Labor & Employment Workforce Watch

February 2021

A guide to the employment law developments most likely to impact your business.

In This Issue:

The Biden Administration: What May Be Ahead and Already Is Happening
Biden-Harris Administration changes in labor and employment laws, regulations and executive orders of course cannot be predicted with certainty. read more

Fifth Circuit Adopts More Stringent Approach to Collective Action Certification Under ‎the FLSA
On January 12, 2021, the United States Court of Appeals for the Fifth Circuit issued its opinion in the case of Swales v. KLLM Transport Services, L.L.C., drastically changing the landscape of wage and hour litigation there and potentially marking the beginning of a new approach that other courts will follow. read more 

New and Expanding “Fair Workweek” Laws Likely to Increase Costs for Employers Looking to Address Last-Minute Changes in Staffing Needs as the Pandemic Continues
The COVID-19 pandemic forced many employers to lay off or furlough employees, conduct reorganizations, and otherwise adjust to partial operations, sometimes on short notice. read more

California Employment Law Update
While California employers have had to vigorously monitor employment law changes relating to the COVID-19 pandemic, California Governor Gavin Newsom also signed several additional employment laws, which are not related to the pandemic. read more 

Surprise Medical Billing – Changes to Law Will Have a Significant Impact on Group Health Plans
On December 21, 2020, Congress passed the Consolidated Appropriations Act, 2021, which included a $900 billion COVID-19 relief and stimulus package and a new set of rules intended to address “surprise” medical billing. read more