Labor and Employment Law Blog

2023: The Year Pay Transparency Becomes a Much Bigger Deal

The continuing trend of state and local government regulating more aspects of the employment relationship continues, and this time the focus is on pay transparency. These new laws require employers to disclose the pay they offer in job postings.  Colorado was first on the scene in 2021.  Since then, California and Washington have adopted new […]

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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 was published on November 5, 34 petitions had been filed in 12 different federal appeals courts […]

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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 the ETS were filed across many jurisdictions on Thursday, November 4 and Friday, November 5. […]

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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, it requires all employers employing 100 or more employees to draft, adopt and implement a […]

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Employers Revisit Mandatory Vaccinations for Employees Following Full Approval of the Pfizer-BioNTech Vaccine

On Monday, August 23, 2021, the Food and Drug Administration (“FDA”) formally approved the Pfizer-BioNTech COVID-19 Vaccine for individuals 16 years of age and older. With this new and much-anticipated approval from the FDA, the Department of Defense immediately mandated the Pfizer vaccine for all military service members. Nationwide, many companies are now strongly considering […]

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California Employers with 100+ Employees Should be Aware of Fast Approaching Pay Data Report Deadline

Employers with 100 or more employees nationally and at least one employee in California are required to submit a pay data report to the Department of Fair Employment and Housing no later than March 31, 2021.  Similar to the Federal EEO-1 reporting requirements, in September 2020, California passed Senate Bill 973 which requires employers with […]

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Cal-OSHA Emergency COVID-19 Regulation

On Thursday, November 19, 2020, the California Occupational Safety and Health Standards Board unanimously passed an emergency Cal-OSHA regulation. The final draft was sent to the Office of Administrative Law (“OAL”) on November 20, 2020. OAL will have 10 days to review and approve the regulation. Thereafter, stakeholders will have five days to submit comments. Thus, […]

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A Roadmap to Reopening or Resuming Business in the Midst of a Pandemic

As businesses begin to contemplate reopening, what will be the expected norms for employees, vendors, customers, and visitors? Click here for more information.

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The Part-Time Worker Bill of Rights Is Introduced

United States Senator Elizabeth Warren (D-Mass.) and Representative Jan Schakowsky (D-Ill.) announced they will introduce the Part-Time Worker Bill of Rights. If passed, it would: Require employers with more than 500 workers to offer available hours to qualified part-time employees before hiring new employees; Allow part-time employees who have worked for at least a year […]

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California Meal and Rest Break Rules Are Preempted by Federal Law for Property-Carrying Truck Drivers

The Federal Motor Carrier Safety Administration (“FMCSA”) recently ruled that California’s meal and rest break rules are preempted by the Motor Carrier Safety Act (“MCSA”), 49 U.S.C. § 31141, as applied to property-carrying commercial motor vehicle drivers covered by the FMCSA’s hours of service regulations. The MCSA proscribes certain requirements for commercial motor vehicles operating […]

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