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 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.…
On September 9, 2021, the Biden administration announced a new plan to combat the ongoing coronavirus pandemic in the United States. A critical component of that plan calls on the U.S. Occupational Safety and Health Administration (OSHA) to develop and implement a new emergency temporary standard (ETS) to require employers with more than 100 employees to require that their employees are either fully vaccinated or subject to COVID-19 testing at least once per week: The…
In this episode of our Global Solutions series, Ethan Isaac and Andre Appel provide an overview of the laws regarding the implementation of mandatory vaccination policies in workplaces globally. Ogletree Deakins’ Global Solutions podcast series includes additional country-specific flash briefings, full episodes on relevant topics for multinational employers, recap episodes, and companion materials.…
Welcome to In the Breakroom, a podcast series on hot topics related to employment law. On July 9, 2021, President Joe Biden issued the “Executive Order on Promoting Competition in the American Economy,” which, among other things, seeks to limit noncompete agreements. In this episode, Bill Grob and Caren Marlowe address changes to the use of restrictive covenants following the presidential action, including noncompete and nonsolicitation agreements. The speakers also discuss the federal Defend Trade…
On September 6, 2021, New York State Commissioner of Health Howard A. Zucker designated COVID-19 as “a highly contagious communicable disease that presents a serious risk of harm to the public health in New York State.” As a result of the commissioner’s designation, employers are required to activate their airborne infectious disease exposure prevention plans in accordance with the New York Health and Essential Rights Act (NY HERO Act). As we previously reported,…
On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP) published its Corporate Scheduling Announcement List (CSAL) identifying 400 construction federal contractors and federally assisted contractors and subcontractors for fiscal year 2021 (FY 2021), which runs from October 1, 2021, through September 30, 2022. OFCCP is not required to publish the CSAL, which differs from the Office of Management and Budget’s (OMB) scheduling letter “sent to an establishment to start the compliance evaluation…