After a year’s worth of various executive orders addressing worker safety issues arising from the COVID-19 pandemic, as of May 6, 2021, New York has adopted novel legislation designed to protect employees. The stated goal of the New York Health and Essential Rights Act, or NY HERO Act, is to provide support for workers and give them the tools to keep themselves and their families safe.

In late April 2021, the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) issued two memoranda that shed light on how the agency will implement President Biden’s directives on environmental justice in environmental enforcement actions. The memoranda describe a significant shift in EPA’s enforcement focus, moving beyond traditional actions against noncompliance to a new emphasis on mitigating harm and delivering benefits to communities affected by environmental non-compliance, including reparation for past harm.

On June 1, 2021, the California Contractors State License Board (CSLB) will start accepting applications for a new classification of licensees – Class B-2 Residential Remodeling. The CSLB will continue to offer the Class B General Building license classification.

This week, the Department of Labor (DOL) repealed the Trump Administration’s independent contractor rule under the Fair Labor Standards Act (FLSA). The DOL has also proposed the rescission of the Trump Administration’s joint employer rule and sent a new proposed regulation to the White House Office of Information and Regulatory Affairs (OIRA) for review. Both moves signal a return to standards more likely to find an employment relationship.

In a decision with wide-ranging implications for the California trucking industry, the Ninth Circuit Court of Appeals ruled this week that the Federal Aviation Administration Authorization Act of 1994 (the FAAAA) does not preempt the ABC employment test adopted under A.B. 5.

Effective May 1, 2021, the Florida courts will transition to a new summary judgment standard meant to “align Florida’s summary judgment standard with that of the federal courts and of the supermajority of states that have already adopted the federal summary judgment standard.” Consistent with this amendment, Florida Rule of Civil Procedure 1.510 has been amended to adopt the federal summary judgment rule, with exceptions for timing-related issues.

The Small Business Administration (SBA) is moving forward to implement an application process for tax-free COVID-19 relief grants to restaurants, bars, and food-service establishments. In the latest developments, the SBA portal will open at 9:00 a.m. ET on April 30, 2021 for applicants to register, and applications will be accepted starting Monday, May 3, at noon.

As a result of a new ordinance passed by Philadelphia City Council, employers, labor organizations, and employment agencies in Philadelphia may not require a prospective employee to submit to testing for the presence of marijuana in the person’s system as a condition of employment.