[Editor’s Note (01/14/22): In a 6-3 ruling, on January 14, 2022, the U.S. Supreme Court reversed the Sixth’s Circuit’s ruling described below, and thereby re-imposed an injunction preventing OSHA from enforcing its Emergency...more
On December 13, 2021, the California Department of Public Health (CDPH), citing the Omicron variant and the need for additional protection during the holiday season, issued statewide guidance requiring face masks to be worn...more
[Editor’s Note (12/20/21): The U.S. Court of Appeals for the Sixth Circuit has lifted the Fifth Circuit’s injunction halting enforcement of the OSHA Standards, and, specifically, the mandate regarding vaccination or weekly...more
On November 4, 2021, the federal Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency standards to implement President Biden’s Vaccine/Testing Mandate for businesses with 100 or more...more
11/9/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
California’s Occupational Safety and Health Standards Board (Cal-OSHA) has released proposed revisions to its COVID-19 Emergency Temporary Standards (ETS). The revisions, key aspects of which are summarized in this alert,...more
6/16/2021
/ Cal-OSHA ,
California ,
CDPH ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Exceptions ,
Governor Newsom ,
Guidance Update ,
Masks ,
Required Documentation ,
Safety Standards ,
State and Local Government ,
Vaccinations
In connection with Santa Clara County’s move into California’s yellow COVID-19 tier, the state’s lowest pandemic restriction level under its tier system, the county’s health officer updated its Health Order, effective May 19,...more
5/24/2021
/ Business Entities ,
California ,
Compliance ,
Contractors ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Independent Contractors ,
Local Ordinance ,
Masks ,
New Regulations ,
Re-Opening Guidelines ,
Required Documentation ,
State and Local Government ,
Subcontractors ,
Vaccinations ,
Vaccine Passports
New ARPA/COBRA Subsidy -
The federal American Rescue Plan Act of 2021 (ARPA) provides for a 100% subsidy of COBRA premiums for six months from April 1, 2021 through September 30, 2021, for individuals (and their covered...more
4/1/2021
/ American Rescue Plan Act of 2021 ,
Benefit Plan Sponsors ,
Biden Administration ,
COBRA ,
Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Governor Cuomo ,
Governor Newsom ,
Health Insurance ,
New Guidance ,
Non-Compete Agreements ,
Notice Requirements ,
Paid Sick Leave ,
Premium Subsidies ,
Relief Measures ,
State and Local Government ,
Tax Credits ,
Vaccinations
The rollout of the Pfizer and Moderna vaccines in the United States has triggered extensive discussion around the law concerning mandatory vaccine policies in the workplace. This discussion will almost certainly evolve over...more
12/28/2020
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employees ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Moderna Inc. ,
New Guidance ,
OSHA ,
Pfizer ,
Quarantine ,
Re-Opening Guidelines ,
Recordkeeping Requirements ,
Vaccinations ,
Virus Testing
Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS Security Solutions, Inc. held that security guards were entitled to...more
On Premises, On-Call Time Compensable; Sleep Time Not Excluded -
Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS...more
2/20/2015
/ Affordable Care Act ,
Arbitration ,
CA Supreme Court ,
Class Action ,
Employer Liability Issues ,
Employer Mandates ,
Exempt-Employees ,
On-Call Employees ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
Rest and Meal Break ,
Security Guards ,
Wage and Hour
The National Labor Relations Board (“NLRB” or the “Board”) has yet again expanded employees’ rights to discuss the terms and conditions of their employment or otherwise engage in protected activity. In Purple Communications,...more
Waiting for and Undergoing Security Checks Not Compensable Time -
The United States Supreme Court recently held in Integrity Staffing Solutions, Inc. v. Busk et al. that time spent waiting for and undergoing post-shift...more
1/13/2015
/ Cell Phones ,
Employer Liability Issues ,
Employer Mandates ,
Fair Labor Standards Act (FLSA) ,
Integrity Staffing v Busk ,
Labor Code ,
NLRB ,
Paid Leave ,
Reimbursements ,
SCOTUS ,
Security Checks ,
Sick Leave ,
Wage and Hour ,
Whistleblowers
In a recent speech, the SEC recently warned businesses not to attempt to disincentivize company whistleblowers from bringing alleged wrongdoing to the attention of the SEC, and that the SEC is “very concerned” about any...more