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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

Coming home for the holidays? COVID Testing Requirements for Air Travelers Reduced to One Day Prior to Departure (US)

In response to the global spread of the Omicron variant, the Centers for Disease Control and Prevention (CDC) shortened the timeline for the pre-departure COVID testing requirement to one day applicable to in-bound travelers to the United States. Per the CDC announcement, effective on or after 12:01 am EST on December 6, 2021, “all air … 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

The Sixth Circuit and OSHA’s Upcoming December 6th Deadline (US)

Our colleague Colter Paulson at Squire Patton Boggs’ Sixth Circuit Appellate Blog provides an update on the status of the lawsuits challenging OSHA’s Emergency Temporary Standard on COVID-19 vaccination and testing. Employers across the United States are wondering whether they need to comply with OSHA’s original, rapidly-approaching December 6th and January 4th deadlines.  And while … Continue Reading

California Legislature Enacts New Employment Laws To Take Effect in 2022 (US)

The California Legislature increased the complexity of employment law in the Golden State by enacting several employment laws that will soon take effect.  Below we summarize key aspects of the more significant new legislation. Intentional Failure to Pay Wages May Constitute the Felony of “Grand Theft” (Assembly Bill 1003) Under current law, employers who wrongfully … 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

Just When I Thought I was Out: Omicron Variant and the Return of Regional COVID-19 Travel Bans

Following its November 8, 2021 move to remove and replace all regional COVID-19 Travel bans with a blanket vaccination requirement, the Biden administration announced a new COVID-19 travel ban on those seeking to enter the U.S. from various African nations.  The new Proclamation bars most non-U.S. citizens who have been physically present in the following … Continue Reading

Major Changes Implemented in Employment Authorization Procedures for Spouses of H, E and L Visa Holders (US)

On November 12, 2021, the US Citizenship and Immigration Service (USCIS) issued new policies conferring the benefit of automatic extension of employment authorization for certain H-4, E, and L nonimmigrant dependent spouses.  This significant shift in policy comes on the heels of the Department of Homeland Security’s (DHS) settlement in Shergill et al v. Mayorkas, … Continue Reading

Global Edge 2.0, The Inside Track: Part 3 – There May Be Trouble Ahead

One of the traditional shortcomings of conventional international employment law resources is that they are very good at what was and not bad on what is, but quite hopeless on what will be. So it takes a pretty special product to give you not just news of international employment law developments in the pipeline but … Continue Reading

OSHA Suspends Enforcement of Vaccination-or-Test Emergency Temporary Standard Pending Court Review (US)

After at least 34 lawsuits were filed nationwide seeking to permanently stay or rule unconstitutional the Emergency Temporary Standard (ETS) announced by the U.S. Occupational Safety and Health Administration (OSHA), which would have required that employers with 100 or more employees ensure their workers are fully vaccinated or test at least weekly for COVID-19, OSHA … Continue Reading

The Sixth Circuit and the OSHA Vaccine Mandate (US)

Originally posted on Squire Patton Boggs’ Sixth Circuit Appellate Blog Sometimes federal courts of appeals get to play the lottery. The prize is not millions of dollars, but the chance to adjudicate every challenge to a particular federal agency action filed in federal circuit court. The Sixth Circuit won that lottery yesterday afternoon. At issue is OSHA’s … Continue Reading

US Federal Labor Viewpoints – Week of November 8, 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 8, 2021. *** In this issue, we cover: U.S. Economy Update Federal Vaccine Mandate Legal Challenges Update Other General COVID-19 Updates U.S. Agencies Promote Workers’ Rights Proposal … Continue Reading

NOW AVAILABLE: Model Employment Policy for Compliance with OSHA’s Emergency Temporary Standard

Our US Labor and Employment team has developed a model policy that complies with OSHA’s recently announced Emergency Temporary Standards (ETS) requirements regarding vaccination and employee testing, which also includes sample forms for employees to request reasonable accommodations. This policy can be very helpful to employers as they navigate these challenges. Our team can also … Continue Reading

US Federal Labor Viewpoints – Week of November 1, 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 October 25, 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

OSHA’s Emergency Temporary Standard Requiring COVID-19 Vaccination Announced (US)

UPDATE – On Saturday, November 6, 2021, the U.S. Circuit Court of Appeals for the Fifth Circuit granted an emergency petition to stay OSHA’s interim rule/Emergency Temporary Standard, discussed below, requiring U.S. employers with 100 or more employees to ensure their employees are vaccinated against the virus that causes COVID-19 or comply with weekly COVID-19 … Continue Reading

US Federal Labor Viewpoints – Week of October 25, 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 October 25, 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

‘No-poach’ agreements – EU catching up with the US on anti-competitive recruitment practices

On 19 October, Margrethe Vestager, Executive Vice-President and Commissioner for Competition of the European Commission, delivered a speech addressing the EU’s current policy when addressing cartels, potential changes to the Commission’s leniency program and recent dawn-raid efforts. Most notably, Vestager spoke about so-called ‘no-poach’ agreements, whereby companies agree not to recruit each other’s workers and/or … Continue Reading

U.S. Presidential Proclamation Issued Rescinding and Replacing Geographic COVID-19 Travel Bans

On October 25, 2021, the White House announced the President’s new Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic. The new travel Proclamation will take effect on November 8, 2021, and will replace the geographic COVID-19 travel bans with proof of vaccination requirements for all nonimmigrant travelers seeking to enter … Continue Reading
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