Perspectives on Labor, Employment & OSHA

On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit issued an Opinion lifting the stay of OSHA’s emergency temporary standard (ETS) requiring employers with 100 or more employees to implement mandatory COVID-19 vaccine or weekly testing policies for their employees.

On December 6, 2021, New York City Mayor Bill de Blasio announced a new COVID-19 vaccine mandate for all private sector employers that employ more than one employee in New York City.

California law requires commercial cannabis licensees with 20 or more non-supervisory employees to enter into a labor peace agreement; however, the legal requirements of such an agreement are far less than labor unions would suggest.

On December 6, 2021, New York City Mayor Bill De Blasio announced a new COVID-19 vaccine mandate for all private-sector employers who employ one or more employees in New York City.

Shifting standards and deadlines place additional burdens on contractors seeking to remain in compliance.

Last week, the EEOC again updated its COVID-19 technical assistance; this time, to include more information about employer retaliation in pandemic-related employment situations. 

We have reported on OSHA Emergency Temporary Standard (“ETS”), published on November 5th, that mandates that covered employers require their employees to be fully vaccinated against COVID-19 or obtain weekly COVID-19 tests and wear a facemask in the workplace.

Twenty-five Arent Fox LLP practices have been recognized in the 2022 “Best Law Firms” rankings that are published annually by US News & World Report and Best Lawyers.

On November 12, the Fifth Circuit extended its stay on 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.

On November 4, 2021, CMS issued its Omnibus Staff Vaccination Rule, mandating that all Medicare and Medicaid-certified facilities regulated under Medicare health and safety standards require that their employees be fully vaccinated against COVID-19 by January 4, 2022.

On Thursday, November 4, the Occupational Safety and Health Administration (OSHA) published an emergency temporary standard (ETS) making good on President Biden’s pledge to require private employers with 100 or more employees to implement vaccination-or-testing mandates for their employees.

Schiff Hardin LLP has received 39 top-tier rankings in the 2022 edition of U.S. News – Best Lawyers® “Best Law Firms,” nationally recognizing the firm’s premier practices.

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) mandating that large employers require employees to be fully vaccinated against COVID-19 or obtain weekly tests and wear face coverings in the workplace.  

Earlier this week, the EEOC updated its COVID-19 Technical Assistance.

On Monday, the U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” to address religious objections to employer vaccine mandates.

On October 7, 2021, Governor Newsom signed the Silenced No More Act (SB-331), which expands existing restrictions on the use of non-disclosure agreements (NDAs) in settlement agreements based on claims of workplace discrimination, harassment, or retaliation.  

On October 13, 2021, the EEOC once again issued updated FAQs concerning the application of the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and the Genetic Information Nondiscrimination Act, among others, to issues arising out of the COVID-19 pandemic. 

Large employers should soon have specific guidance on complying with the Occupational Safety and Health Administration (OSHA) vaccine and testing mandate.

The Massachusetts Department of Family Medical Leave (DFML), which administers the Paid Family and Medical Leave (PFML) law in Massachusetts has published important information regarding an increase in the amount of weekly benefits available in the upcoming year.

As COVID-19 vaccination mandates continue to increase across the country, employers are legally required to manage, and in some cases accommodate exemption requests

On September 24, 2021, the Safer Federal Workforce Task Force published its Guidance for Federal Contractors and Subcontractors that set forth the requirements for a covered contractor.

In a positive development for employers faced with competing Private Attorneys General Act (PAGA) actions, on September 30, 2021, the California Court of Appeals (Second District, Division Four) held in Turrieta v. Lyft., Inc. that ride-share drivers who sued the ride-share company in separate PAGA

Last week, in a memorandum to NLRB regional directors, officers in charge, and resident officers, Board General Counsel Jennifer Abruzzo said scholarship athletes who generate millions for their schools “are employees under the NLRA.”

The Ninth Circuit Court of Appeals has vacated a preliminary injunction issued in January 2020 that prohibited California from enforcing Assembly Bill 51 (“AB 51”), which barred employers from requiring employees to sign arbitration agreements as a condition of employment.

The latest trends and developments in the class action world.