The Federal Arbitration Act (FAA) only partially preempts California’s bar on mandatory arbitration agreements in employment, the U.S. Court of Appeals for the Ninth Circuit has held, vacating the preliminary injunction that had been in place since early-2020 and enjoining enforcement of the law with respect to arbitration agreements governed by the FAA.
Archives for September 16, 2021
Alison Crane, Kathryn Montgomery Moran and Derek Franklin co-author “Chicago Amends Paid-Sick-Leave Law,” published by SHRM.
Bernard Tisdale discusses the implications of prospective lawsuits from workers challenging workplace requirements for COVID-19 vaccinations and testing in “598 Mecklenburg County Employees Suspended For Not Complying With COVID Testing Policy,” published by WCCB Charlotte.
Patricia Anderson Pryor, Catherine Cano, Courtney Malveaux, Leslie Stout-Tabackman, Katharine Weber, Cressinda (Chris) Schlag and Tara Burke co-author “Viewpoint: Federal Vaccine Plan Adds Hurdles for Employers,” published by SHRM.
Joseph Lazzarotti, Jason Gavejian and Maya Atrakchi co-author “Baltimore Officially Bans Private Use of Facial Recognition Technology,” published by SHRM.
Jackson Lewis is recognized as a Ceiling Smasher for its representation of women in equity partnerships in “These Firms Have The Most Women In Equity Partnerships,” published by Law360.
Adam Hirtz and Nina Sykora co-author “Unions Pressure OSHA to Make Temporary COVID-19 Rule Permanent,” published by SHRM.
Courtney Malveaux discusses the legal implications of employees being permitted to submit to regular testing for COVID-19 instead of getting vaccinated in “Biden’s vaccine mandate: Expert would be ‘surprised’ to see legal challenges prevail,” published by Yahoo Finance.
Catherine Cano authors “Employer’s Failure to State Cost of Confirmatory Drug Test Violates Iowa Law,” published by SHRM.
In the wake of the Biden administration’s announcements last week, including the release of its COVID-19 Action Plan, employers are scrambling to determine what federally-mandated COVID-19 vaccines and/or weekly COVID-19 testing could mean for their workplace.
On Wednesday, a Ninth Circuit panel lifted an injunction that prevented California from enforcing a law that prohibited employers from requiring employees and applicants to arbitrate work-related claims. The case, Chamber of Commerce v. Bonta, will find itself before the U.S. Supreme Court in short order.
President Biden met on Wednesday with top executives from Microsoft, the Walt Disney Company, Kaiser Permanente and other companies that have endorsed vaccine mandates, days after he announced a federal effort to require employees of large companies to be vaccinated against the coronavirus or be tested regularly.
What leaders can do when they spot this bad behavior.
Nature’s benefits are right outside.
Stick to evidence-based recruiting.