Perspectives on Labor, Employment & OSHA

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). The Act voids pre-dispute arbitration agreements that require a party to arbitrate sexual assault or sexual harassment claims.

Adding to seemingly ever-shifting paid sick leave requirements in different places, the San Francisco Office of Labor Standards Enforcement (OLSE) has issued updated guidance under the San Francisco paid sick leave ordinance. The City approved the nation’s first paid sick leave ordinance in 2007.

ArentFox Schiff is proud to announce that Labor & Employment Partner Darrell S. Gay has been named among the most notable Black Leaders and Executives by Crain’s New York for the second consecutive year.

Join us for the second webinar in our series on March 8 at 12pm ET/9am PT led by moderators ArentFox Schiff Labor and Employment Partner Darrell Gay and Jay Jamrog, Co-Founder and Futurist, i4cp, who will be joined by special guests.

On September 9, the White House announced Executive Order 14042, which requires covered federal contracts to include a clause mandating compliance with guidance that had yet to be issued by the Safer Federal Workforce Task Force (Task Force).

Arent Fox’s Linda Jackson spoke with SHRM about the state of New York amending its whistleblower law to make it one of the most expansive in the country.

Following House approval of H.R. 4445 with overwhelming support (335 Yeas to 97 Nays) on February 7, 2022, the Senate approved the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 by voice vote on February 10, 2022.

The California Supreme Court has held that the standard for assessing whistleblower retaliation claims under  California Labor Code section 1102.5 is not the McDonnell Douglas test, but the more plaintiff-friendly standard articulated in Labor Code section 1102.6. 

Download Our Summary of the Most Important Cases.

It’s that time of year again when employers have to decide who they are sponsoring for an H-1B visa.

With nearly 150 similar class action lawsuits pending nationwide, the ruling is a win for the ERISA plaintiff’s bar, potentially supporting their expansive view of plan fiduciaries’ duty to monitor investments.

Section 10(j) of the National Labor Relations Act authorizes the NLRB to seek temporary federal court injunctions to stop employers and unions from engaging in unfair labor practices while a case is being litigated before the Agency.

Five years ago, USCIS routinely took three months to issue employment authorization documents (EADs) and advance parole (AP) travel documents.

Two years into the COVID pandemic the only certainty is uncertainty. This monthly webinar series will tackle the legal, cultural, and political changes in the workplace, providing insights to help you navigate the onslaught of information, misinformation, and change in our working world.

A California appellate court has ruled that a wrongful death action filed by an employee and her children arising from the death of the employee’s spouse from COVID-19 after she allegedly contracted the virus at work and infected her husband, was not “derivative” of her infection.

On January 13, the U.S. Supreme Court granted emergency relief to plaintiffs challenging OSHA’s COVID-19 Emergency Temporary Standard (ETS), and issued a stay on enforcement of the rule.

On January 13, 2022, the Supreme Court reinstituted a stay blocking OSHA’s COVID-19 vaccination and testing emergency temporary standard (ETS), which mandated that employers with 100 or more employees require their employees to get vaccinated or undergo weekly testing for COVID-19.

The Massachusetts Supreme Judicial Court has issued a unanimous opinion in Meehan v. Medical Information Technology, Inc., holding that the termination of an at-will employee for exercising the statutory right of rebuttal to information included in their personnel record.

The United States Supreme Court has granted certiorari to address the important question of whether the Federal Arbitration Act (“FAA”) requires the enforcement of an arbitration agreement that would require representative action claims.

In March 2020, the Department of Labor issued a rule billed as a measure designed to increase labor union financial transparency.

In a notice issued yesterday in The Atlanta Opera, Inc. 371 NLRB No. 45 (2021), the National Labor Relations Board (NLRB or Board) invited parties and amici to submit briefs addressing whether the Board should reconsider its standard for determining the independent contractor status of workers.  

Last week, we reported on the District of Columbia’s newly-announced requirement that certain indoor facilities verify that patrons, ages 12 and over, are vaccinated against COVID-19. Here’s some additional information that you should know.

In November, with the pandemic apparently subsiding in DC, Mayor Muriel Bowser eased the City’s indoor mask mandate. On December 20, with COVID-19 cases again on the rise, Mayor Bowser declared a new state of emergency and reinstated the mask requirement.  

The Massachusetts Supreme Judicial Court has issued an opinion in Jinks v. Credico (USA), LLC setting forth the appropriate standard governing joint employer liability under the Massachusetts Wage Act.

On December 17, the U.S. Court of Appeals for the Sixth Circuit dissolved the stay order that prohibited enforcement of the Occupational Safety and Health Administration COVID-19 Emergency Temporary Standard (ETS).