New Legislation and Regulations

As you’ve probably read in the news, a number of legal challenges have been filed against the OSHA COVID-19 vaccination/testing ETS for large employers.  The 5th Circuit issued a stay on enforcement of the ETS on November 6th and then, later on November 12th reaffirmed that stay holding that the challengers of the ETS are likely to succeed on the merits of the case.
Continue Reading Update: No Enforcement of OSHA’s COVID-19 ETS

UPDATE: Fifth Circuit blocks enforcement of the federal OSHA COVID-19 vaccine/testing mandate.
On November 6, 2021, a panel of the fifth circuit issued a stay against the enforcement of OSHA‘s new emergency temporary standards mandating large employers to require vaccination or testing of their workforce. The court found that there are grave statutory and constitutional issues related to the mandatory emergency temporary standards that need to be addressed.


Continue Reading 5th Circuit Temporarily Blocks OSHA’s New COVID-19 Standards Mandating Employers With 100 or More Employees to Require Vaccination or Regular Testing

For what it’s worth, on October 25, 2021, the EEOC updated its guidance “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” and added Section L entitled “Vaccinations – Title VII and Religious Objections to COVID-19 Vaccine Mandates.”  While employers have been waiting for some guidance from the EEOC on this issue given the onslaught of requests for religious exemptions from COVID-19 vaccine mandates, the guidance doesn’t really provide any new guidance addressing the unprecedented pandemic we are all living through.  Instead, the EEOC essentially repeats much of its prior guidance on how to generally address requests for religious accommodations in the workplace.
Continue Reading EEOC Issues Guidance Regarding Religious Accommodations in Connection with Mandatory COVID-19 Vaccination Policies

In 2018, in response to the #MeToo movement, California enacted Senate Bill 820 which added section 1001 to the California Code of Civil Procedure and prohibited employers from including provisions into settlement agreements that prevent the disclosure of factual information relating to claims of sexual assault, sexual harassment, failure to prevent harassment, harassment in a professional relationship, discrimination based on sex, or retaliation that had been made in connection with a civil lawsuit or administrative action.  Senate Bill 820 took effect on January 1, 2019.   Notably, it applied only to claims based on sex and not other forms of harassment or discrimination nor did it apply to settlement or severance agreements signed before an employee filed a lawsuit.
Continue Reading Employers Beware – Confidentiality and Non-Disparagement Provisions Face Further Restrictions

Cal/OSHA has quietly made several updates to the FAQs for its COVID-19 Prevention Emergency Temporary Standards (ETS).  The additions shed additional light on, and in some regards revise previous guidance, relating to Isolation and Quarantine, Vaccines, and Exclusion Pay.
Continue Reading California’s ETS Updates Since Biden’s Vaccine Mandate Announcement