Employment Law Updates

On February 18, Joe Biden extended the Covid-19 National Emergency for an additional year. This means that certain deadlines for COBRA and HIPAA such as the following continue to be extended:

A bill has been sent to the president's desk that would ban pre-dispute employment arbitration agreements for sexual-harassment and sexual-assault claims. The House overwhelmingly approved H.R. 4445 in a 335-97 vote on Feb. 7. The Senate passed the measure on Feb. 10, and President Joe Biden is expected to sign the bill into law. Although the bill bans pre-dispute agreements to arbitrate sexual-harassment claims, employees can opt for arbitration after the claim arises. The bill would apply to all new claims, regardless of when the claim arose. This means that if an employer requires an employee to sign an arbitration agreement, and that employee later claims to have been sexually assaulted or harassed, the employee can arbitrate their claim or sue in court. The full text of the proposed bill can be found here: H.R. 4445

John Falcone and Luke Malloy handle employment law matters at PLDR Law. Feel free to contact us if you have questions about this matter.

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The Safety and Health Codes Board of the Virginia Department of Labor convened on February 16, 2022 to discuss whether there is a continued need for the “Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes Covid-19”. By a 7-3 vote, the Board voted to withdraw the standard, following the recommendation of the Virginia Occupational Safety and Health Administration that a “grave danger” to workers no longer exists and the standard is no longer legally justified. There will be a 30-day comment period before a final vote will be held on the future of the standard. We will keep you updated regarding developments with Virginia’s Permanent Standard.

John Falcone and Luke Malloy handle employment law matters at PLDR Law. Feel free to contact us if you have questions about this matter.

PLDR Law John Falcone 1  Luke Malloy square

The Safety and Health Codes Board of the Virginia Department of Labor and Industry will convene on February 16, 2022 at 10:00 am to discuss whether there is a continued need for the “Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes Covid-19”. The board will consider recent federal action regarding the Occupational Safety and Health Administration Emergency Temporary Standard. There will be an opportunity for the public to comment on the board’s decision. The meeting will be held physically and virtually, instructions for accessing the meeting can be found here: https://townhall.virginia.gov/l/ViewMeeting.cfm?MeetingID=34796. We will update you on this issue as more information becomes available.

John Falcone and Luke Malloy handle employment law matters at PLDR Law. Feel free to contact us if you have questions about this matter.

PLDR Law John Falcone 1  Luke Malloy square

The Employee Benefits Administration, an arm of the U.S. Department of Labor, on February 4 issued new guidance about the requirement for health plans to cover the cost of certain COVID test kits. The requirement is part of the Affordable Care Act as supplemented by federal COVID-related laws.

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