When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more
12/4/2023
/ 401k ,
Acquisitions ,
Affirmative Action ,
Artificial Intelligence ,
Automotive Industry ,
Bias ,
California Consumer Privacy Act (CCPA) ,
Car Dealerships ,
Chevron Deference ,
Child Labor ,
College Admissions ,
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Federal safety officials have just made good on one of their promises by issuing a proposed rule that would give a designated union representative the right to accompany an OSHA inspector during a facility walkaround —...more
The unfortunate uptick in active shooter events has led federal workplace safety officials to focus their sights on employers and whether they should be held responsible for the results of tragic events on their premises....more
As we enter the new year, and the fourth year of the pandemic, the COVID-19 virus continues to mutate. Two new Omicron subvariants, known as XBB and XBB.1.5 – unofficially nicknamed “Kraken” by some scientists – have emerged...more
1/11/2023
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Sick Employees ,
Social Distancing ,
Virus Testing ,
Workplace Safety
It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all, at the start of 2020, no one could have predicted COVID-19. None of us had heard the phrase “the...more
1/3/2023
/ Employer Liability Issues ,
Environmental Social & Governance (ESG) ,
Form I-9 ,
Hiring & Firing ,
Job Applicants ,
Labor Law Violations ,
Labor Relations ,
OSHA ,
Over-Time ,
Privacy Laws ,
Restrictive Covenants ,
Wage and Hour ,
Workplace Safety
Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher...more
11/15/2022
/ Appeals ,
Citations ,
Complaint Procedures ,
Discovery ,
Employer Liability Issues ,
Health and Safety ,
OSHA ,
OSHRC ,
Recordkeeping Requirements ,
Safety Inspections ,
Safety Violations ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
The nation’s workplace safety and health watchdog agency recently announced that it will now cast a wider net to include even more workplaces in its enhanced inspection program known as the “Severe Violator Enforcement...more
With the uptick in the COVID-19 positivity rate due to the emerging dominance of the BA.5 variant – thought to be the most transmissible yet – beleaguered employers once again find themselves in the position of confronting...more
Federal workplace safety officials just announced an extension of its COVID-19 National Emphasis Program (NEP) that focuses its inspection targeting efforts on hospital and skilled nursing care facilities that treat or handle...more
As expected, state and local mask requirements continue to be lifted following the CDC’s loosening of its masking recommendations last month. As of yesterday, only 10 states require masks – and many of those requirements...more
The Supreme Court blocked OSHA from enforcing the vaccine mandate-or-test ETS and the agency responded Tuesday by shelving the emergency rule altogether. In some ways, these two developments mean that the pathway for...more
Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more
1/26/2022
/ Bitcoin ,
Blockchain ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
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Data Breach ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Incentives ,
Infectious Diseases ,
Non-Fungible Tokens (NFTs) ,
OSHA ,
Tax Liability ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
In a surprise move, the Supreme Court failed to resolve either of the two pending workplace vaccine cases yesterday morning despite having announced a special decision day that led most Court observers to think that yesterday...more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Supreme Court just blocked OSHA’s vaccine ETS from being enforced for the foreseeable future, meaning your compliance to-do list has gotten significantly shorter – but it has by no means disappeared. While today’s 6 to 3...more
Perhaps no workplace law issue has generated more controversy in recent memory than the battle over the Biden administration’s vaccine rules currently being waged at the Supreme Court. The good news? By accelerating the...more
1/3/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Oral Argument ,
OSHA ,
Popular ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In one of the more shocking developments in a year full of surprises, a federal appeals court breathed new life into the Biden administration’s mandate-or-test emergency vaccine rule with a stunning Friday afternoon decision....more
Employers may feel confused about the status of the lawsuits that blocked the OSHA Vaccine mandate-or-test ETS from going into effect as originally planned. Not only do you feel stuck in a litigation limbo, but you can’t make...more
In a terse 22-page opinion, the U.S. Court of Appeals for the Fifth Circuit reaffirmed its preliminary stay that blocked the mandate-or-test Emergency Temporary Standard (ETS) late Friday, further complicating the status of...more
Citing potential “grave statutory and constitutional issues” with the mandate-or-test emergency vaccine rule unveiled by OSHA on Thursday, a federal appeals court just issued an order blocking the ETS from taking effect on a...more
Federal workplace safety officials just released the mandate-or-test workplace vaccine emergency rule, and employers are sure to have questions. The Emergency Temporary Standard (ETS) developed by the Occupational Safety and...more
11/5/2021
/ Best Practices ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Federal Contractors ,
Healthcare Workers ,
Joint Employers ,
OSHA ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Religious Accommodation ,
Remote Working ,
Reporting Requirements ,
Unions ,
Vaccinations ,
Virus Testing ,
Workplace Illness and Injury Reporting ,
Workplace Safety
As part of his administration’s plan to combat the COVID-19 pandemic, President Joe Biden recently announced a “six-pronged, comprehensive national strategy” to use every tool at his disposal to enforce vaccine and testing...more
Democrats recently introduced a budget bill that proposes significant changes to employers nationwide – including massive hikes to penalties in cases where workplace safety officials find employers out of compliance. What do...more
In arguably the most far-reaching move of the COVID-19 pandemic, the Biden administration announced Thursday that federal workplace safety officials will soon issue a rule that will require all employers with 100 or more...more
Almost six months after President Joe Biden directed the Occupational Safety and Health Administration to determine whether emergency temporary standards (ETS) concerning COVID-19 were necessary, OSHA finally issued the...more
6/14/2021
/ Anti-Retaliation Provisions ,
Assisted Living Facilities (ALFs) ,
Coronavirus/COVID-19 ,
Employee Training ,
Employer Responsibilities ,
Employment Policies ,
First Responders ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Home Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
New Rules ,
Nursing Homes ,
OSHA ,
Physicians ,
Recordkeeping Requirements ,
Reporting Requirements ,
Sick Employees ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Responding to a huge looming question for employers, the Occupational Safety and Health Administration (OSHA) just issued an announcement referring businesses to the CDC’s new guidance advising that fully vaccinated people no...more
5/19/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Vaccinations ,
Workplace Safety