News & Analysis as of

Workplace Safety Employee Rights Coronavirus/COVID-19

Stikeman Elliott LLP

Needle-less Dispute? BC Court Finds That Unpaid Leave Due to Non-Compliance Did Not Amount to Constructive Dismissal

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The COVID-19 litigation lag continues to play out in Canadian courts; and employers are starting to get some clarity on some of the key workplace issues that arose during the pandemic. In Clark v. City of Prince George,...more

Kohrman Jackson & Krantz LLP

Spa Corporate Officials Taken into Custody for Refusal to Comply with NLRB and Court Orders

In a recent and highly unusual turn of events, the United States Court of Appeals for the Seventh Circuit (Seventh Circuit) has ordered U.S. Marshals to take corporate officials of Haven Salon + Spa (Haven) into custody for...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Seyfarth Shaw LLP

Spike in Religious Discrimination Charges Stemming from COVID-19 Vaccine Mandates Fuels Increase in EEOC Charges

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Seyfarth Synopsis: Each Fiscal Year (“FY”), the Equal Employment Opportunity Commission (“EEOC”) releases data on the number of charges it receives from applicants and employees. This data is noteworthy as it reflects the...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from February 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Fisher Phillips

Top 10 List – Keep Your Eyes on These California Employment Bills on Governor Newsom’s Desk

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Eight months of legislative wrangling and dealmaking have come to an end as the California Legislature just wrapped up work for the year – and now employers across the Golden State turn their eyes to the governor’s office to...more

Bodman

Is it really over…COVID-19 Employment Rights Act Roll Back

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On Monday, July 11, 2022 ̶ retroactively effective to July 1, 2022, with a final end date of July 1, 2023 ̶ Michigan’s COVID-19-era laws (three in total), including an amendment and repeal of Michigan’s COVID-19 Employment...more

Littler

British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

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On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting...more

Littler

Ontario, Canada: Another Arbitration Decision Upholds Mandatory COVID-19 Vaccination Policy

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In Unifor Local 973 v Coca-Cola Canada Bottling Limited, 2022 CanLII 20322, Arbitrator Mark Wright made another contribution to the “weight of authority” in Ontario labour arbitration awards pertaining to mandatory COVID-19...more

Littler

Canada: Arbitrator Finds Termination Consequences of Long-Term Care Home’s Mandatory Vaccination Policy Violated Collective...

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In Chartwell Housing REIT v. Healthcare, Office and Professional Employees Union, Local 2220, 2022CanLII 6832 (ON LA) (Chartwell), Arbitrator Gail Misra considered a provision in a mandatory COVID-19 vaccination policy that...more

Stikeman Elliott LLP

Enforceability of Vaccination Policies Boosted by Recent Arbitration Decision

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Since we last wrote on the topic of COVID-19 vaccination policies, another vaccination policy was upheld at arbitration, this time, requiring employees to receive a third “booster” shot against COVID-19. ...more

Polsinelli

California Brings Back Paid Covid-19 Sick Leave

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On January 25, 2022, California Governor Gavin Newsom, Senate President pro Tempore Toni G. Atkins, and Assembly Speaker Anthony Rendon announced a framework for an agreement to reactivate California’s COVID-19 paid...more

Stikeman Elliott LLP

Mandatory Vaccines: Another Policy Upheld in Ontario

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175, the arbitrator found that a mandatory vaccination policy requiring unvaccinated unionized employees to be placed on unpaid...more

Littler

Ontario, Canada: Another Arbitrator Upholds a Mandatory COVID-19 Vaccination Policy

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175 (Bunge), Arbitrator Robert J. Herman dismissed a union grievance challenging the employer’s mandatory COVID-19 vaccination...more

Morrison & Foerster LLP

COVID-19 Vaccines in the Workplace

Researchers around the world are working at record speed to find the best ways to treat and prevent COVID-19. In this fifth episode of our podcast series on COVID-19, Michael Ward, MoFo partner and global head of the firm’s...more

Bennett Jones LLP

Responding to Requests for Religious Exemptions to Vaccination Policies

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In an effort to mitigate the spread of COVID-19 in the workplace, many employers are implementing vaccination requirements for employees. Vaccination policies are employer specific and vary widely in terms of their particular...more

Polsinelli

D.C. Enacts Paid COVID-19 Vaccine Leave and Extends Public Health Emergency Leave Under DC FMLA

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On November 18, 2021, District of Columbia Mayor Muriel Bowser signed the “COVID Vaccination Leave Emergency Amendment Act of 2021” (the “Act”). The Act applies to nearly all private employers with employees in the District....more

Bennett Jones LLP

Challenging Mandatory Vaccination Policies in Ontario: Arbitrators Take a First Look and Reach Differing

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There are now three recent Ontario arbitration decisions that address whether an employer may require its unionized employees to be vaccinated. While directly relevant to unionized employers, given the lack of case law...more

Laner Muchin, Ltd.

New Illinois Law Clarifies that the Illinois Health Care Right of Conscience Act Does Not Apply to Employers’ COVID-19 Mitigation...

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Prior to the COVID-19 pandemic, most employers had never heard of the Illinois Healthcare Right of Conscience Act (the Act), let alone debated its applicability to their employees.  However, as COVID-19 has changed the...more

Littler

Ontario, Canada Arbitrator Deems Employer’s Mandatory COVID-19 Vaccination Policy Unreasonable

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On November 11, 2021, only two days after Arbitrator Von Veh upheld a mandatory vaccination policy in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Stout struck...more

Littler

District of Columbia Adopts Paid Vaccine Leave Requirements

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The District of Columbia Council has passed legislation mandating that employers provide paid leave to employees for time spent obtaining and, if needed, recovering from side effects of a COVID-19 vaccine.  Employees will...more

Hogan Lovells

Vaccination and fundamental rights of employees

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Several employers ask employees to work from home if they cannot show a valid QR. The question is whether this is allowed? In Several employers ask employees to work from home if they cannot show a valid QR. The question is...more

Pullman & Comley, LLC

Balancing the Vaccination Equation: Frequently Asked Questions About COVID-19 Vaccines in the Workplace

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Q1: What Does It Mean to Be “Fully Vaccinated”? A1: According to the CDC, an individual is considered “fully vaccinated” fourteen (14) days after receiving the second dose in a two-dose series, such as the Pfizer or Moderna...more

Poyner Spruill LLP

Biden plans to mandate COVID vaccine for private employers

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On Thursday, September 9, 2021, President Biden announced his plan to mandate private employers with 100 or more employees require all their employees to be vaccinated against COVID-19....more

Fox Rothschild LLP

Employers Must Implement Disease Exposure Prevention Plan Pursuant To NY Hero Act

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On September 6, 2021, New York Gov. Kathy Hochul announced the designation of COVID-19 as an airborne infectious disease under the state's HERO Act. This designation requires New York employers to implement their workplace...more

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