Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is...more
7/30/2024
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Labor Regulations ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
NLRA ,
NLRB ,
OSHA ,
Over-Time ,
SCOTUS ,
Starbucks Corp. v McKinney ,
Statutory Interpretation
We’ve reported on Virginia’s first-in-the-nation, state-wide, permanent COVID-19 workplace standard. Last month, concluding that COVID-19 “no longer poses a ‘grave danger’ to employees,” the state’s Safety and Health Codes...more
We have reported on OSHA Emergency Temporary Standard (“ETS”), published on November 5th, that mandates that covered employers require their employees to be fully vaccinated against COVID-19 or obtain weekly COVID-19 tests...more
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
Effective August 2, 2021, Virginia’s Health and Safety Codes Board adopted OSHA’s, June 21, 2021, Emergency Temporary Standard (ETS) to protect healthcare and healthcare support service workers from occupational exposure to...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
In brief: A sharp pivot toward employee- and union-friendly executive actions and legislation. Here’s what we mean.
Executive Order 13950 -
As we’ve reported, President Biden Revokes Executive Order 13950 | Arent Fox,...more
2/10/2021
/ Anti-Retaliation Provisions ,
Arbitration ,
Biden Administration ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Definition ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Healthcare Workers ,
Mediation ,
Mine Safety and Health Administration (MSHA) ,
Minimum Wage ,
NLRA ,
Non-Compete Agreements ,
OFCCP ,
OSHA ,
Prevailing Wages ,
Taft-Hartley Act ,
Unions ,
Wage and Hour ,
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