News & Analysis as of

Anti-Retaliation Provisions Coronavirus/COVID-19

Cole Schotz

New York Employers: New York Has Become the First State to Mandate Paid Prenatal Leave, Among Other Major Updates

Cole Schotz on

On April 20, 2024, New York Governor Kathy Hochul signed into law New York State’s Budget for fiscal year 2025. The new Budget includes a few key bills impacting New York employers and employees alike, as stated in depth...more

Dickinson Wright

No Vaccine, No Employment? Know Your State Law

Dickinson Wright on

The new Texas ban on vaccine mandates may be just the start. COVID-19 vaccination mandates have been the subject of litigation and the target of state legislation since the vaccines became readily available. While several...more

Fisher Phillips

New Laws for New York Employers in a New Year: What You Need to Know as 2023 Unfolds

Fisher Phillips on

After a few years of rapid and expansive change to New York’s workplace laws, involving adjustments to workplace safety, employee pay, benefits, and privacy, there was a noticeable slowdown for the state legislature this past...more

Fox Rothschild LLP

New York Employers Cannot Retaliate Against Employees for Lawful Absences

Fox Rothschild LLP on

Starting February 19, 2023, New York employers will be prohibited from retaliating against employees who take lawful absences pursuant to federal, state or local law. Employers are advised to review their leave of absence...more

Kohrman Jackson & Krantz LLP

Can Employers Prevent & Combat Employee Unionization?

The United States is currently experiencing a major resurgence of labor unions. As more fully discussed in The Resurgence of Unions: Why Now?, this upward trend in unionization can primarily be attributed to the COVID-19...more

Bowditch & Dewey

EEOC Issues Guidance Regarding COVID-19 Caregiver Discrimination

Bowditch & Dewey on

The EEOC recently issued guidance regarding COVID-19 caregiver discrimination. This guidance reiterates previously-issued guidance (Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving...more

Fisher Phillips

Tennessee Closes the Loop on Workplace Vaccine Mandates

Fisher Phillips on

Do you have a mandatory vaccination policy? Are you exempt from Tennessee’s COVID-19 vaccine protection law because you’re a federally regulated company, healthcare provider governed by the U.S. Centers for Medicare &...more

Jackson Lewis P.C.

Philadelphia Enacts COVID-19 Supplemental Paid Sick Leave

Jackson Lewis P.C. on

On March 10, 2022, Philadelphia Mayor Jim Kenney signed a new ordinance expanding COVID-19 Supplemental Paid Sick Leave (SPSL) until 2023. The following are answers that employers need to their questions regarding the...more

Jackson Lewis P.C.

D.C. Court of Appeals Panel to Hear Argument for Reinstating Healthcare ETS

Jackson Lewis P.C. on

On April 4, 2022, a merits panel of the D.C. Circuit Court of Appeals will hear oral arguments on a petition seeking to force OSHA to issue a permanent standard for healthcare occupational exposure to COVID-19 and to...more

Fox Rothschild LLP

When Workplace Romance Is a Fact of Life, How Can Employers Limit Their Liability?

Fox Rothschild LLP on

Even with the rise in remote working during the COVID-19 pandemic, workplace romance remains commonplace. In a 2021 survey, the Society for Human Resource Management (SHRM) found that more than one-third of U.S. workers have...more

Proskauer - Whistleblower Defense

EEOC Updates COVID-19 Guidance with Anti-Retaliation Section

On November 17, 2021, the EEOC updated its technical guidance on COVID-19 and anti-discrimination with a new anti-retaliation section. The new section largely restates existing statutory anti-retaliation protections in the...more

BCLP

Changes and Developments in California Employment Laws for 2022

BCLP on

As 2021 quickly comes to a close, we look back at this year’s legislative session, which included several employment-related bills signed by Governor Gavin Newsom, including bills aimed at prohibiting quotas that interfere...more

Farella Braun + Martel LLP

New California Employment Laws in 2022

The California Legislature passed and Governor Newsom signed several new or amended employment laws covering topics ranging from non-disparagement and separation agreements, the California Family Rights Act, and warehouse...more

Foley & Lardner LLP

New EEOC Guidance: Your Employees Can Sue You for Covid-19 Retaliation (If it’s Based on a Protected Classification)

Foley & Lardner LLP on

The latest series of Covid-19 news is discomfiting. The Biden administration is fighting in court for its vaccinate-or-test mandate. Europe, Asia, and parts of the U.S. are suffering from a heavy uptick in “Delta” variant...more

Epstein Becker & Green

#WorkforceWednesday: OSHA ETS Moves to the Sixth Circuit, Federal Agencies Join to Combat Workplace Retaliation, NY Increases...

Epstein Becker & Green on

This week, the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS) is currently in the hands of the Sixth Circuit, while New York employers have several updates to look out for...more

ArentFox Schiff

EEOC Addresses Retaliation in Updated COVID-19 Technical Assistance 

ArentFox Schiff on

Last week, the EEOC again updated its COVID-19 technical assistance; this time, to include more information about employer retaliation in pandemic-related employment situations. The update explains and clarifies the...more

Jackson Lewis P.C.

Updates to EEOC COVID-19 Guidance Reminds Employers of General Anti-Retaliation Protections for Employees

Jackson Lewis P.C. on

The EEOC has recently updated its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws to include a section on Retaliation and Interference. The update to EEOC’s guidance reviews...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - November 2021 #2

Infrastructure Bill Passes - Now What? Both the U.S. Senate and U.S. House of Representatives are out this week. But before they left for home, on November 5, 2021, the House of Representatives passed the Infrastructure...more

Jackson Lewis P.C.

End of California 2021 Legislative Session Brings New Laws Affecting California Employers

Jackson Lewis P.C. on

The California legislature has passed and Governor Gavin Newsom has signed a number of bills that address wage and hour practices and other issues affecting California employers. All bills take effect January 1, 2022, unless...more

Fisher Phillips

Massachusetts Extends COVID-19 Paid Leave Obligation for Bay State Employers

Fisher Phillips on

Massachusetts Governor Charlie Baker just signed legislation extending the statewide mandate for employers to provide emergency paid leave related to COVID-19. These COVID-19 Paid Leave obligations will now continue until...more

Parker Poe Adams & Bernstein LLP

OSHA Raises the Standard Impacting COVID-19 Whistleblower Claims

Under Section 11(c) of the Occupational Safety and Health Act, employers are prohibited from taking adverse action against an employee because the employee has engaged in protected activity under the statute, such as filing a...more

Fisher Phillips

The Top 18 Workplace Law Stories from August 2021

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Same Old Situation for Employers? Top 10 Takeaways as OSHA Updates COVID-19 Workplace Guidance

Fisher Phillips on

In response to the surge of delta variant cases across the country, federal workplace safety officials just issued updated guidance to help employers and workers identify current COVID-19 risks for unvaccinated or otherwise...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

COVID-19, Workplace Safety and Health, and Employee Claims of Retaliation: What’s an Employer to Do?

As of August 8, 2021, the Occupational Safety and Health Administration (OSHA) has received more than 5,558 whistleblower complaints related to COVID-19 since the start of the pandemic (and State Plans have received an...more

White and Williams LLP

Are Vaccine Mandates Becoming the “New Normal” For Employers?

COVID-19 is once again at the forefront for employers as the Delta variant rapidly surges throughout the country, while vaccination rates lag and new scientific findings explain how the virus spreads. Faced with concerns that...more

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