What’s New in Employment Law?

Ok. Cal/OSHA has taken the OSHA ETS off the agenda for Thursday’s meeting. Too much uncertainty. As a reminder, today is the random lottery to determine which Court of Appeals will handle the consolidated lawsuits challenging the OSHA ETS. It’s going to be...

So. Cal/OSHA’s agenda for its November 18 meeting includes adopting emergency language related to “vaccines, testing and face coverings” in light of the OSHA ETS.  No proposed language is available yet.  Here is the link to the agenda in its current form.  More to...

Many law firms have posted on their blogs explaining the content of the new OSHA Emergency Temporary Standard (ETS) published on November 5, 2021.  I like this post, which is particularly comprehensive. Rather than summarizing the ETS here, I want to ensure that all...

A wise listener this week asked whether her employer could require COVID-19 vaccinations for new employees, but not current ones. Such a great question!  The short answer is “probably,” but it’s a bad idea.  Why? First, a little background… The DFEH and the EEOC have...

Good morning! It’s here.  OSHA issued its Emergency Temporary Standard (ETS) early this morning.  Here’s a link. Under the ETS, all employers with 100 or more employees must ensure their employees are fully vaccinated, or produce a verified negative test at least...

In our last webinar, many attendees asked vaccination-related questions.  Here are some common issues: If you require employees to declare their vaccination status (and there are many valid reasons to do so), treat those who refuse to declare their status as...

During our webinar this week, one of our listeners sent this question: “We want to start hosting voluntary, off-site happy hours.  What are the legal implications?  We need a drink!”  We hear you! The past 18 months or so have been trying for most of us.  We want to...

So, a few of my colleagues and I have been wagering how long it would take the federal Department of Labor’s OSHA folks to prepare an initial draft of a regulation to implement President Biden’s private sector vaccination order. I won. (I said it would be before...

California employers may now distribute required posters and notices to employees via email. Senate Bill 657, which is effective on January 1, 2022, clarifies that employers do not need to send or show remote employees required employee postings. These documents may...

We have a bit of news… Although the federal government has not announced a framework for President Biden’s order that employers with at least 100 employees require COVID-19 vaccinations, the Safer Federal Workforce Task Force has announced guidance on the vaccination...