As more employees return to the workplace after the Labor Day holiday, employers should be aware of the U.S. Equal Opportunity Commission’s updated COVID-19 Guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and other EEO Laws.” The updated guidance follows its Vaccination Policy Update and primarily addresses workplace safety questions,…

On September 15, 2022, the California Occupational Safety and Health Standards Board (“Board”) will hold a public hearing to address its draft proposed COVID-19 Permanent Standard (“Permanent Standard”).[1] At the hearing, the Board will hear comments from the public in favor of adopting, amending, or repealing the Permanent Standard. The good news for employers…

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…