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OSHA Announces COVID-19 Emergency Temporary Standards for the Healthcare...
The Occupational Safety and Health Administration (OSHA) has announced that it will release Emergency Temporary Standards (ETS) for the health care industry as early as June 10, 2021. The ETS will...
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Texas Court Affirms Employers’ Freedom to Require COVID-19 Vaccine for Employees
COVID-19 has presented no shortage of legal questions for employers, from shutdowns and layoffs to when and how to reopen. And with COVID-19 vaccines now broadly available in the United States, some...
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The Devil Is In the Details: Department of Labor Publishes Tipped Employee...
The U.S. Department of Labor (DOL) published its Notice of Proposed Rule Making (NPRM) regarding tipped employees. Rejecting the Trump administration’s proposed rules governing tip-credit employees...
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Will the Supreme Court’s Decision Overturning California Union Access...
In a significant victory for California agricultural employers, the Supreme Court recently held that California’s regulation requiring agricultural companies to permit union organizers on their...
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Colorado Supreme Court Resolves ‘Use-It-or-Lose-It’ Conundrum in Decision...
On June 14, 2021, the Colorado Supreme Court issued its highly anticipated decision in Nieto v. Clark’s Market, ruling that employers must pay out an employee’s earned but unused vacation pay upon...
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Update on the NY HERO Act: What the NY COVID-19 Worker Protection Law Means...
On May 5, 2021, Governor Cuomo signed the New York Health and Essential Rights Act (NY HERO Act) into law. As discussed in an earlier BakerHostetler post, this law mandates extensive new workplace...
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Pennsylvania Employers Beware: The State’s Highest Court Expands the Bounds...
In a 5-2 decision, the Pennsylvania Supreme Court held that employers in the state must now pay employees for time spent on their premises when waiting for – and undergoing – required security...
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New NYC Law Requires Two-Step Background Checks and Expands List of...
The New York City Fair Chance Act (FCA) amendments expand protections for individuals with a criminal record and impose new obligations on employers that conduct background checks. The changes take...
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Welcome to Turkmenistan: Joint Employment Rules Rescinded, Leaving Massive...
No visit to Turkmenistan would be complete without a visit to the Darvaza Crater, more commonly known as the Door to Hell. This massive crater formed decades ago after a Soviet drilling rig collapsed....
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A Brave, New World? Recent NLRB Rulings Concerning Mail Ballot Elections May...
Since the onset of the COVID-19 pandemic in March 2020, unions and employers alike have had to adjust to a “new normal” of mail ballot NLRB elections. Under normal circumstances, the NLRB’s preferred...
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Caution Signs Ahead: New NLRB General Counsel Memo Offers a Surprising (and...
New National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo appears ready and willing to help deliver on President Joe Biden’s promise to be “the most pro-union president [we’ve] ever...
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COVID-19 Designated as a Highly Contagious Communicable Disease Under NY HERO...
As we previously discussed in May and July, the New York Health and Essential Rights Act (NY HERO Act), signed into law by then-Gov. Andrew Cuomo, required employers to take numerous health and safety...
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BREAKING: OSHA’s Vaccine Mandate and Unionized Employer Bargaining Obligations
President Biden has just announced that he is tasking OSHA with implementing a new emergency rule mandating that employers with at least 100 employees either require their workforce to be vaccinated or...
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The President’s Vaccine Executive Order – A Prelude of Things to Come for...
With much fanfare, on Sept. 9, 2021, President Joe Biden announced, among other wide-ranging proposed requirements for employers generally, a COVID-19 vaccine mandate for federal employees and certain...
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Sharply Divided En Banc 5th Circuit Opines on Salary Basis Requirement for...
In a 12-6 split decision, the en banc 5th Circuit Thursday evening released its ruling in Hewitt v. Helix Energy Solutions Group, Inc., Case No. 19-20023, addressing the issue of when an employee paid...
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12 Quick Takeaways from the Safer Federal Workforce Task Force’s Vaccine...
On Friday, Sept. 24, 2021, the Safer Federal Workforce Task Force published its new guidance pursuant to the president’s recent executive order directing that all federal contractors’ employees be...
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The Department of Labor’s Latest Final Rule Publication Regulates Managers...
“Drip, drip, drip” is the best description of the Biden administration’s staggered attack on the 2020 Tip Final Rule through delays, withdrawals, amendments and notice of proposed rulemaking (NPRM)....
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Department Of Labor Publishes Tipped Employee Final Rule
On Friday, the U.S. Department of Labor (DOL) published its Final Rule governing tipped employees. The DOL kept the sweeping changes to the regulation of employees paid using a tip credit wage, which...
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New York Issues Employer Guidance Regarding Recreational Use of Cannabis
Following the legalization of recreational cannabis in New York by the Marijuana Regulation and Taxation Act (MRTA) earlier this year, which we previously reported on, the New York State Department of...
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UPDATE: Federal Contractor Vaccine Mandate in Flux
The federal contractor vaccine mandate (Executive Order 14042), which we first reported on in September both here and here, apparently will be delayed. Facing industry resistance, multiple lawsuits,...
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