Outlined in part one of our series—SCOTUS Clarifies Whistleblower Claims Standard under Sarbanes Oxley—the U.S. Supreme Court reversed a federal court of appeals decision, resolving a recent federal appeals court split...more
2/15/2024
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Employer Liability Issues ,
Intent ,
Murray v UBS Securities LLC ,
Protected Activity ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Whistleblower Protection Policies ,
Whistleblowers
On February 8, 2024, the U.S. Supreme Court reversed a federal court of appeals decision, resolving a relatively recent federal appeals court split regarding the standard for liability in Sarbanes-Oxley whistleblower claims....more
Digesting the multiple decisions from the U.S. Supreme Court is going to take time and Miller Nash’s labor & employment team will provide more substantial insight in due course. In the meantime, however, we wanted to provide...more
This is the second blog post in our new series on Assistance Animals, Service Animals, and Emotional Support Animals. See the first post here. Stay tuned in the coming weeks for blog posts addressing unique questions and...more
On March 22, 2023, the National Labor Relations Board’s (NLRB) General Counsel (GC) issued formal guidance in response to inquiries about applying McLaren Macomb, 372 NLRB No. 58 (February 21, 2023). McLaren Macomb, which was...more
In the last few years, employers, education institutions, and places of public accommodation (e.g., airports, grocery stores, and hotels) have seen an increase in individuals who want to bring their Assistance Animal, Service...more
It should be no surprise that the novel coronavirus disease (COVID-19) pandemic has had a tremendous impact on today’s employees’ thoughts on life, work, and workplace rules. A recent Harvard Business Review article describes...more
For years, American employers have enforced employee dress and grooming standards, some of which include standards on hairstyles. In the past, the U.S. Equal Employment Opportunity Commission (EEOC) has indicated that “race”...more
Although litigation is still ongoing for some vaccine-related mandates, we have new guidance and key developments in vaccine mandate litigation and regulations since our September 20021 update...more
OSHA’s Vaccine or Test Mandate now Blocked In a split (6-3) decision, the U.S. Supreme Court blocked the Emergency Temporary Standards to Protect Workers from Coronavirus (ETS), issued by the federal Occupational Safety and...more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Join the Miller Nash employment and labor attorneys for an interactive webinar designed to help employers understand the latest developments and tools for managing a workplace during the ever-evolving COVID-19 pandemic. We’ll...more
1/13/2022
/ Continuing Legal Education ,
Coronavirus/COVID-19 ,
Duty to Bargain ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Human Resources Professionals ,
New Guidance ,
Paid Time Off (PTO) ,
Religious Accommodation ,
Risk Management ,
Unions ,
Vaccinations ,
Wage and Hour ,
Webinars ,
Workplace Safety
The California Occupational Safety and Health Standards Board (the “Board”) voted this week to readopt the Emergency Temporary Standard (ETS) on COVID-19 prevention. The readopted ETS will be effective January 14, 2022. The...more
As every large employer should know by now, on November 4, 2021, Occupational Safety and Health Administration (OSHA), Department of Labor (DOL), announced the much-anticipated Emergency Temporary Standard (ETS). The interim...more