Labor & Employment Developments Blog

OSHA issued its Emergency Temporary Standard (ETS) effective November 5, 2021. The ETS requires employers with 100 employees or more to require employees be vaccinated or submit to weekly testing and wear masks.

In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:

OSHA COVID-19 Vaccine Rule: This week, OSHA forwarded their draft Emergency Temporary Standard to the White House Regulatory Office, meaning that the promised rule mandating vaccines for employers with more than 100 employees may be coming soon. The immediate response to the rule when it is issued may depend on whether your business is in a state that follows federal OSHA guidelines or in a state with its own OSHA approved plan. Here is the state by state breakdown:

In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:

New OSHA Vaccine Mandate Rule: On September 9, the President announced that he is directing OSHA to issue an emergency rule requiring employers with more than 100 employees to require employees to be vaccinated or tested for COVID weekly.  At this point, no rule has been issued and there are more questions than answers but several observations are worth considering.

Arbitration in California:  In U.S. Chamber of Commerce v. Bonta, the Ninth Circuit overturned a lower ...

The White House announced a six pronged “Path out of the Pandemic” plan today that includes a direction to OSHA to enact an emergency rule requiring all businesses with 100 or more employees to ensure that their employees are fully vaccinated or test negative for COVID-19 at least once per week.  It is anticipated that the rule will apply to more than 80 million private sector workers.   As an emergency temporary standard, the rule will undergo an expedited review process before taking effect and will not be subject to public comments.  It is expected to be published in the next several ...

Avoiding illegal conduct is always a good strategy for avoiding employment litigation.  However, there are many legal things that employers and managers do that can also lead to litigation.

In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:

Transgender Employee Issues: Two new cases from Illinois involve claims of discrimination by transgender employees.  In Hobby Lobby v. Sommerville, an employee was denied access to the women’s restroom and in Todd v. JB for Governor, a campaign worked claims that she was included in a reduction in force because of transphobic bias.

Religious Discrimination: In Rivas v. Caesar Enterprise Services, a casino employee was terminated for refusing to work on her ...

In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:

COVID-19 and Masks: The CDC has issued new guidance for vaccinated individuals - what does this mean for employers? 

The CDC COVID-19 Tracker is here: https://covid.cdc.gov/covid-data-tracker/#county-view

Mandatory Vaccination Policies: The U.S. Department of Justice has issued an opinion on the meaning of the Emergency Use Authorization status of COVID-19 vaccines, which has formed the basis for some challenges to employers’ mandatory vaccination ...

In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:

Marijuana – Virginia has joined a growing number of states legalizing marijuana despite the fact that it remains illegal under federal law. The new Virginia law includes protections for employees who have a prescription for cannabis oil but not for other use. Such employees cannot be subjected to adverse action for a positive drug test. Many other states, including Ohio, expressly allow employers to take adverse action even where the employees use is legal ...

The third and final episode in the podcast mini-series - Termination Done Right - covers additional steps for employers to consider taking to minimize the damage in the event there is litigation over a termination decision.

Nearly a month after the U.S. Centers for Disease Control and Prevention recommended that fully vaccinated individuals no longer had to wear masks to combat COVID-19, the Occupational Safety and Health Administration has announced its long awaited updated guidance on protecting workers. President Biden issued an executive order in January directing OSHA to pursue a clearer standard for COVID-19. The standard announced today applies only to the health-care industry. A copy of the new rule can be found here on OSHA’s website, with a summary available here.