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Federal v State Law Application Workplace Safety

Littler

OSHA Withdraws Proposal to Revoke Arizona’s State Plan

Littler on

On February 14, 2023, the federal Occupational Safety and Health Administration (OSHA) announced that it would be withdrawing its proposal to reconsider and revoke Arizona’s State Plan. This announcement was expected by many...more

Nelson Mullins Riley & Scarborough LLP

Understanding the Difference between Federal OSHA and State Plans

All states in the United States have the option to participate in the federal Occupational Safety & Health Administration (OSHA) program, implement a separate state program that addresses workplace safety (“State Plan”), or...more

Lowndes

CMS Vaccine Rule Stands: Providers Caught Between Federal Mandate and Florida Restrictions

Lowndes on

Late last week, the U.S. Supreme Court lifted the stay of the healthcare worker vaccination mandate (CMS Rule) in 24 states where the CMS Rule had been stayed. The CMS Rule, issued by the Centers for Medicare & Medicaid ...more

Littler

Florida Issues Emergency Rule and FAQs on its Vaccine Mandate Law

Littler on

After the passage of Florida Statute 381.00317 on November 17, 2021, employers with employees in Florida were left with new rules relating to COVID-19 vaccination policies, in many instances contrary to the signaled direction...more

Littler

Utah Enacts Law Related to COVID-19 Vaccination and Testing Requirements in the Workplace

Littler on

On November 16, 2021, Governor Spencer J. Cox signed SB2004 into law, placing limitations and additional obligations on Utah employers that have implemented vaccine or testing requirements on employees....more

Stinson LLP

New Kansas Law Creates Uncertainty and Risk for Employers Complying with Federal COVID-19 Vaccination Requirements

Stinson LLP on

On November 23, 2021, Kansas Governor Laura Kelly signed House Bill 2001, following a special session called by the Kansas legislature. This new law presents potential conflicts with federal vaccine requirements for federal...more

Lowndes

Employers in Limbo—OSHA Suspends Vaccination Rule After Fifth Circuit Ruling as Florida Limits Mandates

Lowndes on

On November 12, 2021, the Fifth Circuit Court of Appeals issued its second stay against OSHA’s emergency temporary standard (ETS) requiring large private employers to “vaccinate or test” their employees (a summary of ETS)....more

Littler

Understanding the Current Status of Multiple ETSs – Both Federal and California

Littler on

It has been a difficult couple of months for California employers seeking to navigate planning for possible changes to their workplace safety plans, in view of multiple new sources of potential obligations. ...more

Littler

Day 2: Application of Florida’s Vaccine Mandate Law

Littler on

As we relayed in our prior ASAP, Governor DeSantis signed HB-1B into law on November 18, potentially affecting all Florida employers and certainly causing many to reconsider any policies already adopted relating in any way to...more

Quarles & Brady LLP

Florida Legislation Restricting Workplace Vaccine Mandates — What Florida Employers Need to Know

Quarles & Brady LLP on

Following a special legislative session requested by the Governor to address COVID-19 related matters, on November 18, 2021, Governor Ron DeSantis signed legislation aimed at dismantling COVID-19 vaccine mandates imposed by...more

Littler

New Florida Law Governs Employer Vaccine Mandates

Littler on

On November 15, the Florida Legislature convened for a special session to consider four proposed laws reacting to the recent federal vaccine mandates applicable to various employers throughout the country. ...more

FordHarrison

The COVID-19 Conundrum How to Navigate the Competing Federal and Florida COVID-19 Vaccine Laws

FordHarrison on

Executive Summary: “Damned if you do, damned if you don’t.” This is how many Florida private employers feel right now given the conflicting federal regulations and Florida’s proposed legislation concerning COVID-19 vaccine...more

Manatt, Phelps & Phillips, LLP

[Webinar] Vexed by the Vax: Understanding the Current State of Vaccine Science and Vaccine Laws - November 17th, 12:00 pm - 1:00...

