Labor unions want to broaden the reach of the COVID-19 Emergency Temporary Standard (ETS) for healthcare settings promulgated by the Occupational Safety and Health Administration (OSHA) on July 10, 2021, and set to expire in December 2021, to manufacturers and other employers. They also want OSHA to make the ETS permanent.
Archives for September 13, 2021
After the Storm: Employers Obligations Following Natural Disasters
Hurricane Ida reportedly was the third most powerful storm on record to hit Louisiana when it landed on August 29, 2021. Indeed, more than 590,000 homes and businesses across the region still were without power as of September 5th, according to news reports. The hurricane’s full economic impact may not be realized for months.
Courtney Malveaux Discusses Anticipated Changes to OSHA’s COVID-19 Rule
Courtney Malveaux discusses the prospective implications of anticipated compliance changes from the Occupational Safety and Health Administration following new messaging from the Biden Administration regarding COVID-19 in “Biden Order of Paid Time Off for Covid-19 Shots Has Precedent,” published by Bloomberg Law.
Gregg Clifton and Laura Ahrens Co-Author “‘Game On’ for College Athlete Compensation Changes at State and Federal Levels”
Gregg Clifton and Laura Ahrens co-author “‘Game On’ for College Athlete Compensation Changes at State and Federal Levels,” published by SC Lawyer Magazine (p. 52).
Kathryn Russo Named Among Long Island’s Top 50 Women in Business
Kathryn Russo is recognized as one of Long Island’s Top 50 Women in Business for her business acumen, mentoring and community involvement in “LIBN Top 50 Women in Business,” published by Long Island Business News.
President Biden Announces COVID-19 Action Plan Including Mandatory Vaccinations or Weekly Testing
On September 9, 2021, President Biden announced a COVID-19 Action Plan comprised of six main components. This Alert will focus on the “Vaccinating the Unvaccinated” component and its impact on employers.
Employers Gain Defense Against Unmanageable PAGA Claims
In a case of first impression, last week, the Second District California Court of Appeal held that judges have inherent authority to limit, and even strike, unmanageable PAGA claims. Wesson v. Staples the Office Superstore, LLC, No. B302988, affirmed the trial court’s decision to strike PAGA claims alleging that Staples misclassified store managers because Staples’ defense could not be fairly litigated through methods common proof. The published portion of Wesson establishes, for the first time, that individual issues in PAGA claims, including employer’s defenses, must be tried fairly and efficiently. The decision offers a glimmer of hope for employers faced with unwieldy and costly PAGA litigation in the Golden State.
Companies have questions for President Biden about vaccine mandates.
A trade group representing some 2,000 consumer brands has sent a letter to President Biden on Monday asking for clarification about his announcement last week that all companies with more than 100 employees will soon need to require vaccination or weekly testing.
When Everyone’s Quitting … Except You
What to do when you’re suddenly the team veteran.
A N.Y. Hospital Will Stop Delivering Babies As Workers Quit Over A Vaccine Mandate
If a conflict at one New York hospital over vaccine mandates for health care workers is any indication, the Biden administration’s new effort to mandate vaccines for millions of workers could be in for an uphill battle.
Former labor secretary Scalia: Biden’s vaccine mandate very ‘vulnerable’ to legal challenge
Eugene Scalia explains the precedent through which this process has been carried out doesn’t work in the Biden administration’s favor
Amazon and Walmart are Winning the Labor Market Wars
Most of the talk this year about the labor market recovery has focused on the hardest-hit industry, leisure and hospitality, and the struggles that restaurant and hotel owners have had trying to staff up.
Vaccine Mandates Are Coming to Offices, but the Honor System Now Rules
Shifting guidance on mask wearing and a lack of disclosure over vaccination status rattle some workers going back to offices
Microsoft return to U.S. offices delayed indefinitely
Microsoft is telling employees Thursday that their return to U.S. offices is delayed indefinitely until it’s safer to come back
Analyzing workers’ compensation liability for COVID-19 infections
In response to the COVID-19 pandemic, state legislatures across the country have acted to more clearly define how workers infected with COVID-19 in the course of their employment would be treated under state workers’ compensation laws.
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