News & Analysis as of

Reasonable Accommodation Preemption

Venable LLP

EEOC Sues Employer Over Denial of Service Animal Accommodation

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In May, the Equal Employment Opportunity Commission (EEOC) announced it was suing a Maryland-based employer for allegedly violating Title I of the Americans with Disabilities Act (ADA) by refusing to allow an employee to...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Upholds Montana Vaccination Status Discrimination Law

As part of the backlash against employer-mandated COVID-19 vaccinations, Montana amended its antidiscrimination law to add vaccination status as a protected category. This means that employers are prohibited from inquiring or...more

Holland & Knight LLP

Employment Implications Arising from Dobbs v. Jackson Women's Health Organization

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The U.S. Supreme Court issued its decision in Dobbs v. Jackson Women's Health Organization on June 24, 2022, overturning Roe v. Wade and Planned Parenthood v. Casey and holding that there is no right to abortion in the U.S....more

Winstead PC

The Federal Government Vaccine Mandate’s Impact on Colleges and Universities

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The Biden administration on Nov. 4 released a Fact Sheet announcing the details of its Occupational Safety and Health Administration (OSHA) and Center for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandates. ...more

Littler

Utah Enacts Law Related to COVID-19 Vaccination and Testing Requirements in the Workplace

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On November 16, 2021, Governor Spencer J. Cox signed SB2004 into law, placing limitations and additional obligations on Utah employers that have implemented vaccine or testing requirements on employees....more

Littler

New Florida Law Governs Employer Vaccine Mandates

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On November 15, the Florida Legislature convened for a special session to consider four proposed laws reacting to the recent federal vaccine mandates applicable to various employers throughout the country. ...more

Latham & Watkins LLP

10 Employer Obligations Required by OSHA’s COVID-19 Vaccine-or-Test Mandate

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Employers with 100 or more employees may wish to begin preparing for the emergency temporary standard’s imminent deadlines, despite pending legal challenges. ...more

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

Florida Special Session to Address COVID-19 Vaccine Mandates and State OSH Plan

On November 15, 2021, the Florida Legislature will convene a five-day special session under the proclamation issued on October 29, 2021, by Governor Ron DeSantis for the “Keep Florida Free” joint legislative agenda. With...more

Fisher Phillips

Medicare and Medicaid Participants Face Sweeping New Workplace Vaccination Rule: A 5-Step Survival Guide

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Note: This CMS Rule refenced in this Insight is separate and distinct from the OSHA ETS that was issued on November 4. Thus, although the CMS Rule could also be challenged in court, the November 6 court order blocking...more

Smith Anderson

OSHA Issues its Vaccine Mandate

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The Occupational Safety and Health Administration ("OSHA") published a new Emergency Temporary Standard ("ETS") in the Federal Register today. This is the workplace vaccine mandate promised by President Biden on September...more

Eversheds Sutherland (US) LLP

OSHA announces emergency temporary standard on COVID-19 vaccination and testing

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) announced an “Emergency Temporary Standard” (ETS) on workplace safety and coronavirus. The ETS is in response to President Biden’s directive in...more

Bricker Graydon LLP

Long-awaited Federal Vaccine Mandates Are Here!

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On September 9, 2021, President Biden announced a series of directives that would increase the number of vaccinated workers, in an effort to limit the spread of COVID-19 and its variants. Guidance applicable to federal...more

Benesch

OSHA’s Emergency Temporary Standard is here: Private Employers with at least 100 employees now subject to vaccine or testing...

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As President Biden previewed in a September speech, many employers with 100 or more employees will be required to mandate COVID-19 vaccines or regular testing and masking for employees. Key details of the Emergency Temporary...more

Harris Beach Murtha PLLC

OSHA Issues Long-Awaited Emergency Temporary Standard for Employers

On November 4, 2021, the Occupational Safety and Health Administration of the U.S. Department of Labor (“OSHA”), issued its long-awaited Emergency Temporary Standard (“ETS”), applicable to employers with at least 100...more

Payne & Fears

Key California Employment Law Cases: December 2020

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Shirvanyan v. Los Angeles Community. College District, No. B296593, 2020 WL 7706321 (Cal. Ct. App. Nov. 30, 2020) - The availability of a reasonable accommodation is an element of a claim under the Fair Employment and...more

Parker Poe Adams & Bernstein LLP

Federal Court Says Connecticut Law Required Employer to Accommodate Medical Marijuana Use

As previously chronicled in EmployNews, a small but growing number of states that have legalized medical marijuana use have recognized employees’ rights not to be subject to adverse treatment by their employers due to such...more

Mintz - Employment Viewpoints

Employing Medical Marijuana Users – Does Federal Law Give Employers a Pass?

Until a few cases over the last year, courts appeared to be just fine maintaining the paradox that while individuals could lawfully treat their disabilities with licensed medical marijuana use, employers could choose to pass...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Harris Beach Murtha PLLC

High Time for Massachusetts Employers to Consider a Marijuana Use Policy

All employers should maintain an employee handbook or similar policy statement that clearly sets out the employer’s position on drug and alcohol use. While federal laws relating to marijuana possession and use have not...more

Harris Beach Murtha PLLC

Medical Marijuana Users Can Sue Their Employers

In a case of first impression, a federal trial judge has found that, under Connecticut law, an employer can be sued for refusing to hire an applicant who tested positive for medical marijuana use. See Noffsinger v. SSC...more

Littler

WPI State of the States: Statehouses Continue to Release Summer Blockbusters

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Despite recent publicity surrounding bills pending in the U.S. Congress, state legislatures have not lost their focus. More than 30 states have concluded their legislative sessions, and another half-dozen are in recess. But...more

Brownstein Hyatt Farber Schreck

States Diverge on Employment Law Protections for Medical Marijuana Users

Several courts have held that employees are not protected from termination or other adverse employment action for medical marijuana use, even in cases where they hold a medical marijuana card under state law, when they test...more

Littler

WPI State of the States: Crunch Time in the Statehouses Before Summer Break

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At this point in the year, many state lawmakers are wrapping up their efforts before summer, when many legislatures are in recess. Legislatures in roughly half the states have already concluded their sessions. Approximately...more

Littler

WPI State of the States — Legislative Proposals Are Taking Root

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As April showers turn into May flowers, measures proposed earlier this year in the state legislatures begin to take root. Significantly fewer generally applicable labor and employment bills were introduced in April, around 60...more

Fenwick & West LLP

Fenwick Employment Brief

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Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

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