1 foreign national workers and their dependents who are currently outside of the U.S. and do not have a valid visa or other valid travel document. The order will take effect on June 24, 2020 and will be in effect through December 31, 2020, though it could be extended, if the president determines it is necessary.

By way of background, foreign nationals can work in the U.S. in a variety of work authorized categories, some of the most prominent being H-1B and L-1. Those in H-1B status are working for an employer in a specialty occupation; those working pursuant to L-1 status are intracompany transferees who worked for the U.S. company’s related entity abroad in either a managerial or executive role or one that requires specialized knowledge and are working for a U.S. employer in that same capacity. Other significant categories include the J-1, which is an exchange visitor status to participate in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program and the H-2B program allows for temporary nonagricultural labor or services.
Continue Reading Trump Proclamation Curtails the Ability of Manufacturers to Bring Workers in From Outside USA

This is the second of two posts dedicated to reopening plans for manufacturers.  In the first post on May 26, I addressed the first two questions which every manufacturer may wish to ask as it forms its reopening plans.  Manufacturing;  Back to Business (Part One) (May 26, 2020).  Here, I address the next four questions.