As the number of discussions on returning to the office in a post-pandemic world increases, so does the number of questions about vaccine expectations. On November 4th, OSHA released the much anticipated Emergency Temporary...more

Epstein Becker & Green

#WorkforceWednesday: Preparing for Biden's Vaccine Mandate, Mandate Pushback Begins, NLRA's Reach Expected to Expand - Employment...

Epstein Becker & Green on

This week, we look at the COVID-19 vaccination requirements for federal contractors and how the National Labor Relations Board (NLRB) is creating a more expansive view of the employment relationship. Employers Prepare for...more

Williams Mullen

Williams Mullen Manufacturing Edge Video Series - Episode 1

Williams Mullen on

In the inaugural episode of Williams Mullen Manufacturing Edge, a video series addressing key topics affecting manufacturers, Labor, Employment & Immigration (LEI) attorneys David Burton and Scott Terrell provide updates on...more

Hinshaw & Culbertson - Employment Law...

As COVID-19 Cases Increase, States Adopt Workplace Standards and Emergency Ordinances

With over 40 states showing a significant increase in the number of COVID-19 cases, the novel coronavirus remains top of mind for employers throughout the U.S. Numerous state and federal measures have been—and continue to...more

Hinshaw & Culbertson - Employment Law...

Lessons From Smithfield Pork Packing Plant Lawsuit: Could OSHA Preempt Worker Retaliation Claims Concerning Employer COVID-19...

In a workplace safety whistleblower lawsuit recently filed in the U.S. District Court for the Middle District of Florida, an air conditioning technician claims he was fired by his employer, HT Airsystems of Florida, LLC, in...more

Rumberger | Kirk

Medical Marijuana Employee Protection Act: What the Future Could Hold for Florida

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With the passing of the 2016 constitutional amendment and the Legislature’s enacting of statutes implementing the voters’ will, hundreds of thousands of Floridians have become lawful medical marijuana users. Originally...more

Seyfarth Shaw LLP

National Safety Council Endorses Zero Tolerance Prohibition on Cannabis/Marijuana for Safety-Sensitive Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: The National Safety Council released a policy statement endorsing employer zero-tolerance policies for cannabis use for employees who work in safety-sensitive positions, explaining that no level of cannabis...more

Proskauer - Law and the Workplace

Illinois Legalizes Recreational Marijuana: Impact on Employers

Illinois will soon become the eleventh state to legalize the recreational use of marijuana.  On June 25, 2019, Governor Pritzker signed into effect House Bill 1438—the Cannabis Regulation and Tax Act (“CRTA”).  The CRTA,...more

Fisher Phillips

Chronic Dispute: What The Sessions Marijuana Memo Means For Employers

Fisher Phillips on

Attorney General Jeff Sessions issued a one-page memorandum on December 4th, rescinding Obama-era guidance that had allowed states to legalize medical and recreational marijuana with marginal federal interference, eliminating...more

Fisher Phillips

Marijuana For Everyone? Society’s Changing Attitude Reflected In Workplace Practices

Fisher Phillips on

We’ve entered a new era of acceptance when it comes to the legally permitted use of marijuana. As of today, 28 states have legalized medical use of the drug, and eight states permit its recreational use. With over half of the...more

Burr & Forman

South Carolina court says 'NO' to employee's claims against Boeing

Burr & Forman on

Employees and their counsel have been very aggressive in attempting to couch employment claims as state-law matters and filing claims in state court instead of federal court to try to avoid the federal judiciary. For various...more

Seyfarth Shaw LLP

Cal/OSHA Amends its Definition of “Repeat” Citation to Reconcile Differences from the Federal Program

Seyfarth Shaw LLP on

Seyfarth Synopsis: Cal/OSHA has recently amended its definition of “repeat” for inspcetion citations to reconcile differences from the Federal OSHA program. The updated rules expand potential liability to California...more

Conn Maciel Carey LLP

[Webinar] Key Cal/OSHA Issues that California Employers Must Understand - July 21st, 4:00 pm EDT

Conn Maciel Carey LLP on

The state of California’s Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA, is perhaps the most aggressive and enforcement heavy approved state OSH program. Cal/OSHA faces many fewer bureaucratic...more

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