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Beth is a Shareholder and Chair of the Firm’s Labor and Employment Group. She is admitted to practice law in California and Washington. She has years of experience assisting employers in all aspects of their employment relationship with their employees. Her practice focuses on counseling and training employers, HR professionals, and managers.

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

The Standards Board Approved the Updated Cal/OSHA Covid-19 Requirements and Governor Newsom Issued an Executive Order Making Them Effective

Note: This post was updated on June 18, 2021.

On June 17, 2021, the Cal/OSHA Standards Board voted 5-1 to approve the revised Covid-19 Emergency Temporary Standards (“ETS”) and, as promised, Governor Newsom promptly issued Executive Order No. N-09-21 holding that the new ETS shall not be subject to the regular 10-day approval process by the Office of Administrative Law (OAL) for emergency regulations.  Instead, the new ETS became effective when the OAL filed them with the California Secretary of State on June 18, 2021. As a result, face coverings/masking and other social distancing requirements shall be consistent between Cal/OSHA rules and public health guidelines from the CDC and California Department of Public Health.
Continue Reading Cal/OSHA Update: THE VOTES ARE IN AND IT’S OFFICIAL!

Cal/OSHA Has Come Full Circle to Align with CDC & CA Public Health Department

Continuing the yo-yo of back and forth revisions to the COVID-19 Emergency Temporary Standards (“ETS”), on June 11, 2021 Cal/OSHA submitted yet another draft of its proposed ETS to the Cal/OSHA Standards Board for review and approval.  While the draft contains a number of small changes to the earlier draft, the main revision deals with when masks – or face coverings – are required to be worn in the workplace.
Continue Reading Cal/OSHA Update: Masking in the Workplace