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(We Can’t Have No) Retaliation: Part Two—Important Lessons for Employers Resulting from the SCOTUS Whistleblower Decision

Outlined in part one of our series—SCOTUS Clarifies Whistleblower Claims Standard under Sarbanes Oxley—the U.S. Supreme Court reversed a federal court of appeals decision, resolving a recent federal appeals court split...more

NLRB General Counsel Issues Guidance on Severance Agreements for Union and Non-union Employers

On March 22, 2023, the National Labor Relations Board’s (NLRB) General Counsel (GC) issued formal guidance in response to inquiries about applying McLaren Macomb, 372 NLRB No. 58 (February 21, 2023). McLaren Macomb, which was...more

Accommodating Religious Beliefs in a ‘Post-pandemic’ Workplace

It should be no surprise that the novel coronavirus disease (COVID-19) pandemic has had a tremendous impact on today’s employees’ thoughts on life, work, and workplace rules. A recent Harvard Business Review article describes...more

All Hair is Good Hair: An Update on the CROWN Act and State CROWN Acts

For years, American employers have enforced employee dress and grooming standards, some of which include standards on hairstyles. In the past, the U.S. Equal Employment Opportunity Commission (EEOC) has indicated that “race”...more

Considerations for Employers Contemplating a Voluntary or Mandatory COVID-19 Vaccine Policy (February 2022 Update)

Although litigation is still ongoing for some vaccine-related mandates, we have new guidance and key developments in vaccine mandate litigation and regulations since our September 20021 update...more

The Supreme Court Blocks the Federal Vaccine Mandate for Large Employers; Greenlights Healthcare Vaccine Mandate

OSHA’s Vaccine or Test Mandate now Blocked In a split (6-3) decision, the U.S. Supreme Court blocked the Emergency Temporary Standards to Protect Workers from Coronavirus (ETS), issued by the federal Occupational Safety and...more

[Webinar] The Latest COVID-19 Guidance for Employers: Vaccine Mandates and Accommodations - February 2nd, 10:00 am - 12:00 pm PST

Join the Miller Nash employment and labor attorneys for an interactive webinar designed to help employers understand the latest developments and tools for managing a workplace during the ever-evolving COVID-19 pandemic. We’ll...more

Cal/OSHA Readopts Its Emergency Temporary Standards on COVID-19

The California Occupational Safety and Health Standards Board (the “Board”) voted this week to readopt the Emergency Temporary Standard (ETS) on COVID-19 prevention. The readopted ETS will be effective January 14, 2022. The...more

Employers Stay Ready: OSHA’s Vaccine-or-Test Mandate Stalls After Federal Appeals Court Challenge

As every large employer should know by now, on November 4, 2021, Occupational Safety and Health Administration (OSHA), Department of Labor (DOL), announced the much-anticipated Emergency Temporary Standard (ETS). The interim...more

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