Sign in Subscribe
Vaccination

Policy Matters in Labor and Employment: A Comprehensive Analysis

Strategic Insights

— 1 min read

President Biden's infrastructure package, officially signed into law, stands in contrast to the Build Back Better Act (BBB), which would significantly increase employer obligations. Meanwhile, the vaccine mandate and COVID-19-related edicts continue to spark disputes between states and the federal government, with the Supreme Court likely to be the final arbiter. In other developments, the College Basketball Players Association has filed an unfair labor practice charge against the NCAA, while the New York Department of Labor has issued guidelines for occupational cannabis issues.

Key Takeaways:

  • The infrastructure package, signed into law, allocates $110 billion for roads, bridges, and major infrastructure projects, and $25 billion for airports, among other allocations.
  • The Build Back Better Act (BBB) would increase employer obligations, including penalties for unfair labor practices, but faces an uphill battle in the Senate.
  • The vaccine mandate, currently stayed, will be heard by the Sixth Circuit Court of Appeals, with the Supreme Court ultimately likely to decide its fate.
  • Florida has enacted a law prohibiting businesses from requiring COVID-19 vaccinations without exemptions or alternatives, with penalties up to $50,000.
  • The College Basketball Players Association has filed an unfair labor practice charge against the NCAA, alleging that it misclassifies players as "student-athletes."
  • The New York Department of Labor has issued guidelines for occupational cannabis issues, including prohibiting marijuana testing for impairment unless required by federal or state law.

Statistics:

  • $110 billion allocated for roads, bridges, and major infrastructure projects under the infrastructure package.
  • $25 billion allocated for airports under the infrastructure package.
  • $10,000 per violation penalty for terminating an employee based on an impermissible vaccine mandate in Florida.
  • $50,000 penalty for an employer with more than 100 employees who terminates an employee based on an impermissible vaccine mandate in Florida.
  • 20% limit on non-tipped work for tipped employees under the FLSA's tip credit.
  • 30-minute daily limit on non-tipped work for tipped employees under the FLSA's tip credit.

Sources:

  • President Biden
  • Seyfarth Shaw LLP
  • College Basketball Players Association
  • Florida Governor Ron DeSantis
  • Texas Governor Greg Abbott
  • New York Department of Labor

Read more