News & Analysis as of October 16, 2024

Workplace Safety

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Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -

No Vaccine, No Employment? Know Your State Law

Dickinson Wright on 3/12/2024

The new Texas ban on vaccine mandates may be just the start. COVID-19 vaccination mandates have been the subject of litigation and the target of state legislation since the vaccines became readily available. While several...more

New Laws for New York Employers in a New Year: What You Need to Know as 2023 Unfolds

Fisher Phillips on 1/5/2023

After a few years of rapid and expansive change to New York’s workplace laws, involving adjustments to workplace safety, employee pay, benefits, and privacy, there was a noticeable slowdown for the state legislature this past...more

Can Employers Prevent & Combat Employee Unionization?

Kohrman Jackson & Krantz LLP on 8/8/2022

The United States is currently experiencing a major resurgence of labor unions. As more fully discussed in The Resurgence of Unions: Why Now?, this upward trend in unionization can primarily be attributed to the COVID-19...more

D.C. Court of Appeals Panel to Hear Argument for Reinstating Healthcare ETS

Jackson Lewis P.C. on 2/21/2022

On April 4, 2022, a merits panel of the D.C. Circuit Court of Appeals will hear oral arguments on a petition seeking to force OSHA to issue a permanent standard for healthcare occupational exposure to COVID-19 and to...more

Changes and Developments in California Employment Laws for 2022

BCLP on 12/13/2021

As 2021 quickly comes to a close, we look back at this year’s legislative session, which included several employment-related bills signed by Governor Gavin Newsom, including bills aimed at prohibiting quotas that interfere...more

New California Employment Laws in 2022

Farella Braun + Martel LLP on 12/7/2021

The California Legislature passed and Governor Newsom signed several new or amended employment laws covering topics ranging from non-disparagement and separation agreements, the California Family Rights Act, and warehouse...more

#WorkforceWednesday: OSHA ETS Moves to the Sixth Circuit, Federal Agencies Join to Combat Workplace Retaliation, NY Increases...

Epstein Becker & Green on 11/24/2021

This week, the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS) is currently in the hands of the Sixth Circuit, while New York employers have several updates to look out for...more

EEOC Addresses Retaliation in Updated COVID-19 Technical Assistance

ArentFox Schiff on 11/23/2021

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. The update explains and clarifies the...more

End of California 2021 Legislative Session Brings New Laws Affecting California Employers

Jackson Lewis P.C. on 10/22/2021

The California legislature has passed and Governor Gavin Newsom has signed a number of bills that address wage and hour practices and other issues affecting California employers. All bills take effect January 1, 2022, unless...more

OSHA Raises the Standard Impacting COVID-19 Whistleblower Claims

Parker Poe Adams & Bernstein LLP on 9/17/2021

Under Section 11(c) of the Occupational Safety and Health Act, employers are prohibited from taking adverse action against an employee because the employee has engaged in protected activity under the statute, such as filing a...more

The Top 18 Workplace Law Stories from August 2021

Fisher Phillips on 9/9/2021

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Same Old Situation for Employers? Top 10 Takeaways as OSHA Updates COVID-19 Workplace Guidance

Fisher Phillips on 8/16/2021

In response to the surge of delta variant cases across the country, federal workplace safety officials just issued updated guidance to help employers and workers identify current COVID-19 risks for unvaccinated or otherwise...more

COVID-19, Workplace Safety and Health, and Employee Claims of Retaliation: What’s an Employer to Do?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/12/2021

As of August 8, 2021, the Occupational Safety and Health Administration (OSHA) has received more than 5,558 whistleblower complaints related to COVID-19 since the start of the pandemic (and State Plans have received an...more

Act Now: Employer Obligations Under New York HERO Act

Foley & Lardner LLP on 8/3/2021

Don’t wait: New York employers must act now to comply with state-level infectious disease readiness requirements. By August 5, 2021, employers with worksites in New York must adopt a model infectious disease exposure plan or...more

