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Possible impact of Brexit on UK employment law – some informed guesses

So if in some parallel universe you had somehow acquired the ability to strike red lines through EU-derived employment legislation, where would you put them? That is a question I put well before the Brexit Referendum to countless HR audiences, the very people one might think would be straining at the leash to make changes … Continue Reading

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

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

Proposed new EU regulatory regime for Artificial Intelligence – more relevant to HR than you might think (UK)

For the last year or so the EU Commission has been working on the world’s first serious attempt to create a regulatory framework around the use of AI, the Artificial Intelligence Act.  The Proposal itself runs to over 100 pages of dense type and no pictures, so is a fairly off-putting read at first look.  … Continue Reading

Better late than never, just about – UK government issues workplace guidance on living with covid

So with Covid 19 now officially behind us for all purposes (except actual reality, obviously), we have now been graced by the Government’s new “Living with Covid” guidance.  This was due to come into force on 1 April and was released fashionably late in the afternoon on, well, 1st April.  You could say with some … Continue Reading

UK Government proposes withdrawal of mandatory vaccinations for care home workers – with what impact on other businesses?

So you have finally introduced a no-jab, no entry policy in your workplace and now the government seems intent on pulling the rug on the whole thing by agreeing that even workers with some of the UK’s most vulnerable people don’t need to be vaccinated after all.  If they don’t need the jab, on what … 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 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

Party politics – what is Plan B for employers? (UK)

So as Boris sits in his bunker and works on Plan C (early draft – “Go to Sardinia. Don’t come back“), employers in England are confronting the shoulder-sagging knowledge that all their prior work on cajoling people back to the office has been comprehensively torpedoed by Plan B. However, leaving aside the obviously deeply unworthy … 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

Executive Order Mandating Federal Contractor Vaccination Blocked in Three States (US)

In the latest in a series of judicial decisions impeding executive agency action that had been aimed at slowing COVID-19 vaccination rates in the U.S. (see here and here), on November 30, 2021, a federal judge for the Eastern District of Kentucky issued a preliminary injunction blocking implementation of President Biden’s Executive Order 14042 which … Continue Reading

Judge Blocks Portions of Centers for Medicare and Medicaid Services (CMS) Vaccine Mandate (US)

On November 5, 2021, the federal Centers for Medicare and Medicare Services (CMS) issued an emergency regulation requiring that many types of health care facilities and providers that receive Medicare or Medicaid funds ensure that their staff, contractors, and volunteers receive at least their first COVID-19 vaccine dose by December 6, 2021 and be fully … Continue Reading
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