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

Ogletree Deakins is a leading national law firm specializing in labor and employment. The firm blogs on workplace regulations and labor law updates.

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The COVID-19 traffic light scenario in the states of Mexico still looks complicated, with only Chiapas and Chihuahua among the nation’s states operating without restrictions on social and business activities. Therefore, the federal Ministry of Health continues to urge the population to reduce the risk of infection by complying with the sanitary measures with which Mexico’s residents are all too familiar. Currently, 13 states are federally designated in yellow status and 17 states in orange…
In a split 2-1 decision that likely raises more questions than it answers, the Ninth Circuit Court of Appeals cast some doubt upon the ability of employers to implement mandatory arbitration agreements with their employees. In Chamber of Commerce of the United States of America v. Bonta, the Ninth Circuit upheld portions of California Labor Code section 432.6, which prohibits employers from making arbitration agreements a condition of employment and imposes significant criminal and…
On September 8, 2021, the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) announced its proposed powered haulage rule for surface mines and surface areas of underground mines. The proposed rule, which is open to public comment through November 8, 2021, will be set out at a new 30 C.F.R. §§ 56.23000–23004; §§ 57.23000–23004; and §§ 77.2100–2104 (surface coal). The proposed rule would require mine operators with six or more miners to develop…
In this episode of In the Breakroom, a podcast series on hot topics related to employment law, Bill Grob and Phillip Russell discuss President Joe Biden’s September 9, 2021, announcement of a strategy for combating the COVID-19 pandemic that calls on the Occupational Safety and Health Administration (OSHA) to develop and implement a new emergency temporary standard (ETS). The speakers discuss the features that employers might expect from the anticipated ETS, including a requirement that…
On August 31, 2021, the Government of Ontario extended the period for the province’s paid infectious disease emergency leave (IDEL) entitlement from its original expiration date of September 25, 2021, to December 31, 2021. This extension was not accompanied by any substantive changes to the provisions of the paid IDEL. The paid IDEL was introduced on April 29, 2021, through Bill 284, the COVID-19 Putting Workers First Act, 2021. Bill 284 amended the Employment…
The California Legislature will soon send Senate Bill (SB) No. 606 to Governor Gavin Newsom, who is likely to sign the bill into law. The bill would make substantial changes to the California Division of Occupational Safety and Health’s (Cal/OSHA) citation structure by creating two new categories of violations: “enterprise-wide” and “egregious.” The bill would also provide Cal/OSHA with additional subpoena power during investigations. New Labor Code Highlights Section 6317 SB 606 would provide a…
Administration to Mandate Vaccines for Federal and Private-Sector Employees. President Joe Biden this week dramatically ramped up his administration’s efforts to increase COVID-19 vaccination rates across the country. On September 9, 2021, the president issued an executive order requiring all executive branch employees to be vaccinated and another executive order that will likely result in a similar mandate for certain employees of federal contractors. Regarding the order applicable to federal contractors, most of the…
To ensure “that the parties that contract with the Federal Government provide adequate COVID-19 safeguards to their workers performing on or in connection with a Federal Government contract,” President Biden has issued yet another executive order (EO) mandating that some federal contractors and subcontractors comply with Guidance published by the Safer Federal Workforce Task Force. Effective Date The vaccine mandate will not go into effect until the director of the Office of Management and…
In May 2021, the Arizona Legislature passed and Governor Doug Ducey signed Senate Bill (SB) 1268, which imposes stricter reporting requirements on private-sector labor unions by requiring “similar fiduciary guidelines as required by employers or third-party [benefits] administrators.” Under SB 1268, a union must annually disclose to members and members’ employers the following detailed information: The union’s total revenues and expenditures (in Arizona and nationally) for each category of benefits offered to members, including…
Over the past few years, social and cultural movements have changed the nature and types of complaints that employers receive from employees. In this podcast, Monique Gougisha Doucette and Andre’ Caldwell discuss with Jim McGrew the evolution of complaints and the various tools that employers can implement to respond effectively to new allegations of discrimination, including with respect to internal investigations and organizational assessments.…