In a specially scheduled oral argument today, the U.S. Supreme Court heard two issues involving the OSHA Emergency Temporary Standard (“ETS”). One issue pertained to the merits of the appeal and whether the OSHA ETS was valid and enforceable. The
Labor and Employment Law Blog
The Labor and Employment Law Blog, published by Snell & Wilmer, covers a range of topics related to labor relations, employment discrimination, workplace policies, and regulatory compliance. It discusses legal developments affecting employer-employee relationships, including National Labor Relations Board (NLRB) actions, Supreme Court rulings on labor and discrimination law, Department of Labor regulations on worker classification, and state-specific employment law updates such as wage and hour rules and pay transparency. The blog also addresses litigation strategies, union activities, and the impact of new laws on workplace practices and employer obligations.
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Work Authorization Update—Relaxed Rules For E, L, and H Spouses
Effective November 12, 2021, U.S. Citizenship and Immigration Services (“USCIS”) extended employment authorization for certain E, H, and L dependent spouses. Specifically, USCIS now recognizes that L and E dependent spouses have the ability to work “incident to status” and that…
Predicting the Future of the Cal/OSHA COVID-19 Emergency Temporary Standard
By Chuck Keller
With the enforcement of the Federal OSHA COVID-19 Emergency Temporary Standard (“ETS”) on hold pending consolidated review by the U.S. Court of Appeals for the Sixth Circuit after multiple legal challenges and a temporary stay by the Fifth Circuit on…
Sixth Circuit Wins ETS Lottery and OSHA Suspends ETS-Related Activities
By Chuck Keller
Yesterday, November 16, the U.S. Judicial Panel on Multidistrict Litigation (the “Panel”) held a lottery to select the federal appeals court to address the 34 petitions seeking review of the COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”). Since the ETS…
OSHA Ordered to Cease Implementation of Vaccination and Testing ETS Pending Further Court Order
By Chuck Keller
On Monday, November 8, 2021, Snell & Wilmer published a Legal Alert explaining that, on November 6, 2021, the Fifth Circuit Court of Appeals in New Orleans granted a stay and suspended the federal OSHA emergency temporary standards (ETS) requiring…
COVID-19 Vaccine Requirements for Travel to the U.S. – Are Your Employees Ready?
Effective 12:01 a.m. today, Presidential Proclamation 10294 took effect. That Proclamation rescinds the pandemic geographic travel bans and instead implements certain COVID-19 vaccine requirements for all international air travelers to the U.S. To read more about this development, click here
OSHA’s Vaccination and Testing ETS Suspended
By Chuck Keller
On Friday, November 5, Snell & Wilmer published a Legal Alert and blog regarding the provisions and effective dates of the federal OSHA Vaccination and Testing Emergency Temporary Standard (‘ETS”). We noted that legal actions objecting to the enactment and…
COVID-19 Vaccination and Testing ETS
By Chuck Keller
Almost two months after President Biden’s announcement of his administration’s mandatory vaccination plan, yesterday, November 4, 2021, the federal Occupational Safety and Health Administration (“OSHA”) published its Emergency Temporary Standard (“ETS”). The ETS becomes enforceable today, November 5, 2021. Essentially,…
EEOC Issues Guidance on Religious Objections to COVID-19 Vaccine Mandates
By Joe Kroeger
Yesterday, the EEOC issued updated guidance (“Guidance”) regarding employers’ obligations in responding to employees’ religious objections to receiving a COVID-19 vaccination. A full copy of the new Guidance can be found at answers L.1 – L.6, located here.
We…
President Biden Issues New Vaccine Mandate For All Employers With 100 Or More Employees
By Chuck Keller
Frustrated with a lagging rate of vaccinations, the Biden Administration decided to get out the stick since the carrot has not improved the vaccination rates to the levels that it wants to see. The Department of Labor, through the Occupational…