As we approach midyear, the ArentFox Schiff Labor, Employment & OSHA team highlights some of the most pressing legal issues facing employers this year, including artificial intelligence (AI) regulation at the state level,...more
With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more
4/23/2024
/ Cannabis Products ,
Citizenship Status Discrimination ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Medical Leave ,
Misclassification ,
New Rules ,
NLRB ,
Non-Compete Agreements ,
Off-Duty Employees ,
OSHA ,
Over-Time ,
Paid Family Leave Law ,
Reasonable Accommodation ,
Remote Working ,
Unions
On January 13, 2022, the Supreme Court reinstituted a stay blocking OSHA's COVID-19 vaccination and testing emergency temporary standard (ETS), which mandated that employers with 100 or more employees require their employees...more
1/17/2022
/ Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit issued an Opinion lifting the stay of OSHA's emergency temporary standard (ETS) requiring employers with 100 or more employees to implement mandatory...more
12/21/2021
/ Appeals ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
OSH Act ,
OSHA ,
Reasonable Accommodation ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 12, the Fifth Circuit extended its stay on OSHA’s COVID-19 vaccination and testing emergency temporary standard (ETS), which mandated that employers with 100 or more employees require their employees to get...more
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) mandating that large employers require employees to be fully vaccinated against COVID-19...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Large employers should soon have specific guidance on complying with the Occupational Safety and Health Administration (OSHA) vaccine and testing mandate. On September 9, President Biden announced that OSHA would issue an...more
On January 21, 2021, the Biden Administration issued an Executive Order outlining its objectives with respect to worker health and safety during the ongoing COVID-19 pandemic.
The Order reflects President Biden’s promises...more
2/22/2021
/ Anti-Retaliation Provisions ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Guidance Update ,
Health and Safety ,
Masks ,
OSH Act ,
OSHA ,
Remote Working ,
Vaccinations ,
Virus Testing ,
Workplace Safety
This is our fifth and final Alert on Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard.
In the first, we summarized the standard’s general employer mandates. In the second, we covered...more
Earlier this month, the Occupational Safety and Health Administration (OSHA) issued two memoranda detailing the agency’s plan for conducting enforcement actions during the COVID-19 pandemic.
On April 13, OSHA released an...more
Questions are being raised if an employer has the legal right to discipline or discharge employees who refuse to work out of concern about the Coronavirus. The definitive legal answer is, “it depends.” There are both legal...more
With the World Health Organization declaring the coronavirus a worldwide pandemic and President Trump declaring a “National Emergency to Fight COVID-19,” it is imperative that employers understand the requirements of the OSH...more
Recently, the Occupational Safety and Health Commission (OSHRC or Commission) issued a decision in Secretary of Labor v. Wynnewood Refining Co., LLC (Wynnewood) that constitutes a dramatic expansion of the Occupational Safety...more