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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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Supreme Court Confronts OSHA ETS
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 … Continue reading
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 … Continue reading
Predicting the Future of the Cal/OSHA COVID-19 Emergency Temporary Standard
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 … Continue reading
Sixth Circuit Wins ETS Lottery and OSHA Suspends ETS-Related Activities
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 … Continue reading
OSHA Ordered to Cease Implementation of Vaccination and Testing ETS Pending Further Court Order
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 employers to … Continue reading
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.
Posted in Uncategorized
| Tagged CDC, COVID-19, Immigration Update, Presidential Proclamation 10294
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OSHA’s Vaccination and Testing ETS Suspended
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 enforcement of … Continue reading
Posted in Uncategorized
| Tagged COVID-19, COVID-19 Testing, COVID-19 Vaccination, COVID-19 Vaccination and Testing, Emergency Temporary Standard, ETS, OSHA
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COVID-19 Vaccination and Testing ETS
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, … Continue reading
EEOC Issues Guidance on Religious Objections to COVID-19 Vaccine Mandates
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 will focus … Continue reading
Employers May Face Higher Damages in NLRB Cases
In a recent Memorandum to the Regional Offices (September 8, 2021), the General Counsel (“GC”) of the National Labor Relations Board (“Board” or “NLRB”) directs the Regions to seek additional remedies from the Board in unfair labor practice litigation. The … Continue reading