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Adrift, Yet Connected

Some estimates have upwards of 10 million Americans living abroad; three-fifths of them are working in some fashion, according to a 2017 survey by the expatriate support organization InterNations. And even if a much smaller number are working for US employers, a substantial portion have spent much of 2020 navigating the challenges of visa, benefits, taxes and work status. Beyond that, the challenges that come along with remote work—Zoom fatigue, balancing caregiver roles with job tasks and more—are exacerbated by working across a long stretch of time zones.

In a recent article by Evolve, McDermott partner Brian Cousin outlines the importance of employers staying engaged with their employees working abroad—and staying on top of shifting employment circumstances and restrictions.

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UK Tax Perspective on Expatriates Working Abroad

UK employees “working from anywhere” face fines or investigations from foreign tax authorities if they stay too long, become a resident in a foreign country for tax purposes and fail to declare their UK incomes. In some cases, they could also be hit with double taxation on the same earnings.

In a recent article in The Daily Telegraph, McDermott partner Simon Goldring advises employees to consider the tax implications of extended “work from home” abroad.

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Women and the Pandemic Workplace: Leadership’s Critical New Challenges

Leadership’s responsibility for assuring gender equality within the workplace just received an important, highly public “push.” In a recent article in Forbes, McDermott partner Michael Peregrine analyzes a crucial study by McKinsey and LeanIn.org, which concluded that women have born an outsized workplace-related burden during the COVID-19 economy.

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Dress Code Policies Reconsidered in the Pandemic

Employers are contending with how to respond to telecommuters dressing down during the pandemic. Companies also are considering how to ensure dress codes don’t unlawfully discriminate or violate National Labor Relations Act (NLRA) rights.

In a recent article by the Society of Human Resource Management, McDermott Employment associate Philip Shecter advises employers to be mindful of these rights, which may arise in the context of attire in favor of social justice movements.

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Labor Relations Could See Changes under Biden

As the US election cycle begins to wind down, labor stakeholders say one thing is clear: Labor relations across the nation could see big changes under Democratic president-elect Joe Biden. In a recent article by the Daily Journal, McDermott partners Ron Holland and Chris Foster discuss the impacts a Biden presidency could have on the National Labor Relations Board and the state of labor relations in the United States.

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Can Employers Make Vaccines Mandatory in a Pandemic?

Even though a vaccine to prevent COVID-19 isn’t available yet, it’s not too early for employers to start considering whether they will require employees to get the vaccination when it is ready. In a recent article by the Society of Human Resource Management, McDermott partners Michelle Strowhiro and Sandy DiVarco highlighted some of the factors, considerations and accommodations that may be necessary once a vaccine is ready.

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Employers Grapple with Workers’ Off-Duty Behavior

Employees gathering with friends, expressing their political views and posting about these things on social media have created for employers an increasingly urgent question: When the people engaging in unsafe or politically charged behavior are your employees, and the conduct happens off the clock, is it appropriate or even possible to discipline them?

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President Releases Executive Order Prohibiting Training for Contractors and Federal Grant Recipients

On September 22, 2020, US President Donald Trump issued an Executive Order, which prohibits federal contractors and recipients of federal grants from conducting certain workplace training on race and sex stereotyping. This Executive Order is likely to be challenged on various grounds, including First Amendment grounds, but all employers may wish to review their workplace training materials in anticipation of future Equal Opportunity Commission (EEOC) action for reverse discrimination.

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New California Law SB 1159 Creates Workers’ Compensation Presumption for Certain Eligible Employees

On September 17, 2020, California Governor Gavin Newsom signed SB 1159 into law, which is effective immediately for all employers. Among other things, the law creates a “disputable presumption” under workers’ compensation statutes for certain employees with confirmed cases of COVID-19 and establishes reporting requirements on confirmed cases and number of employees.

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California AB 685 Requires Employers to Provide Notice of COVID-19 Exposure in the Workplace

California’s AB 685, signed by Governor Gavin Newsom last week, does two things: (1) it creates an enforceable statewide standard for how employers handle potential exposure to COVID-19 and outbreaks of COVID-19 in the workplace; and (2) it expands the power of California’s Division of Occupational Safety and Health (Cal/OSHA) to enforce this standard and to take action to protect employees, including shutting down worksites deemed to be an “imminent hazard” due to COVID-19 risk.

The following Frequently Asked Questions are provided to guide employers through the details regarding how the new law will require employers to handle a potential exposure scenario, and to explain the new authority of Cal/OSHA’s enforcement powers.

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