Articles by PC Editorial Staff

While the COVID-19 public health emergency (PHE) may have officially ended on May 11, for many individuals, the symptoms of Long COVID are very much a daily reality. On June 21st, 2023, the U.S. Department of Health and Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA), issued an advisory detailing the mental health symptoms of Long COVID. In b...

On June 23rd, 2023, the U.S. Supreme Court (SCOTUS) ruled in Coinbase Inc. v. Bielski that if a district court denies a party’s initial request to compel arbitration, the court must stay its proceedings while its decision is appealed, effectively preserving the benefits of arbitration for business entities. Namely, these benefits include privacy, lower cost, and efficiency. While the specific c...

The U.S. Equal Employment Opportunity Commission (EEOC) has released its updated “Know Your Rights: Workplace Discrimination is Illegal” (updated Know Your Rights) poster, which includes a section reflecting protections for pregnant workers under the Pregnant Workers Fairness Act (PWFA). This poster will replace the previous October 2022 version of the poster. As the PWFA goes into effect on Ju...

This month, the U.S. Department of Labor (DOL) stated that its Independent Contractor final rule will now be ready for publication in October 2023. Subsequently, this date is five months later than the DOL’s previously projected date. The DOL made its statement in a filing with the U.S. Court of Appeals for the Fifth Circuit (the Fifth Circuit). As the nation’s primary wage law and one of the m...

On June 14th, 2023, the U.S. Citizenship and Immigration Services (USCIS) released policy guidance on the eligibility criteria for applications for employment authorization documents in compelling circumstances. Existing regulatory requirements under 8 CFR 204.5(p) determine applicant eligibility for employment authorization in compelling circumstances. Meanwhile, employers are obligated to ver...

As wildfires north of the U.S. continue to create air pollution hazards in parts of the country, the Occupational Safety and Health Administration (OSHA) has urged U.S. employers to protect outdoor workers from wildfire hazards and poor air quality. OSHA recently shared resources and wildfire safety tips for employers with outdoor workers in time for the hot summer season. As record heat waves ...

Ahead of the Fourth of July and Labor Day, the U.S. Department of Labor (DOL) issued an opinion letter containing guidance on the Family and Medical Leave Act (FMLA) detailing how to calculate FMLA leave during a week with a holiday. Briefly, the DOL’s guidance makes a distinction between employees taking constant, uninterrupted FMLA leave and those taking intermittent leave. In February 2023, ...

This month, the U.S. Department of Labor (DOL) announced that a California food manufacturer will pay $650,000 as a result of their illegal worker misclassification. Briefly, the employer failed to pay overtime wages to employees it misclassified as independent contractors and exempt from overtime. In October 2022, the DOL published a proposed independent contractor rule to prevent worker miscl...

Recently, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo released a memo urging the NLRB to declare employee non-compete agreements unlawful under the National Labor Relations Act (NLRA). Notably, if the NLRB were to adopt Abruzzo’s position, it would be an unprecedented expansion of its authority. Abruzzo’s push to ban non-competes follows recent action by the Federal T...

This month, the U.S. Small Business Administration (SBA) completed its second required five-year review of its small business size standards. Briefly, these size standards determine a business’s eligibility for all SBA small business loan programs. In order to qualify for loans, companies must satisfy the agency’s definition of a “small business concern.” In May 2023, the Biden Administration a...