Labor & Employment Law Blog

Up-to-date Information on Labor & Employment Law

Latest from Labor & Employment Law Blog

POSTED IN NATIONAL LABOR RELATIONS ACT, NATIONAL LABOR RELATIONS BOARD, NLRB

On July 13, 2022 the National Labor Relations Board (“NLRB” or the “Board”) announced that by May 25th, 2022 the number of union representation petitions filed with the Board surpassed the total number of petitions filed in all of Fiscal Year 2021. Representation petitions

San Francisco employers will soon be required to comply with an additional Ordinance providing San Francisco-based employees with paid leave during future public health emergencies. In the June 7, 2022 election, San Francisco voters passed Proposition G. It requires employers with 100 or more employees worldwide to provide up to 80 hours of paid public health emergency

On July 13, 2022, San Francisco’s amended Family Friendly Workplace Ordinance (FFWO) goes into effect.  All employers who conduct business and have employees working in the City and County of San Francisco or employees who telework, will need to comply with the FFWO.  It gives employees the right to request “flexible or predictable work arrangements”

On April 21, 2022, the California Division of Occupational Safety and Health (“Cal/OSHA”) Standards Board adopted the fourth iteration of its COVID-19 Emergency Temporary Standards (“ETS”). Sheppard Mullin previously wrote about the proposed revisions to the current ETS here, which were adopted without substantive changes. The revised ETS will become effective once approved by

At its upcoming April 21, 2022 meeting, the California Division of Occupational Safety and Health (“Cal/OSHA”) Standards Board will decide whether to readopt the fourth iteration of its COVID-19 Emergency Temporary Standards (“ETS”), which first went into effect on November 30, 2020.  The ETS apply to all employees not covered by Cal/OSHA’s Aerosol Transmissible Disease

We previously described the “framework” for an agreement to reinstate California’s Supplemental Paid Sick Leave.  Governor Newsom signed Senate Bill (“SB”) 114 into law on February 9, 2022.  The specifics of the bill are summarized below.
California’s New COVID-19 Supplemental Paid Sick Leave Law
In 2021, California enacted Senate Bill (“SB”) 95, which provided COVID-19

On January 25, 2022, Governor Gavin Newson announced a “framework” for an agreement to reactivate California’s COVID-19 Supplemental Paid Sick Leave (“COVID PSL”) law for the period from January 1, 2022 to September 30, 2022.  California employers should assume this agreement will become law in some form and prepare accordingly to re-institute supplemental paid sick

On January 25, 2022, the federal Occupational Safety and Health Administration (“OSHA”) announced its withdrawal of the COVID-19 Emergency Temporary Standard (“ETS”) requiring vaccination or weekly testing.  This action came shortly after the United States Supreme Court stayed the immediate implementation and enforcement of the ETS.  You can read our prior article about the Supreme

UPDATE: this law became effective on December 24, 2021, retroactive to November 2, 2021.
As previously discussed in our December 10, 2021 article, the New York City Council passed a bill requiring New York City employers to provide employees who are parents or legal guardians of a child with four hours of paid COVID-19

Illinois recently passed legislation amending the Freedom to Work Act (the “Act”), following a growing trend of states imposing greater restrictions on employers’ use and enforcement of non-competition and non-solicitation covenants.
On January 1, 2022, SB 672 took effect, clarifying ambiguities in the original Act and levying additional requirements on Illinois employers who seek to

On Friday, January 21, 2022, Judge Jeffrey V. Brown of the Southern District of Texas issued a nation-wide injunction, blocking enforcement of President Biden’s Executive Order 14043. Executive Order 14043 requires vaccination for COVID-19 for all federal workers without qualifying medical or religious exemptions. The mandate, issued in September, was one of the first and

On January 13, 2022, the United States Supreme Court upheld the Centers for Medicare & Medicaid Services (“CMS”) Interim Final Rule (the “Rule”) in a 5-4 decision, staying the preliminary injunctions issued for 24 states by the District Courts for the Eastern District of Missouri and the Western District of Louisiana.  Therefore, the CMS vaccine

On January 13, 2022, the United States Supreme Court granted emergency relief to the petitions of numerous states, businesses, and non-governmental organizations by staying the implementation and enforcement of the federal Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Emergency Temporary Standard (“ETS”).  Under the original ETS, private employers with 100 or more employees were required

For the second time, the standards-setting board for the California Division of Occupational Safety and Health (“Cal/OSHA”) has readopted, with revisions, the agency’s COVID-19 Prevention Emergency Temporary Standards (“ETS”).  The revised ETS become effective on January 14, 2022, and impose new obligations on nearly all employers in the Golden State.

Background on the Cal/OSHA

In our annual California Legislative Update, we briefly explained that SB 606 expanded the enforcement authority of the California Division of Occupational Safety and Health (“Cal/OSHA”) in various ways.  With the new law’s effective date (January 1, 2022) right around the corner, we are providing a more detailed breakdown on the two new categories

On December 22, 2021, the California Department of Public Health (“CDPH”) issued an order requiring workers in health care facilities to receive booster vaccinations to help combat COVID-19. Health care workers must receive the booster vaccine by February 1, 2022.

The order uses the same definition for “Health Care Facilities” as the August 5, 2021