On Friday, January 7, 2022, the U.S. Supreme Court will hear oral argument regarding two of the Biden administration’s most contentious COVID-19 workplace health and safety policies.
On December 16, 2021, California’s Occupational Safety and Health Standards Board adopted its second set of proposed revisions to the Cal/OSHA COVID-19 ETS. Governor Newsom also issued a surprise order clearing the way for a potential third readoption.
On November 18, 2021, the Biden administration resurrected an executive order first issued by President Obama that the Trump administration had subsequently rescinded.
The NLRB is soliciting public comments regarding potential revision of its rules and regulations to incorporate permanently the optional use of videoconference technology for all aspects and phases of unfair labor practice and representation case hearings
On Friday, November 12, the U.S. Court of Appeals for the Fifth Circuit issued an order staying enforcement and implementation of the federal Occupational Safety and Health Administration’s (OSHA) COVID-19 “vaccine or test” emergency temporary standard.
Some states are continuing to push back on government and private employer vaccine mandates through state legislation and lawsuits against the federal government.
On November 5, 2021, Alabama Governor Kay Ivey signed into law Senate Bill 9 that places new limits on Alabama employers’ ability to terminate the employment of workers who refuse a mandated COVID-19 vaccine.
As part of a trend in California, SB 331 broadly limits the use of non-disclosure provisions in various types of employment agreements, including settlement and separation agreements. It takes effect on January 1, 2022.
The U.S. Department of Labor published a final rule on September 23, 2021 clarifying several amendments to section 3(m) of the Fair Labor Standards Act (FLSA) that concern tip pooling.
