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California Legislative Year-End Review (US)

California’s active legislative year has finally come to a close, with Governor Gavin Newsom signing several new laws to further regulate the workplace. Summarized below are the laws expected to most significantly impact California employers. Unless otherwise stated, these new laws take effect January 1, 2023.… Continue Reading

California Issues New Definition of “Close Contact” – Time for Tape Measures and Calculators (US)

The California Department of Public Health (CDPH) revised its definition for what constitutes a “close contact” for purposes of Cal/OSHA’s Emergency Temporary Standard (ETS).[1] The revised definition will likely be good news for big box retailers, large manufacturers and warehouses. The rest of the state will remain bound by the existing standard.… Continue Reading

Gov. Newsom Extends California COVID-19 Supplemental Paid Sick Leave Through December 31, 2022 – and Other COVID-19 Updates (US)

California Governor Gavin Newsom signed into law several more employment-related bills impacting an employer’s obligations relating to COVID-19.  Of particular note, Assembly Bill 152 extends California’s 2022 COVID-19 Supplemental Paid Sick Leave through December 31, 2022. This means employers with more than 25 employees must continue to provide supplemental paid sick leave to employees for … Continue Reading

New York City’s Private-Sector Vaccine Mandate to Expire in November (US)

On Monday, September 20, New York City Mayor Eric Adams announced that the City’s private sector COVID-19 vaccine mandate will expire on November 1, 2022. For now, the approximately 184,000 employers currently covered by the mandate will have to continue to exclude their unvaccinated workers from the workplace. However, beginning November 1, businesses will have … Continue Reading

Employers Can’t Escape WARN Act Liability Because of COVID-19 (US)

The word “unprecedented” has been applied often (and exhaustingly) throughout the COVID-19 pandemic, but when it comes to the impact the pandemic had on the U.S. employment law landscape, the term fits. This was never truer than in the earliest days of the COVID-19 outbreak when companies, facing sudden and abrupt business closures, dramatically reduced … Continue Reading

Employers Beware:  Take-Home COVID Cases are on the Rise (US)

You’ve just been informed that an employee who apparently contracted COVID-19 from an exposure in your workplace brought the virus home, and now his spouse, who is in a high-risk category, has contracted the virus and is in the hospital.  Do you as the employer face potential liability for the spouse’s illness? More than two … Continue Reading

EEOC Issues Reminder That Caregiver Duties Continue Even As COVID Surge Wanes (US)

On March 14, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a new technical assistance document, “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law,” reminding employers that caregiver obligations continue notwithstanding our gradual return to normal. The 10-page document warns that, even as pandemic conditions change, many employers, schools, and daycare … Continue Reading

What Employers Need to Know about California’s 2022 COVID-19 Supplemental Paid Sick Leave Law (US)

On February 19, 2022, California employers with more than 25 employees must begin complying with California’s latest paid sick leave legislation (Senate Bill 114 to be codified as Cal. Labor Code § 248.6) and provide supplemental paid sick leave to covered employees who are unable to work or telework due to COVID-19 related reasons. While … Continue Reading

US Federal Labor Viewpoints – Week of January 17, 2022

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of January 17, 2022. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

OSHA Withdraws COVID-19 Vaccination-or-Test Emergency Temporary Standard (US)

As was anticipated by many, on Tuesday, January 25, the U.S. Occupational Safety and Health Administration (OSHA) announced the withdrawal of its November 2021 “Emergency Temporary Standard” (ETS) that would have required private sector US employers with 100 or more employees to either mandate COVID-19 vaccinations for their employees or require them to comply with … Continue Reading

US Federal Labor Viewpoints – Week of January 10, 2022

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of January 10, 2022. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

OSHA’s “Vax-or-Test” ETS: Where Do We Go From Here? (US)

By now, employers know that on January 13, the United States Supreme Court stayed the controversial “Emergency Temporary Standard” (ETS) issued by the U.S. Occupational Safety Administration (OSHA). (See our post discussing the Court’s ruling here). Now that the dust has settled somewhat, employers that would have been subject to the ETS had the Supreme … Continue Reading

