While 2024 has already ushered in several mandated changes to employer practices and policies in California, the state’s new law requiring a workplace violence prevention plan and related training is in effect now, with a...more
Yesterday, the Supreme Court released its opinion in National Federation of Independent Business v. Department of Labor and Ohio v. Department of Labor. Concluding that OSHA’s proposed emergency temporary standard (ETS) was a...more
1/17/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Human Resources Professionals ,
Infectious Diseases ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As part of their COVID-19 mitigation protocols, an increasing number of employers are mandating COVID-19 vaccinations following the Food and Drug Administration’s full approval of the Pfizer vaccine. Adding to the exponential...more
In connection with the recent surge in COVID-19 cases caused by the Delta variant, many businesses have begun to require that employees—and sometimes contractors, volunteers and patrons—provide proof of vaccination. This may...more
With the grant of full approval by the Food and Drug Administration (“FDA”) to the Pfizer COVID-19 vaccine, one major legal hurdle to employer-mandated COVID-19 vaccines has been cleared. The approval could not come soon...more
Many news outlets have recently reported that the federal government has indicated that employers can mandate COVID-19 vaccines. They rely on updated guidance issued by the Equal Employment Opportunity Commission on May 28,...more
6/9/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Employer Rights ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
With distribution of COVID-19 vaccines moving ahead full-steam, an end to the pandemic may be in sight in the coming months. However, what is collectively known as the “new normal” still comes with a minefield of unanswered...more
3/5/2021
/ Business Continuity Plans ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Traveling Employee ,
Vaccinations ,
Workplace Safety
There are now over 70 million confirmed cases of COVID-19 worldwide, and nearly 2 million deaths, including more than 300,000 in the United States. Federal, state and local authorities are recommending that travelers avoid...more
With COVID-19 vaccines now being distributed, an end to the pandemic may be in sight in the coming months. What is collectively known as the “new normal” still comes with a minefield of unanswered questions, particularly for...more
Update -
Cal/OSHA Advisory Meeting Scheduled: The promised Cal/OSHA advisory meeting regarding the recently issued Emergency Temporary Standards (ETS) has been scheduled for Dec. 18, 2020, from 12 p.m. to 5 p.m PT. ...more
On Nov. 30, 2020, the Office of Administrative Law (OAL) approved the ETS, making it effective immediately. The ETS—consisting of five new sections to title 8 of the California Code of Regulations (Sections 3205 -...more
There are now nearly 60 million confirmed cases of COVID-19 worldwide, and over 1 million deaths, including a quarter of a million in the United States. Federal, state and local authorities are recommending that travelers...more
The prolonged impacts of COVID-19, and the legal complexities for workplaces and employee management, have particular relevance to corporate transactions. As we near the final quarter of 2020 and companies race to close deals...more
As the pandemic continues with no clear resolution on the horizon, businesses must continue to revamp and reinvent their day-to-day operations to comply not only with a wide variety of new regulations, but also legal...more
8/18/2020
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Force Majeure Clause ,
Landlords ,
Paid Leave ,
Remote Working ,
Screening Procedures ,
Tenants ,
Wage and Hour ,
Workplace Safety
Many companies modified certain policies (whether formally or informally) during the initial COVID-19 crisis to address furloughs and reduced working hours, including those related to workplace safety, PTO usage and accrual,...more
As many nonessential businesses begin to slowly reopen, they have been left to navigate workplace safety questions without much federal guidance. Many questions have arisen about how best to protect employer and patron...more
6/19/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
OSHA ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Screening Procedures ,
Social Distancing ,
Workplace Safety
As businesses begin to reopen nationwide, they should take note of a recently emerging litigation trend: lawsuits against employers for allegedly insufficient COVID-19 protocols and safety measures that are claimed to have...more
Employers no doubt are focused on ensuring worker safety at their facilities. What they may be overlooking, though, is worker safety when working at customer sites and other off-site locations....more
Several jurisdictions (e.g., California, Illinois and Kentucky) have adopted—and many others (such as Colorado) are considering—a temporary presumption that COVID-19 contracted by an employee is work-related (i.e., arising...more
When It Comes to Reopening Throughout the Country, One Size Doesn’t Fit All -
Companies operating in multiple jurisdictions throughout the country, or even different locations within a single state, are required to...more
5/29/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Screening Procedures ,
Social Distancing ,
Virus Testing ,
Workplace Decontamination ,
Workplace Safety
Employers planning to remain operational during the coronavirus pandemic should keep their obligations under the Occupational Safety and Health Act (the “OSH Act”) top of mind. The OSH Act’s chief mandate is to “assure safe...more