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Launching Advanced Talent Acquisition Tools to Tackle Global Employer Recruiting Challenges in the Wake of COVID-19

In the United States, the COVID-19 pandemic initially created mass redundancies, as many employers, especially those in hard-hit industries like travel, accommodation and entertainment, were forced to part with talented employees they would normally retain. This sudden pressure to downsize created a glut of available talent composed of the most qualified pool of workers in recent memory. Faced with an uncertain future, these candidates were highly motivated to secure new employment right away.

In McDermott’s latest installment of International News, partner Richard Scharlat is joined by AC Lion’s Alan Cutter to explore the cutting-edge strategies employed by recruiters to facilitate the efficient and targeted placement of talent amid the global health crisis.

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What’s Expected in Employment Law in 2021?

Last year ended as an unprecedented and historic year, with far-reaching effects across diversity, equity and inclusion, employment practices and workplace standards. In a recent article for International Law Office, partners from McDermott’s Employment group highlight what changes are expected in 2021 and how these may affect employers and employees.

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Can Employers Make COVID-19 Vaccination Mandatory?

Can employers make COVID-19 vaccination mandatory?

Yes, with some exceptions. Experts say employers can require employees to take safety measures, including vaccination. That doesn’t necessarily mean an employee would get fired if they refuse, but they might need to sign a waiver or agree to work under specific conditions to limit risk.

With vaccine rollout underway in the United States, McDermott partner Michelle Strowhiro outlines considerations for employers in a recent article for The Associated Press.

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COVID-19 Stimulus Package Significantly Expands CARES Act Employee Retention Tax Credits

The Consolidated Appropriations Act, 2021, which became law on December 27, 2020, makes significant changes to the employee retention tax credits available under the Coronavirus Aid, Relief and Economic Security Act (the CARES Act). The changes are generally designed to increase the availability, scope and amount of the credits. Significantly, employers that received a Payroll Protection Program (PPP) loan (or that were related to employers that received a PPP loan) may be able to claim the credit, including retroactively for periods beginning as early as March 13, 2020.

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New Criminal Obligations on UK Employers and Employees

In September, the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 came into effect in the United Kingdom. The Regulations, together with earlier updates from the Government of the United Kingdom, require office workers who can work “effectively” from home to do so over the winter. What’s more, potential criminal liability attaches to any employer failure to comply with the Regulations.

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Cal/OSHA Adopts Emergency COVID-19 Workplace Standards

California’s Division of Occupational Safety and Health (Cal/OSHA) adopted emergency temporary standards on COVID-19 prevention in the workforce, effective as of November 30, 2020, following approval by the Office of Administrative Law. These temporary standards require most Californian employers to implement a written COVID-19 prevention program meeting certain criteria. While many employers have already followed Cal/OSHA guidance to minimize employees’ exposure to COVID-19, the new requirements warrant an immediate review of current policies to ensure compliance. For any companies that have not yet created a written plan, the rules require implementation of a written policy.

Writing for International Law Office, McDermott partners Ellen Bronchetti and Michelle Strowhiro break down the details of Cal/OSHA’s new standards.

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With Everyone Working from Home, What’s the Future of Freelance?

The freelance space, one of the few sectors to thrive as a result of the COVID-19 public health crisis, has seen a surge of openings, especially with the shift to remote work. But the blurred new reality can be bad for freelancers: An employer can have two workers doing essentially the same job, and sometimes what differentiates them is not what they turn in or the gains they make for the company but rather their earnings and insurance status, potentially putting a contractor in a disadvantaged position.

In a recent article from Durrelliot, McDermott partner Michelle Strowhiro explains the importance of establishing clear boundaries for freelancers and employees alike in the era of “working from home.”

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The EEOC Releases First Guidance on COVID-19 Vaccination for Employers

On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued its first direct guidance for employers regarding COVID-19 vaccines approved or authorized by the Food and Drug Administration (FDA). Important takeaways from the guidance, as well as FAQs from the EEOC, are discussed in the attached link.

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Will the Biden Administration Upend Workplace Law?

Joe Biden’s ascendance to the presidency not only spells doom for many of the Trump administration’s business-friendly employment policies; it also may place established tenets of federal labor law on the chopping block. Biden may bring with him to the White House an ambitious pro-labor platform aimed at giving workers and unions a leg up after four years in which the Trump administration moved the legal needle sharply in employers’ direction.

A recent article in Law360, featuring McDermott partner Ron Holland, outlines four areas that labor and employment lawyers should watch after the Biden transition.

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