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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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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
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
President Biden Issues New Vaccine Mandate For All Employers With 100 Or More Employees
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 … Continue reading
Can Companies Use the Outside Sales Exemption During a Pandemic?
COVID-19 has altered the way nearly every employee performs their work. Videoconferencing and phone calls have largely replaced in-person visits and face-to-face meetings in many workplaces. By extension, many sales employees who used to visit customers in person now do … Continue reading
Posted in California, DOL, FLSA, Snell & Wilmer
| Tagged California, Coronavirus, COVID-19, DOL, Fair Labor Standards Act, Outside Sales Exemption
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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 … Continue reading
Posted in California, OSHA, Snell & Wilmer
| Tagged California, Coronavirus, COVID-19, OSHA
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Mail or In-Person Voting? The NLRB Issues Guidance on Representation Elections During the COVID-19 Pandemic
As with many other facets of life, the COVID-19 pandemic is impacting how the National Labor Relations Board (NLRB) handles representation cases. This week, in Aspirus Keweenaw & Michigan Nurses Ass’n, Petitioner, 370 NLRB No. 45 (2020), the NLRB adopted a … Continue reading
Posted in Labor, NLRB, Snell & Wilmer
| Tagged Coronavirus, COVID-19, Elections, NLRB, Unions
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CDC’s New Definition of “Close Contact” May Affect Workplace COVID-19 Response
Most employers are now familiar with pandemic-related terms such as quarantine, isolation, and social distancing, and by now you may have a response plan that incorporates those and other concepts for addressing COVID-19 in the workplace—if you don’t, then now … Continue reading
California Mandates COVID-19 Supplemental Paid Sick Leave for Employers Not Covered by the FFCRA
Large employers in California must now comply with a California version of the federal Families First COVID Response Act (“FFCRA”). On September 10, 2020, the California legislature passed Assembly Bill No. 1867 requiring employers with 500 or more employees and … Continue reading
Posted in California, Sick Leave, Snell & Wilmer
| Tagged California, Coronavirus, COVID-19, Paid Sick Leave
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Eligibility for Families First Coronavirus Response Act Leave Under Different School Reopening Models
The Families First Coronavirus Response Act (“FFCRA”) provides covered employees with up to 10 days of emergency paid sick leave and up to 12 workweeks of expanded family and medical leave, 10 workweeks of which are paid, if they cannot … Continue reading
Posted in DOL
| Tagged Coronavirus, COVID-19, DOL, FFCRA, School Reopening, USDOL
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President Trump’s Four Executive Actions Extend Certain Coronavirus Relief Programs, but Create Legal Uncertainty
On August 8, 2020, President Trump issued four executive actions–one executive order and three Presidential Memoranda–aimed at extending various coronavirus relief programs that have already expired, or are set to expire, in the absence of congressional action. These executive actions … Continue reading