As California community COVID transmissions decline and Governor Newsom promises to re-open the economy on June 15, 2021, the Cal/OSHA Standards Board hesitates on lifting face mask requirements in the office.
Cal/OSHA Does a 180 on the COVID-19 Emergency Temporary Standards
Last night, Cal/OSHA voted unanimously to throw out and withdraw the COVID-19 Emergency Temporary Standard (“ETS”) it adopted only a week ago, on June 3. Basically, the agency did a 180 in less than seven days. This happened so fast
Ninth Circuit Offers Glimmer of Hope for Employers Against PAGA Suits
The Ninth Circuit in Magadia v. Wal-Mart Associates, Inc., No. 19-16184 (May 28, 2021) (“Magadia”), recently provided what is perhaps the first hopeful road map for employers
CDF Webinar: Everything You Really Need to Know, Right Now, About the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards
On June 3, 2021, Cal/OSHA adopted revised COVID-19 Prevention Emergency Temporary Standards. These highly controversial new standards will likely be effective June 15, 2021.
1.5 hours of CA MCLE, HRCI and SHRM credit pending.
Not All Fun and Games? College Athletes May Soon Drive a Hard Bargain With Union Support
On May 27, 2021, Sens. Bernie Sanders (I-Vt.) and Chris Murphy (D-Conn.) introduced the College Athlete Right to Organize Act seeking to provide collective bargaining rights for college athletes. Specifically, the bill seeks to amend the National Labor Relations Act (NLRA) to define any college athlete as an employee, if they receive any direct compensation (inclusive of scholarships and other forms of financial aid).
Thirteen Things California Employers Need To Know About The New Cal/OSHA COVID-19 Emergency Temporary Standards
Last Friday, Cal-OSHA published its revised, proposed COVID-19 Emergency Temporary Standards (“ETS”). These rules and regulations were promulgated primarily to take into account the impact of vaccinations in our state. They provide incentives for employers with large percentages of fully-vaccinated employees. These new standards are very extensive and have many new requirements for employers.
EEOC’s Updated Guidance Related to Vaccines in the Workplace
By: EEOC’s Updated Guidance Related to Vaccines in the Workplace
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance as it relates to federal equal employment opportunity laws and COVID-19 vaccinations. The EEOC provides this guidance as it applies to the Americans with Disabilities Act
NLRB Inches Closer to a Pro-Union Democratic Majority
By: NLRB Inches Closer to a Pro-Union Democratic Majority
While union activity has been on the decline for years, President Joseph R. Biden vowed during his campaign to be “the most pro union president in history.” President Biden sent a clear message on his first day in office that this
COVID-Emergency Regulations Remain As Is – For Now
Last week, on May 20, the Cal/OSHA Standards Board met to review and vote on proposed revisions to the COVID-19 emergency regulations. However, that vote was delayed due to a letter request by Cal/OSHA – the agency that published the original emergency regulations and the proposed revisions. The delay was implemented in order to respond to updated CDC guidance which would “allow fully vaccinated persons to go without masks in some settings.”
Investigating Racial Bias Complaints in the Age of ‘Cancel Culture’
Partner and Chair of CDF’s Internal Investigations Practice Group, Daphne P. Bishop, recently authored the article Investigating Racial Bias Complaints in the Age of ‘Cancel Culture’ for the Los Angeles and San Francisco Daily Journal on May 18, 2021.
Collecting Employee Vaccination Status Can Create Challenges for Employers
By: Collecting Employee Vaccination Status Can Create Challenges for Employers
While we are turning the corner on the pandemic, California employers still face challenges navigating the complex health and workplace rules pertaining to COVID-19. Compliance issues remain for employers that are now collecting information on the vaccination status of their employees.
Storing
New CDC Mask Guidelines May Create Problems for California’s Employers
New CDC guidance that fully vaccinated persons may stop wearing masks and distancing in most settings is a welcome announcement after over a year of the COVID crisis. However, California employers should note that the new CDC guidance has an exception that largely swallows the guidance because masks and distancing should be maintained “where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.” Until such time as the California Department of Public Health, Cal/OSHA and local authorities update their guidance on mask use and physical distancing in the workplace, California’s employers should continue to enforce existing standards to stave off claims of workplace safety violations.
Defining “Sincerely Held Religious Beliefs” That Might Excuse Mandatory COVID-19 Vaccination?
Whether or not a religious belief is sincerely held by an applicant or employee is rarely at issue in most religious discrimination lawsuits. With both the EEOC and DFEH guidance requiring employers to accommodate an employee who has a sincerely held religious belief that prevents an employee from receiving any of the COVID-19 vaccinations, the issue of what is a “sincerely held religious belief” has become more important in employment law. This is particularly true for those employers that decide to mandate the COVID-19 vaccination as a condition of employment or condition of receiving certain employment benefits.
New CDC Mask Guidelines May Create Problems for California’s Employers
By: New CDC Mask Guidelines May Create Problems for California’s Employers
Today’s new CDC guidance that fully vaccinated persons may stop wearing masks and distancing in most settings is a welcome announcement after over a year of the COVID crisis. However, California employers should note that the new CDC guidance has an
Employer Protected From Employee’s Spouse’s Suit Over COVID Spread
By: Employer Protected From Employee’s Spouse’s Suit Over COVID Spread
By: Employer Protected From Employee’s Spouse’s Suit Over COVID Spread
A recent lawsuit had many employers on edge after an employee’s spouse contracted COVID and sued her husband’s employer claiming that the employer was liable for tort damages because it knew or
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