Supreme Court Halts Implementation of OSHA Vaccine-or-Test Rule (US)

In a per curiam majority decision issued on January 13, 2022, the United States Supreme Court stayed the implementation of the U.S. Occupational Safety and Health Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”) that would have obligated employers with 100 or more U.S. employees to require proof of COVID-19 vaccination or weekly COVID-19 testing, plus imposed … Continue Reading

US Federal Labor Viewpoints – Week of December 27, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of December 27, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week.In this issue, we … Continue Reading

US DOS Extends and Expands Visa Interview Waiver Eligibility; President Rescinds Latest Covid Travel Ban (US)

Due to the limited capacity to adjudicate visa applications during the COVID-19 pandemic, the Department of State (DOS) announced the extension and expansion of its nonimmigrant visa interview waiver program through Dec. 31, 2022. Currently, U.S. consular officers may waive the in-person interview requirement for applicants who are renewing any type of nonimmigrant visa in … Continue Reading

US Supreme Court to Hear Vaccine Mandate Appeals

In a pair of orders consolidating several pending cases, on December 22, 2021, the US Supreme Court agreed to hear emergency appeals from orders from multiple federal appellate courts relating to two of the pending COVID-19 vaccine mandates – the Emergency Temporary Standard (ETS) issued by the US Occupational Safety and Health Administration (OSHA) and … Continue Reading

DOL Extends ETS Compliance Deadline to January 10, 2022 (US)

As we reported previously, the Sixth Circuit Court of Appeals lifted the stay of enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard, which requires employers with 100 or more U.S. employees to ensure by January 4, 2022 that their workforces are fully vaccinated or ensure they test negative at least weekly … Continue Reading

Sixth Circuit Lifts Stay of OSHA Vaccine Mandate – ETS In Effect Starting January 4, 2022 (For Now) (US)

In the latest chapter in the dizzying fight over private employer vaccine mandates, on December 17, 2021, the Sixth Circuit Court of Appeals lifted a sister appellate court’s stay of the Occupational Safety and Health Administration’s (OSHA) requirement that employers with 100 or more U.S. employees require vaccination or weekly testing and face coverings as … Continue Reading

New York City Issues Guidance for Employers on Implementation of Private-Sector Vaccine Mandate (US)

As expected, New York City published guidance yesterday designed to help covered employers implement the City’s recently announced order mandating COVID-19 vaccines for private sector workers. What Is Required? For any Workplace in NYC, Covered Employers must ensure that they receive proof of vaccination against COVID-19 from all of their in-person workers by December 27, … Continue Reading

EEOC Opines Long-Haul COVID-19 Consequences May Constitute ADA Disability (US)

This past summer, we reported that President Biden expressed in a speech commemorating the enactment of the Americans with Disabilities Act (ADA) that his administration believes “long-haul” COVID may constitute a disability. Unlike mild cases of COVID-19 that resolve in days or weeks, long-haul COVID is marked by chronic symptoms that continue weeks or months … Continue Reading

New York City Announces First of its Kind Private Sector COVID-19 Mandate (US)

UPDATE (12/10/21): Justice Frank Nervo issued an amended order, filed December 9, 2021, clarifying that New York City’s municipal-worker mandate remains in effect until the scheduled December 14, 2021 hearing. On Monday, December 6, 2021, New York City’s outgoing mayor, Bill de Blasio, announced a “first-in-the-nation” COVID-19 vaccine mandate, requiring that all private sector employees … Continue Reading

US Federal Labor Viewpoints – Week of November 29, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of November 29, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

Nationwide Halt on Implementation of Federal Contractor Vaccine Rule Issued (US)

On December 1, we discussed a decision issued by the Eastern District of Kentucky enjoining implementation of President Biden’s Executive Order 14042 in Kentucky, Ohio, and Tennessee, querying whether similar challenges would likewise result in injunctive relief. As we portended, on December 7, a federal judge in the Southern District of Georgia issued a broader … Continue Reading
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