OSHA’s COVID-19 Vaccine-Testing Mandate Back in Effect On December 17, the Sixth Circuit Court of Appeals lifted the nationwide stay on the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) that had been imposed by the Fifth Circuit, requiring the ETS’s employer vaccination and testing requirements for COVID-19...
Another First Amendment Ruling in Employment Law The case is American Society of Journalists and Authors Inc. v. Bonta, 9th Cir., No. 20-55734 (Oct. 6, 2021), petition for rehearing en banc denied (Nov. 23, 2021). California's "ABC test" for classifying workers as employees or independent contractors, does not violate the...
WHEN IS IT AN UNDUE HARDSHIP FOR AN EMPLOYER TRYING TO WORK THROUGH A COVID-19 VACCINE ACCOMMODATION REQUEST? Employers face medical and sincerely held religious belief objections to COVID-19 vaccinations and anti-discrimination laws (e.g., Americans with Disabilities Act (“ADA”) and Title VII of the Civil Rights Act of 1964 (“Title...
Employers Beware Productivity Quotas and Monitoring Can Cause New Claims Employers who have quotas for employees, run warehouses or distribution centers, or otherwise monitor productivity of employees: new law AB 701 applies to you.[1] Starting on January 1st, employers are prohibited from using quotas or productivity monitoring to interfere with...
UPDATE: Religious Exemptions from COVID-19 Vaccinations On October 25, 2021, the EEOC released an update[1] religious exemptions from COVID-19 vaccination. The EEOC notes that requests for accommodation should be handled on a case-by-case basis. And in deciding how to proceed, the employer and employee should consider that: •Even...
GROCER GETS DINGED $1.1 MILLIONS FOR FAILURE TO PROVIDE COVID PAID SICK LEAVE The Labor Commissioner’s Office now twice cited Bodega Latina dba El Super grocery stores in Southern California $1,164,500 for failing to provide or delaying supplemental paid sick leave or other benefits to 240 workers at 38 locations...
IS REMOTE WORK CONSIDERED A REASONABLE ACCOMMODATION FOR AN EMPLOYEE? ANSWER: NO In the case of Brown vs. Austin, the Tenth Circuit found that an employee’s telework, weekend work, and supervisor change request were unreasonable under the Federal Rehabilitation Act and that the employee had failed to allege a prima...
TIP SHARING - FINAL RULE FROM DEPT OF LABOR The U.S. Department of Labor (“DOL”), at the federal level, enforces employee rights and has the ability to fine employers who do not abide by employment laws. The fines stack up and can be large. The DOL interprets laws, like those...
California Ban on Mandatory Employment Arbitration Agreements California Employers previously could require that employees sign and abide by mandatory arbitration agreements in pursuing any employment claims - until now. The California legislature enacted Assembly Bill 51, prohibiting mandatory arbitration agreements for any claims under the California Fair Employment and Housing...
California Implements And Encourages All Employers to Adopt Measures to Combat Delta Variant The State of California implemented a first-in-the-nation standard to require all State Employees, Health Care Workers and employees in High-Risk Congregate settings to show proof of vaccination or get tested once a week. The State is encouraging...