OSHA Issues, and Fifth Circuit Stays, Emergency Temporary Standard for COVID-19 Vaccination of Private Sector Employees

Written by Gary McLaughlin and Eric Engelman On November 4, 2021, the Occupational Safety and Health Administration (“OSHA”) issued its long-awaited COVID-19 vaccination rule for private employers. The OSHA COVID-19 vaccination and testing emergency temporary standard (“ETS”) applies to all employers with 100 or more employees, and requires that employees be fully vaccinated for COVID-19, or comply with testing and face covering requirements.  The ETS … Continue reading OSHA Issues, and Fifth Circuit Stays, Emergency Temporary Standard for COVID-19 Vaccination of Private Sector Employees

EEOC Issues New COVID-19 Guidance on Religious Objections to Vaccine Mandates

Written by Jeremy Mittman An increase in workplace mandatory COVID-19 vaccination policies has yielded an increase in employees’ requests for special exemptions. This week, the EEOC issued updated guidance on how employers should handle religious objections to COVID-19 vaccine mandates. The guidance explains how Title VII of the Civil Rights Act, which prohibits employment discrimination based on religion, applies. Under Title VII, employers are required … Continue reading EEOC Issues New COVID-19 Guidance on Religious Objections to Vaccine Mandates

White House Announces New COVID-19 Vaccination and Testing Requirements for Air Travelers to US

Written by David S. Rugendorf Yesterday, October 25, 2021, the White House issued its long-awaited vaccination and testing requirements for noncitizen/nonpermanent resident air travelers to the United States. The new requirements, which will take effect at 12:01 a.m. on November 8, 2021, replace the previous travel restrictions – no longer will travelers physically present in certain specified geographic regions (China, UK, Ireland, Europe (Schengen countries), … Continue reading White House Announces New COVID-19 Vaccination and Testing Requirements for Air Travelers to US

CA Governor Newsom Signs Flurry of New Laws

Written by Jeremy Mittman This month, California Governor Gavin Newsom enacted a flurry of new laws that directly impact California employers. Here’s a breakdown of the laws (all of which go into effect on January 1, 2022), and what you need to know: SB 331: Broadly Prohibits Non-Disclosure Clauses in Settlement Agreements Senate Bill 331 expands the limit on non-disclosure clauses in settlement agreements to … Continue reading CA Governor Newsom Signs Flurry of New Laws

Mandatory Arbitration Is On the Ropes Again In California

Ninth Circuit Partially Upholds AB-51’s Attack on Mandatory Arbitration Written by Stephen Rossi and Teresa Greider California’s “AB-51” is a controversial law that limits employers’ ability to enter into arbitration agreements with employees, and provides possible civil and criminal penalties for employers that make arbitration agreements a mandatory condition of employment. In February 2020, a District Court in California issued a preliminary injunction barring the … Continue reading Mandatory Arbitration Is On the Ropes Again In California

California’s Prop 22 Concerning “Gig Economy” Drivers Ruled Unconstitutional by California Court

Written by Jeremy Mittman The dust is nowhere near settled in the battle over independent contractors in California. In the latest development, a California Superior Court judge ruled last week that Proposition 22 is unconstitutional and unenforceable. Prop 22, which was passed by California voters last November, allows certain “gig economy” workers (app-based delivery and transportation drivers) to be classified as independent contractors instead of … Continue reading California’s Prop 22 Concerning “Gig Economy” Drivers Ruled Unconstitutional by California Court

FDA Fully Approves Pfizer COVID-19 Vaccine, Removing Potential Hurdle to Mandatory Vaccination Policies

Written by Jeremy Mittman Employers can breathe a bit easier when considering whether or not to adopt a mandatory vaccination policy to apply to their workforces. On August 23, 2021, the Food and Drug Administration (FDA) granted the Pfizer COVID-19 vaccine full approval, elevating it from its previous Emergency Use Authorization (“EUA”) status. As most know by now, the Pfizer vaccine is the first of … Continue reading FDA Fully Approves Pfizer COVID-19 Vaccine, Removing Potential Hurdle to Mandatory Vaccination Policies

California Supreme Court Holds That Rest And Meal Period Premiums Must Be Calculated In The Same Manner As Overtime Payments

Written by Jeremy Mittman & Corey Singer On July 15, 2021, the California Supreme Court settled a longstanding question in Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438, about how an employer must calculate the extra hour of premium pay that California non-exempt employees are owed if a compliant meal or rest break is not provided.  In a significant reversal of prior court rulings, … Continue reading California Supreme Court Holds That Rest And Meal Period Premiums Must Be Calculated In The Same Manner As Overtime Payments

President Biden Issues Executive Order Encouraging FTC to Ban or Limit Non-Compete Agreements

Written by Jeremy Mittman Last week, President Biden signed the Executive Order on Promoting Competition in the American Economy which, among other objectives intended to increase competition in a wide range of economic activity, encourages the Federal Trade Commission (FTC) to ban or limit non-compete agreements. Specifically, President Biden directs the Commission to “exercise the FTC’s statutory rulemaking authority under the Federal Trade Commission Act … Continue reading President Biden Issues Executive Order Encouraging FTC to Ban or Limit Non-Compete Agreements

Cal-OSHA Standards Board Adopts Emergency Temporary Standards (ETS) Revisions, Governor Newsom Issues Immediately Effective Executive Order

Written by Jeremy Mittman & Thea Rogers Last Friday, June 17, Governor Newsom signed the Cal-OSHA Safety and Health Standards Board’s revisions to its Emergency Temporary Standards (“ETS”) into immediate effect (Executive Order linked here), thereby more closely aligning Cal-OSHA COVID-19 face covering and physical distancing standards with the California Department of Public Health (“CDPH”) and Centers for Disease Control (“CDC”) recommendations.  Although Governor Newsom … Continue reading Cal-OSHA Standards Board Adopts Emergency Temporary Standards (ETS) Revisions, Governor Newsom Issues Immediately Effective Executive Order