SCOTUS Halts Vax Or Test Rule For Large Private Employers But Lets Health Care Rule Take Effect
1/13/22
In two opinions issued today, the U.S. Supreme Court put a hold on a federal rule requiring large employers to adopt a vaccine or test policy but allowed the Biden administration to enforce a similar rule applicable only to healthcare facilities that accept Medicaid or Medicare funding. In a case brought by employers and 27…
The human resources impact of the Kronos ransomware attack
1/11/22
By: Chenee Castruita The unique combination of COVID-19 and a drastic decrease in the workforce found more workers putting in overtime this holiday season. Unfortunately, millions of workers last month experienced a delay not only in their packages, but in their pay as well. Kronos (Ultimate Kronos Group) provides human resource management services such as…
Employer alert: CDC updates mask and quarantine guidelines
1/3/22
By: Diandra Franks and R. Victoria Fuller On December 27, 2021, the Centers for Disease Control and Prevention (“CDC”) once again updated its mask and quarantine guidelines. In this most recent update, the CDC shortened its recommended isolation and quarantine periods for the general public. These new guidelines, however, do not apply to healthcare workers, for whom the CDC has issued separate updated…
A word to employers: EEOC advises COVID-19 may be a disability under the ADA
12/28/21
By: Julia Bover COVID-19 and its related health conditions may now be considered a disability under the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act. On December 14, 2021, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance on when individuals diagnosed with COVID-19 or a post-COVID health condition may be considered to have…
6th Circuit reverses earlier injunction and reinstates OSHA’s Covid-19 vaccine or test mandate
12/20/21
By: Courtney M. Knight On Friday, December 17, 2021, the Sixth Circuit Court of Appeals reversed an earlier stay by the Fifth Circuit, and allowed OSHA’s COVID-19 Emergency Temporary Standard (“ETS”) to move ahead. By way of background, on November 5, 2021, OSHA unveiled its ETS mandating employers with at least 100 employees to develop a…
12/2/21
By Ryan Giggi As noted in our recent blog, OSHA announced in mid-November, 2021 that it was suspending activities related to the enforcement of its COVID-19 Emergency Temporary Standard (“ETS”) – which would have required businesses with more than 100 employees to either implement vaccine mandates or to require weekly testing and mask wearing for unvaccinated…
Ninth Circuit rules for Costco on “Joint Employer” question
11/22/21
By: Curt Graham The issue of worker classification (i.e., whether a worker is considered an “employee” or not) was recently addressed in a Ninth Circuit Court of Appeals decision involving Costco. On October 29, 2021, the Court issued a decision affirming summary judgment in favor of the retailer in a wage and hour dispute involving the question of whether Costco should be held liable as…
OSHA suspends Covid-19 100 Employee ETS while legal challenges play out
11/17/21
By: Bradley Adler It has been a very hectic and uncertain few days for employers trying to digest and prepare for implementation of OSHA’s Covid-19 Emergency Temporary Standard (“ETS”). By way of background, on November 5, 2021, OSHA unveiled its ETS mandating employers with at least 100 employees to develop a vaccination policy (by December…
More changes in Texas laws –Texas expands sexual harassment protections effective September 1, 2021
9/24/21
By: Mandy Hexom Effective September 1, 2021, Texas employees will have expanded protections against sexual harassment as part of the Texas Commission on Human Rights Act. Surprising many, the Texas Legislature passed Senate Bill 45 (Texas Labor Code § 21.141) and House Bill 21 (Texas Labor Code §§ 21.201(g) and 21.202). These new laws also…
President Biden announces vaccine requirement for private employers
9/10/21
By: Jacob McClendon On September 9, President Biden announced that the Occupational Safety and Health Administration (“OSHA”) will develop an emergency rule requiring private businesses with 100 or more employees to require their employees to be fully vaccinated or to produce a negative test result at least once a week. This will be a sweeping…
8/11/21
By: Adam Khan On July 15, 2021, the California Supreme Court delivered a victory for employees and an equally tough blow to California employers. In Jessica Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court held employers must pay meal and rest period premiums for each workday an employee was not provided a meal…
7/21/21
By: Victoria Fuller and Lori Eller In KPM Analytics N. Am Corp. v. Blue Sun Sci., LLC, the District of Massachusetts recently provided some much-needed guidance concerning the enforceability of non-compete agreements governed by the Massachusetts Noncompetition Agreement Act, M.G.L. 149, § 24L (“MNAA”). There, the employee signed a Non-Competition, Non-Solicitation and Confidentiality Agreement shortly…