On January 13, the U.S. Supreme Court granted emergency relief to plaintiffs challenging OSHA’s COVID-19 Emergency Temporary Standard (ETS), and issued a stay on enforcement of the rule.
Employment Law Landscape
Sixth Circuit Re-Activates OSHA’s Private Employer Vaccinate-or-Test Rule; New Enforcement Deadlines Set
On December 17, the U.S. Court of Appeals for the Sixth Circuit dissolved the stay order that prohibited enforcement of the Occupational Safety and Health Administration COVID-19 Emergency Temporary Standard (ETS). The rule paves the way for OSHA to begin…
OSHA Publishes Emergency Temporary Standard Requiring Vaccine-or-Testing for Employers With 100+ Employees
On Thursday, November 4, the Occupational Safety and Health Administration (OSHA) published an emergency temporary standard (ETS) making good on President Biden’s pledge to require private employers with 100 or more employees to implement vaccination-or-testing mandates for their employees.…
EEOC Updates COVID Guidance to Help Employers Address Religious Accommodations for Vaccine Requirements
On Monday, the U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” to address religious objections to employer vaccine mandates. The…
Task Force Guidance Issued for Federal Contractor Vaccination Mandate
On September 9, the White House announced Executive Order 14042, which requires covered federal contracts to include a clause mandating compliance with guidance that had yet to be issued by the Safer Federal Workforce Task Force (Task Force). On…
White House Announces Vaccination Mandate or Weekly Testing for Large Employers, and Vaccination Mandate for Federal Employees and Contractors
Yesterday, the White House announced numerous new measures to combat the pandemic and the contagious Delta variant that impact employers. One key change is a new regulation to be issued by the Occupational Safety and Health Administration (OSHA), which is…
And Stay Out! Supreme Court Rules Golden State Regulation Giving Unions Access to Private Farmland Is Unconstitutional Taking
On June 23, the U.S. Supreme Court held that a California provision requiring agricultural employers to allow unionizers onto their property violated the Fifth and Fourteenth Amendments – a clear win for employers. The named plaintiff in Cedar Point Nursery…
Restricting the Restrictions: New Illinois Legislation Would Limit Employer Use of Non-Competition and Similar Restrictive Covenants
The Illinois General Assembly recently passed Senate Bill 672 (“SB 672” or the “Bill”), which codifies Illinois common law standards for enforceability for covenants not to compete or solicit and imposes several additional statutory limitations on employers’ ability to enter…
OSHA Issues COVID-Related Emergency Rule and Recommendations
The Occupational Safety and Health Act (the Act) requires employers to provide a safe and healthy workplace free from recognized hazards likely to cause death or serious physical harm to employees. Late last week, the agency responsible for administering the…
EEOC Updates Vaccine Guidance: Accommodation, Confidentiality, Employer Incentives, and More
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance on employer vaccination policies in the form of additional Q&As. Some of the Q&As relating to mandatory vaccination policies, accommodation, and confidentiality supplement and clarify EEOC…