New York HERO Act Requires Urgent Employer Action

ArentFox Schiff on 8/2/2021

On May 5, 2021, in response to the COVID-19 pandemic, Governor Andrew Cuomo signed the New York Health and Essential Rights Act (“NY HERO Act”) into law. The NY HERO Act requires extensive workplace health and safety...more

OSHA’s COVID-19 Emergency Temporary Standard Contains Anti-Retaliation Provision

Proskauer - Whistleblower Defense on 7/26/2021

On June 21, 2021, OSHA’s much-anticipated Emergency Temporary Standard (“ETS”) on COVID-19 protections went into effect. While Proskauer’s Law and the Workplace blog covered the ETS in detail here, this post focuses on the...more

HERO Act Imposes New Requirements On New York Employers

Moritt Hock & Hamroff LLP on 7/20/2021

As explained more fully below, the New York Health and Essential Rights Act1 (“HERO Act” or the “Act”) requires private employers to create a written plan (the “Plan”) to minimize or eliminate occupational exposure to...more

Eleven Key Takeaways from OSHA’s Recent COVID-19 Workplace Guidance

Smith Debnam Narron Drake Saintsing & Myers,... on 7/16/2021

Now that many of us have been vaccinated, what should employers do to ensure a safe workplace in light of lingering threats of exposure to COVID-19? On June 10, 2021, the Occupational Safety and Health Administration...more

Health Care Providers Must Comply With OSHA's Emergency Temporary Standards by July 5

Chambliss, Bahner & Stophel, P.C. on 7/2/2021

On June 10, 2021, the Occupational Safety and Health Administration (OSHA) issued its long-awaited COVID-19 Emergency Temporary Standard (ETS). A notable feature of the ETS, in addition to the timing of its issuance over a...more

OSHA’s COVID-19 Requirements for Healthcare Employers Take Effect

McDermott Will & Emery on 6/23/2021

On June 21, 2021, the US Occupational Safety and Health Administration’s (OSHA) long-anticipated Emergency Temporary Standard (ETS) for COVID-19 requirements in the healthcare industry went into effect. Most of the...more

Cal/OSHA Adopts New COVID-19 Workplace Standards

Laughlin, Falbo, Levy & Moresi LLP on 6/22/2021

In what seems to be an endless bombardment of new information and policy in response to the COVID-19 crisis, Governor Newsom signed EXECUTIVE ORDER N-09-21 on June 17, 2021. The Governor accepted the recommendations of the...more

Easy As 1-2-3: Cal/OSHA Approves Third Emergency Standard Revision to Align With State Public Health Guidance

Foley & Lardner LLP on 6/21/2021

In its third change in as many weeks, the California Occupational Safety and Health Standards Board, the standard-setting agency within Cal/OSHA, approved revisions to the November 30, 2020 emergency COVID-19 prevention...more

Cal/OSHA Finally Approves Revised COVID-19 Emergency Temporary Standards

Pillsbury Winthrop Shaw Pittman LLP on 6/21/2021

Cal/OSHA issues guidance regarding revised standards, so employers should have more clarity on documentation of vaccination status and requirements for unvaccinated workers. Employers must record confidential vaccination...more

OSHA Issues First Federal COVID-19 Standard for Healthcare Employees and Updates Guidelines Protecting Spread of COVID-19

Nilan Johnson Lewis PA on 6/15/2021

On June 10, 2021, OSHA issued an Emergency Temporary Standard (“ETS”) to ensure uniform protection for employees within the healthcare industry from exposure to COVID-19. The ETS is effective immediately upon publication in...more

OSHA Provides New COVID-19 Workplace Guidance: The 10 Things Employers Need to Know

Fisher Phillips on 6/14/2021

On the same day the Occupational Safety and Health Administration issued the long-anticipated Emergency Temporary Standard (ETS) applicable to healthcare employers, the agency also issued updated Guidance on Mitigating and...more

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