Perspectives on Labor, Employment & OSHA

The California Supreme Court has held that the standard for assessing whistleblower retaliation claims under  California Labor Code section 1102.5 is not the McDonnell Douglas test, but the more plaintiff-friendly standard articulated in Labor Code section 1102.6. 

Download Our Summary of the Most Important Cases.

It’s that time of year again when employers have to decide who they are sponsoring for an H-1B visa.

With nearly 150 similar class action lawsuits pending nationwide, the ruling is a win for the ERISA plaintiff’s bar, potentially supporting their expansive view of plan fiduciaries’ duty to monitor investments.

Section 10(j) of the National Labor Relations Act authorizes the NLRB to seek temporary federal court injunctions to stop employers and unions from engaging in unfair labor practices while a case is being litigated before the Agency.

Five years ago, USCIS routinely took three months to issue employment authorization documents (EADs) and advance parole (AP) travel documents.

Two years into the COVID pandemic the only certainty is uncertainty. This monthly webinar series will tackle the legal, cultural, and political changes in the workplace, providing insights to help you navigate the onslaught of information, misinformation, and change in our working world.

A California appellate court has ruled that a wrongful death action filed by an employee and her children arising from the death of the employee’s spouse from COVID-19 after she allegedly contracted the virus at work and infected her husband, was not “derivative” of her infection.

On January 13, the U.S. Supreme Court granted emergency relief to plaintiffs challenging OSHA’s COVID-19 Emergency Temporary Standard (ETS), and issued a stay on enforcement of the rule.

On January 13, 2022, the Supreme Court reinstituted a stay blocking OSHA’s COVID-19 vaccination and testing emergency temporary standard (ETS), which mandated that employers with 100 or more employees require their employees to get vaccinated or undergo weekly testing for COVID-19.

The Massachusetts Supreme Judicial Court has issued a unanimous opinion in Meehan v. Medical Information Technology, Inc., holding that the termination of an at-will employee for exercising the statutory right of rebuttal to information included in their personnel record.

The United States Supreme Court has granted certiorari to address the important question of whether the Federal Arbitration Act (“FAA”) requires the enforcement of an arbitration agreement that would require representative action claims.

In March 2020, the Department of Labor issued a rule billed as a measure designed to increase labor union financial transparency.

In a notice issued yesterday in The Atlanta Opera, Inc. 371 NLRB No. 45 (2021), the National Labor Relations Board (NLRB or Board) invited parties and amici to submit briefs addressing whether the Board should reconsider its standard for determining the independent contractor status of workers.  

Last week, we reported on the District of Columbia’s newly-announced requirement that certain indoor facilities verify that patrons, ages 12 and over, are vaccinated against COVID-19. Here’s some additional information that you should know.

In November, with the pandemic apparently subsiding in DC, Mayor Muriel Bowser eased the City’s indoor mask mandate. On December 20, with COVID-19 cases again on the rise, Mayor Bowser declared a new state of emergency and reinstated the mask requirement.  

The Massachusetts Supreme Judicial Court has issued an opinion in Jinks v. Credico (USA), LLC setting forth the appropriate standard governing joint employer liability under the Massachusetts Wage Act.

On December 17, the U.S. Court of Appeals for the Sixth Circuit dissolved the stay order that prohibited enforcement of the Occupational Safety and Health Administration COVID-19 Emergency Temporary Standard (ETS).

On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit issued an Opinion lifting the stay of OSHA’s emergency temporary standard (ETS) requiring employers with 100 or more employees to implement mandatory COVID-19 vaccine or weekly testing policies for their employees.

On December 6, 2021, New York City Mayor Bill de Blasio announced a new COVID-19 vaccine mandate for all private sector employers that employ more than one employee in New York City.

California law requires commercial cannabis licensees with 20 or more non-supervisory employees to enter into a labor peace agreement; however, the legal requirements of such an agreement are far less than labor unions would suggest.

On December 6, 2021, New York City Mayor Bill De Blasio announced a new COVID-19 vaccine mandate for all private-sector employers who employ one or more employees in New York City.

Shifting standards and deadlines place additional burdens on contractors seeking to remain in compliance.

Last week, the EEOC again updated its COVID-19 technical assistance; this time, to include more information about employer retaliation in pandemic-related employment situations. 

We have reported on OSHA Emergency Temporary Standard (“ETS”), published on November 5th, that mandates that covered employers require their employees to be fully vaccinated against COVID-19 or obtain weekly COVID-19 tests and wear a facemask in the workplace.