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. OSHA announced the ETS last November, prompting a flurry of legal challenges by a host of states and business groups in federal courts across the country. Following an unusual appeals process, the ETS went into effect January 10, requiring employers of 100 or more employees to implement a mandatory vaccination or mask-and-testing policy for employees.[1] The Court’s stay now prohibits OSHA from continuing to e ..read more

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 implementing its vaccine-or-testing standard. OSHA announced Friday evening that it will begin enforcing the majority of the ETS starting January 10, 2022, and begin enforcing the testing requirement that applies to unvaccinated workers starting February 9. The ETS, which requires employers with 100 or more employees to implement a policy req ..read more

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.   Coverage The requirements of the ETS do not apply to employers covered by President Biden’s federal contractor vaccination Executive Order or healthcare providers subject to the requirements of OSHA’s COVID-19 Healthcare ETS (29 U.S.C. § 1910.502). (Implementing guidance for the federal contractor Ex ..read more

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 updated guidance provides employers with much-needed advice on navigating the religious accommodation process for employees claiming religious objections to the vaccine, including how to establish the accommodation process, how to assess an employee’s religious objections, and how to determine which accommodations, if any, are required to com ..read more

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 Friday, the Task Force released its much-anticipated guidance. Covered Contracts At the outset, it is important to note that not all federal contracts or contractors will be subject to the Order. The following federal contract or subcontracts are covered by the Order: Procurement contracts for services, construction, or a leasehold interest in real pr ..read more

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 part of the U.S. Department of Labor (DOL), that will require companies with 100 or more employees to ensure their workforces are either fully vaccinated or test negative for COVID-19 at least once a week. President Biden also announced two new Executive Orders creating vaccine mandates for federal employees and employees of federal governme ..read more

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 v. Hassid is a strawberry grower that employs more than 400 seasonal and 100 full-time workers. In October 2015, the United Farm Workers entered Cedar Point’s property and, using bullhorns, encouraged workers to join the organizers in a protest. The growers filed suit in federal court against several members of the California Agricultural L ..read more

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 into and enforce post-employment restrictive covenants. The Bill, which is expected to be signed into law by the end of the year, follows a nationwide trend among Democratic state legislatures enacting laws designed to limit the use or utility of various restrictive covenants in the employment setting. Under SB 672, a cove ..read more

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 Act, the U. S. Department of Labor’s Occupational Safety and Health Administration (OSHA), issued a long-awaited emergency temporary standard (the Emergency Rule) effective for the duration of the COVID-19 pandemic. In what is being regarded as a victory for the business community, the Emergency Rule is limited in its scope and applies onl ..read 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 guidance that was originally issued on these topics on December 16, 2020. Other Q&As are new as of May 28, 2021, including those relating to employer-provided incentives for receiving a COVID-19 vaccine. The Guidance addresses COVID vaccine issues raised under the Americans with Disabilities Act (ADA), G ..read more