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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
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
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
President Biden Focuses on Strengthening COVID-19 Workplace Compliance
Occupational Safety & Health Administration (OSHA) issues and proposed actions took center stage in the first week of the Biden Administration. The President called for greater enforcement by OSHA of more stringent worker safety standards. Central to this call is greater … Continue reading
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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COVID-19: Employment Squalls Likely to Hit Employers
Many employers have opened for business and now hope for much-needed smooth sailing. As they chart their course for open and calm waters, however, employers would be well-served to keep their spyglasses focused on the horizon’s rough seas. Click here … Continue reading
Posted in ADEA, FLSA, OSHA, Snell & Wilmer
| Tagged Coronavirus, COVID-19, FFCRA, OSHA, Wage & Hour, WARN Act
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Employees’ Refusal to Work Over Coronavirus Concerns
As a result of the COVID-19 pandemic, most businesses were faced with making difficult decisions regarding their workforce. The U.S. Bureau of Labor Statistics reported that, in April, the unemployment rate rose to 14.7 percent totaling 23.1 million unemployed. While the number … Continue reading
Posted in ADA, FMLA, NLRA, OSHA, Sick Leave, Snell & Wilmer, Whistleblower
| Tagged ADAAA, CARES Act, Coronavirus, COVID-19, FFCRA, FMLA, NLRA, NLRB, OSHA, Paid Sick Time, Unemployment Insurance Benefits
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