News & Analysis as of

Injunctive Relief Workplace Safety

Seyfarth Shaw LLP

U.S. Chamber of Commerce Sues OSHA to Block Union Walkaround Rule

Seyfarth Shaw LLP on

Seyfarth Synopsis: Numerous business groups led by the U.S. Chamber of Commerce sued the Occupational Safety and Health Administration over the Agency’s new walkaround rule. The suit, Civil Action No. 24-271, was filed last...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Third Circuit Limits Employee Private Right of Action Under OSH Act

On January 31, 2022, the United States Court of Appeals for the Third Circuit held in Doe v. Scalia that once the Occupational Safety and Health Administration (OSHA) has completed enforcement proceedings, an employee may not...more

Epstein Becker & Green

#WorkforceWednesday: New COVID-19 Testing Guidance, NLRB Increases Use of Injunctive Relief, D.C. Amends Near-Universal Ban on...

Epstein Becker & Green on

This week, we update you on new COVID-19 guidance and union organizing and non-compete trends at the federal and local levels. EEOC Updates Guidance on COVID-19 Testing of Employees Updated guidance from the U.S. Equal...more

Proskauer - Law and the Workplace

Louisiana Supreme Court Holds The Employment-At-Will Doctrine Dictates That Private Employers May Mandate Employees Get Vaccinated

On January 7, 2022—the same day the Supreme Court of the United States heard oral arguments concerning the OSHA workplace vaccine mandate—the Louisiana Supreme Court (“LA Supreme Court” or the “Court”) upheld a private...more

Arnall Golden Gregory LLP

The Federal Contractor Vaccine Mandate Is “On Hold,” at Least in Kentucky, Ohio, and Tennessee

On November 30, 2021, the United States District Court for the Eastern District of Kentucky in the lawsuit, Commonwealth of Kentucky et al. v. Joseph R. Biden et al., Civil Action No. 3:21-cv-00055-GFVT, granted a preliminary...more

Littler

Ontario, Canada Court Confirms Unions Must Challenge Mandatory Vaccination Policies Before Labour Arbitrators Rather than Courts

Littler on

On November 19, 2021, in Amalgamated Transit Union, Local 113 v. Toronto Transit Commission and National Organized Workers Union v. Sinai Health System, 2021 ONSC 7658 (TTC/Sinai Decision), the Ontario Superior Court...more

Manatt, Phelps & Phillips, LLP

Court Refuses to Halt Employer’s Mandatory Vaccination Policy

In one of the first cases involving a request for an injunction against a private employer’s vaccine mandate, a federal court refused to put a stop to the employer’s mandatory vaccination policy....more

Husch Blackwell LLP

Governmental Immunity Bars Suit Against Dallas County Sheriff For COVID-19 Response

Husch Blackwell LLP on

In any case where a government official raises a defense of governmental immunity, a key legal question is whether the plaintiff’s pleadings successfully allege ultra vires conduct—that the government official acted without...more

Fox Rothschild LLP

New York’s HERO Act To Impose New Workplace Health And Safety Protections

Fox Rothschild LLP on

The New York Health and Essential Rights Act (HERO Act), which requires employers to implement new workplace health and safety protections in response to the COVID-19 pandemic, is on its way to becoming law. Both houses...more

Pillsbury Winthrop Shaw Pittman LLP

DC Council Passes COVID-19 Pandemic Emergency Workplace Safety Statute

On February 1, 2021, DC Mayor Bowser signed emergency legislation passed by the DC Council, requiring DC employers to “adopt and implement social distancing and worker protection policies to prevent transmission of COVID-19...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court in New York Dismisses COVID-19 Workplace Safety Case

On November 1, 2020, the United States District Court for the Eastern District of New York in Palmer et al. v. Amazon.com Inc. et al., No. 20-cv-2468, 2020 WL 6388599, dismissed a lawsuit against Amazon alleging failures to...more

Vinson & Elkins LLP

COVID-19 Workplace Exposure Claims Dismissed

Vinson & Elkins LLP on

One question that employers have been asking since the onset of the pandemic is whether they could be sued by employees who get sick as a result of being exposed to an infected coworker. Plaintiffs’ and defendants’ lawyers...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 18, 2020

This 18th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us return to what, even in these early days of the pandemic, must be considered as some of the hottest topics. Thus, we discuss new...more

Dunlap Bennett & Ludwig PLLC

Temporary Restraining Order Granted Against McDonald’s For Failing to Keep Employees Safe from COVID-19

A temporary restraining order (TRO) was granted against a McDonald’s franchise by a California Superior Court judge in response to the franchise’s alleged inability to take proper precautions to keep the community safe from...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 15

This 15th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. This week we note how COVID-19 has accelerated a pre-existing trend toward class action litigation. And...more

Vinson & Elkins LLP

The Novel Coronavirus Is Giving Rise To Novel Lawsuits Against Employers

Vinson & Elkins LLP on

Typically, an employees’ exclusive remedy for work-related injuries is through their state’s workers’ compensation system. As an example, suppose an employee suffers a work-related injury as a result of her employer’s...more

Proskauer - Law and the Workplace

Illinois May Soon Require “Essential Employers” to Provide PPE for Workers

The Illinois House of Representatives recently introduced House Bill 5769, which would create the Illinois Personal Protective Equipment Responsibility Act (the “Act”). The Act would require “essential employers” to provide...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 7

This seventh edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a continuation of the trend we identified last week: shutdown challenges, workers' compensation claims, and wrongful death lawsuits...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 6

This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the...more

Fisher Phillips

Develop A Proactive COVID-19 Workplace Safety Plan Or Risk Employees Seeking Court Intervention

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A group of employees concerned about their workplace safety amidst the COVID-19 pandemic just filed a legal action against their employer seeking a court order that would require the company to comply with federal safety...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Dehaven’s Transfer & Storage, Inc. for Pregnancy Discrimination

Moving Company Fired Female Employee Because She Was Pregnant, Federal Agency Charges - DURHAM, N.C. - DeHaven's Transfer & Storage, Inc., a residential and commercial moving company, violated federal law when it fired a...more

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