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Last month, the Biden administration unveiled its American Families Plan, an initiative focused on supporting children and families that includes making investments in education, extending tax cuts to lower and middle-income workers, and making child care more affordable.
Also included in the plan is a proposal to create a national paid family and medical leave program. Currently, the only law at the federal level governing family and medical leave – such as leave as to care for a new child, care for a seriously ill family member, or recover from a serious health condition – is the Family and Medical Leave Act, and leave provided under the FMLA is
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Businesses, more than ever, have an increased focus on social media and other online marketing. But, by advertising online, companies may be allowing others to use their content without consent.
When you post online, the content is very likely to be subject to a license with the online platform provider. Such a license may give third parties the right to use that content as soon as it is posted.
For example, under its terms of use, Instagram has the right to use publicly posted content until the content or the account of the user that posted the content is deleted. If your content is shared or reposted, it may be difficult (if not impossible) to fully delete access to such content, potentially allowing Instagram, and third parties, free use of your prior posts without your consent.
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In order to prepare for issues Oklahoma employers could face in the future, we monitor lawsuits filed in other states that present new, unique, or challenging claims for employers. Keeping track of national trends makes Oklahoma employers better equipped to address workplace challenges. A recent California lawsuit may offer a preview of pandemic-related claims we may encounter in our own state.
Health orders and advisories
During the course of the COVID-19 pandemic, San Francisco and Bay Area Counties issued shelter-in-place orders requiring individuals to remain in their residences to limit the spread of the virus. Later, health orders were issued governing the safe reopening of the economy. San Francisco’s reopening orders required strict health and safety measures, including daily screening protocols and workplace cleaning and decontamination procedures. The U.S. Centers for Disease Control (CDC) recommended similar
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In early January 2021, the Trump administration created a new, employer-friendly regulation that would have made it easier (or at least provided clarity) for companies to classify workers as independent contractors. That rule was set to go into effect on March 8, 2021. However, on March 12, 2021, the new Biden administration slammed on the brakes, announcing its intention to withdraw the independent contractor regulation. On May 6, 2021, the Biden administration followed through and formally withdrew the regulation.
Prior to the now-rescinded rule, the U.S. Department of Labor and courts used the “economic realities” test to analyze whether a worker was correctly classified as an independent contractor. That test generally looked at six factors: (1) The degree of the employer’s right to control the manner in which the work is to be performed; (2) the worker’s opportunity for profit or loss depending upon his or he
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In early January 2021, the Trump administration created a new, employer-friendly regulation that would have made it easier (or at least provided clarity) for companies to classify workers as independent contractors. That rule was set to go into effect on March 8, 2021. However, on March 12, 2021, the new Biden administration slammed on the brakes, announcing its intention to withdraw the independent contractor regulation. On May 6, 2021, the Biden administration followed through and formally withdrew the regulation.
Prior to the now-rescinded rule, the U.S. Department of Labor and courts used the “economic realities” test to analyze whether a worker was correctly classified as an independent contractor. That test generally looked at six factors: (1) The degree of the employer’s right to control the manner in which the work is to be performed; (2) the worker’s opportunity for profit or loss depending upon his or he