What’s New in Employment Law?

Welcome to Shaw Law Group, PC’s law blog. We focus on employment law developments, particularly in California. The posts below are current as of the date of the posting. Nothing in this forum should be construed as legal advice, ’cause it isn’t. Please consult your regular counsel or hire us! Also – this is a public website, so communications are not privileged.

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Biden’s COVID-19 Vaccine Mandate is Back!

By Jennifer Shaw | | December 18, 2021

Try not to get whiplash... The Sixth Circuit Court of Appeals has upheld President Biden's COVID-19 vaccinate-or-test mandate for employers with 100 or more employees. This one came out of nowhere, folks, The Court's ruling lifted a November injunction by the Fifth...

Cal/OSHA Changes COVID-19 ETS

By Jennifer Shaw | | December 17, 2021

On December 16, 2021, the Cal/OSHA Standard Board voted to readopt and update the COVID-19 Emergency Temporary Standard (“ETS”). The new ETS will take effect on January 14, 2022, and end 90 days later (although Governor Newsom’s executive order from December 16, 2021,...

More Mask Guidance…

By Jennifer Shaw | | December 16, 2021

As you know, the CDPH issued new mask guidance earlier this week. The order, which was effective on December 15, 2021, requires masks indoors at public transit facilities such as airports, healthcare settings, adult and senior care facilities, schools, correctional...

Designated Persons Under the CFRA

By Jennifer Shaw | | December 15, 2021

So.  It pays to read EVERY word in a statute.  Case in point:  AB 1033, which will become law on January 1, 2022.  Section 1.5 of the bill purports to add “designated person” to the list of individuals for whom employees may use leave under the California Family...

New Statewide Mask Mandate (Updated!)

By Jennifer Shaw | | December 15, 2021

On December 13, 2021, the California Department of Public Health issued new guidance on the use of face coverings, which replaces all prior face covering guidance. Here are the details: The new guidance is effective from 12/15/21 through 1/15/22. It applies to...

Cal/OSHA Update

By Jennifer Shaw | | November 16, 2021

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...

A Bit of News on Cal/OSHA’s Response to the OSHA ETS

By Jennifer Shaw | | November 9, 2021

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...

OSHA’s ETS:  A FEW KEY POINTS FOR CALIFORNIA EMPLOYERS

By Jennifer Shaw | | November 7, 2021

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...

KEY QUESTION FROM “WEDNESDAY WAKE-UP WITH JEN” WEBINAR

By Jennifer Shaw | | November 5, 2021

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...

OSHA’S ETS STANDARD RELEASED

By Jennifer Shaw | | November 4, 2021

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...

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