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New Federal Law Limits Forced Arbitration of Certain Employment Disputes

Posted on April 28, 2022 | Categories: Employment

Last month, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“Act”). The Act amends the Federal Arbitration Act to give alleged victims the choice regarding whether to arbitrate employment disputes involving sexual assault or sexual harassment.


Attention All Employers: CDC Relaxes Mask Guidance

Posted on February 28, 2022 | Categories: Employment

The U.S. Centers for Disease Control and Prevention (CDC) relaxed its mask guidance on Friday, 2/25/22. The change could allow more than 70% of Americans to remove their face masks as long as COVID-19 hospitalizations in their region remain “low” to “medium” based on the CDC’s metrics. 


Attention California Employers: California Reinstates Supplemental COVID-19 Paid Sick Leave

Posted on February 15, 2022 | Categories: Employment

As most of the country taps the brakes on COVID-19 laws, California has its foot firmly on the gas pedal.   Last week, California’s Governor amended Labor Code Section 248.6 by signing Senate Bill (SB) 114, which can be found here. The amended law requires employers to provide up to 80 hours of supplemental California paid sick leave for COVID-19-related reasons beginning February 19, 2022.

Employer Not Required to Accommodate Sporadic Attendance of “Extremely Anxious” Employee

Posted on February 11, 2022 | Categories: Employment

This week, the federal Tenth Circuit Court of Appeals affirmed dismissal of an ex-employee’s lawsuit claiming discrimination under the Americans with Disabilities Act (ADA) because her employer declined her request to “not work for half the day when she was feeling overwhelmed by her anxiety on a unilateral as-needed basis and with no advance notice to her employer.”


Employer On the Hook for “Workplace” Injury During Employee’s Quick Trip to the Store During Unscheduled, Paid Rest Break

Posted on January 18, 2022 | Categories: Employment

A Pennsylvania employee was still clocked in when he crossed the street to buy a sandwich during an unauthorized rest break. While offsite during the unscheduled rest break, the employee slipped on ice, fell, and hit his head, causing serious injuries.

Breaking News! U.S. Supreme Court Blocks OSHA Vaccine-or-Test Rule

Posted on January 13, 2022 | Categories: Employment

The United States Supreme Court has entered a “stay” blocking OSHA’s Emergency Temporary Standard (ETS) requiring that employers with 100+ workers require full vaccination against COVID-19 or weekly testing plus face coverings for onsite workers.

OSHA Updates Guidance re Weekly COVID-19 Testing of Unvaccinated, Onsite Employees

Posted on January 3, 2022 | Categories: Employment

As we initially reported here, OSHA published the highly anticipated Emergency Temporary Standard (ETS) requiring full COVID-19 vaccination or weekly testing plus face coverings for onsite, unvaccinated workers of businesses with 100+ employees. Since OSHA’s publication on November 4, 2021, it’s been like watching an Olympic ping-pong match: blink and you’re behind.

Put Down That Eggnog: OSHA’s Vaccine-or-Test Requirement is Back in Play

Posted on December 20, 2021 | Categories: Employment

On Friday night, December 17, 2021, the Sixth Circuit Court of Appeals lifted the legal “stay” on the OSHA emergency temporary standard (ETS) requiring employers with 100+ employees to ensure in-person workers are either: (1) fully vaccinated against COVID-19 or (2) test weekly and wear masks when not in a floor-to-ceiling isolated space.  

5th Circuit Federal Appeals Court STOPS OSHA’s ETS—Now What?

Posted on November 9, 2021 | Categories: Employment

On Saturday, November 6, 2021, the federal Fifth Circuit Court of Appeals (covering Texas, Louisiana, and Mississippi) entered an Order granting a temporary stay blocking the implementation of OSHA’s Emergency Temporary Standard (ETS) COVID-19 rules. The extensive OSHA rules were published in the Federal Register on Friday, November 5, 2021.  

Breaking News—OSHA’s ETS Requiring Employee Vaccines and/or Testing For COVID-19 Is Here!

Posted on November 4, 2021 | Categories: Employment

Today, November 4, 2021, the Occupational Safety and Health Administration (OSHA) released its highly anticipated Emergency Temporary Standard (ETS) requiring all businesses with at least 100 employees company-wide to mandate that their in-office employees get vaccinated against COVID-19 or wear a mask and test for COVID-19 on at least a weekly basis.  

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