Skip to main content

California End-of-Year Employment Law Wrap Up

It’s that time of year for employers to make their lists and check them twice. While doing so, there are several new employment laws to consider for 2023. The following outlines the major new laws that will affect most employers with California employees. Each of these are effective January 1, 2023 unless otherwise stated herein. […]

CMS Revises Enforcement Guidance—Again

After the publication of our Legal Alert on the Supreme Court decision lifting the stay on the Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (the “Rule”) published by the Centers for Medicare & Medicaid Services (“CMS”), CMS released additional updates to its interpretive guidance that moved the goalposts (again) for certain states.  The new guidance, […]

| 1 min read | Tagged: ,
EW
Former Partner

Supreme Court Confronts OSHA ETS

In a specially scheduled oral argument today, the U.S. Supreme Court heard two issues involving the OSHA Emergency Temporary Standard (“ETS”).  One issue pertained to the merits of the appeal and whether the OSHA ETS was valid and enforceable.  The second issue confronted by the justices was the issuance of temporary stay of the OSHA […]

| 1 min read | Tagged: , ,

Predicting the Future of the Cal/OSHA COVID-19 Emergency Temporary Standard

With the enforcement of the Federal OSHA COVID-19 Emergency Temporary Standard (“ETS”) on hold pending consolidated review by the U.S. Court of Appeals for the Sixth Circuit after multiple legal challenges and a temporary stay by the Fifth Circuit on November 12th, many employers are asking what the future holds for the COVID-19 “Vaccine or […]

| 1 min read | Tagged: ,

Sixth Circuit Wins ETS Lottery and OSHA Suspends ETS-Related Activities

Yesterday, November 16, the U.S. Judicial Panel on Multidistrict Litigation (the “Panel”) held a lottery to select the federal appeals court to address the 34 petitions seeking review of the COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”). Since the ETS was published on November 5, 34 petitions had been filed in 12 different federal appeals courts […]

| 1 min read | Tagged: , , ,

OSHA Ordered to Cease Implementation of Vaccination and Testing ETS Pending Further Court Order

On Monday, November 8, 2021, Snell & Wilmer published a Legal Alert explaining that, on November 6, 2021, the Fifth Circuit Court of Appeals in New Orleans granted a stay and suspended the federal OSHA emergency temporary standards (ETS) requiring employers to mandate COVID-19 vaccinations or requiring employees to submit to regular testing. On Friday, November 12, 2021, […]

| 1 min read | Tagged: ,

COVID-19 Vaccine Requirements for Travel to the U.S. – Are Your Employees Ready?

Effective 12:01 a.m. today, Presidential Proclamation 10294 took effect. That Proclamation rescinds the pandemic geographic travel bans and instead implements certain COVID-19 vaccine requirements for all international air travelers to the U.S. To read more about this development, click here.

| 1 min read | Tagged: , , ,

OSHA’s Vaccination and Testing ETS Suspended

On Friday, November 5, Snell & Wilmer published a Legal Alert and blog regarding the provisions and effective dates of the federal OSHA Vaccination and Testing Emergency Temporary Standard (‘ETS”). We noted that legal actions objecting to the enactment and enforcement of the ETS were filed across many jurisdictions on Thursday, November 4 and Friday, November 5. […]

EEOC Issues Guidance on Religious Objections to COVID-19 Vaccine Mandates

Yesterday, the EEOC issued updated guidance (“Guidance”) regarding employers’ obligations in responding to employees’ religious objections to receiving a COVID-19 vaccination. A full copy of the new Guidance can be found at answers L.1 – L.6, located here.  We will focus on the two questions and answers within the Guidance that address the two primary areas […]

| 1 min read | Tagged: , ,

President Biden Issues New Vaccine Mandate For All Employers With 100 Or More Employees

Frustrated with a lagging rate of vaccinations, the Biden Administration decided to get out the stick since the carrot has not improved the vaccination rates to the levels that it wants to see. The Department of Labor, through the Occupational Safety and Health Administration (OSHA), plans to issue an Emergency Temporary Standard (ETS) within the […]

| 2 min read | Tagged: , ,