The Occupational Safety and Health Administration (“OSHA”) recently announced a Notice of Proposed Rulemaking that would make it easier for non-employee representatives to participate in worksite inspections.
Continue Reading OSHA’s Walk-Around Proposal Could Open Workplace Inspections to Outsiders
Several prominent business groups filed an amicus brief in the Supreme Court of the United States on July 24 urging the Court to reform its standard on agency deference and highlighting the unpredictability caused by the National Labor Relations Board’s (“NLRB”) current application of the lenient standard.
Continue Reading Business Groups Tap Hunton for Amicus Filing in Supreme Court Agency Deference Case
On May 15, 2023, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19-related technical guidance in response to the Biden administration’s termination of the COVID-19 public health emergency on May 11, 2023. The updated guidance cautions employers about their continuing obligations under the Americans With Disabilities Act (“ADA”), the Rehabilitation Act, and other equal employment opportunity laws.
Continue Reading EEOC Issues Guidance Following Expiration of COVID-19 Public Health Emergency
Virginia joined the list of states limiting employers’ ability to include confidentiality and non-disparagement provisions in employment agreements for matters related to sexual harassment. But the law’s scope seems limited, and does not appear to apply to post-employment severance agreements.
Continue Reading Virginia, Too – Increased Restrictions on Employee Confidentiality Provisions Related to Sexual Harassment Claims
The Occupational Safety and Health Administration is finally poised to implement a permanent COVID-19 safety standard for healthcare employers, nearly three years after the pandemic first began in the United States.
Continue Reading Better Late Than Never – OSHA Is Finalizing COVID Rules Nearly Three Years into the Pandemic
California COVID-19 safety rules are here to stay.
The California Occupational Safety and Health Standards Board voted on December 15 to enact a new COVID-19 prevention regulation that imposes a number of familiar workplace safety requirements on California employers. The regulations will become effective in mid-January 2023 after a 30-day review period and remain in effect for at least two years.
Continue Reading New Regulation Extends CalOSHA COVID Enforcement into 2025 and Beyond
Dozens of business groups submitted comments on December 7 to oppose the National Labor Relations Board’s proposed joint employer rule, arguing it would interfere with business-to-business contracting and needlessly entangle companies in collective bargaining negotiations related to employees they do not control.
Continue Reading Business Groups Oppose NLRB’s Proposed Far-Reaching Joint Employer Rule
The Centers for Disease Control (“CDC”) announced major changes to its COVID-19 guidance on August 13, providing additional flexibility for employers seeking a return to normal operations after the pandemic.
Continue Reading Closer to Normal? CDC Guidance Revisions Provide Employers More Flexibility
On June 8, 2022, the California Department of Public Health (CDPH) issued an Order with definitions for “close contact” and “infectious period” that conflict and abrogate the definitions for these terms within the California Division of Occupational Safety and Health’s (Cal/OSHA) current COVID-19 Emergency Temporary Standards (ETS). Employers must comply with the new CDPH definitions, even where they differ from the text of the California ETS or federal Centers for Disease Control guidance.
Continue Reading New “Close Contact” and “Infectious Period” Definitions Modify Compliance with Cal/OSHA’s COVID-19 ETS
Employers across numerous industries may soon face additional recordkeeping and reporting obligations based on a new rule proposed by the Occupational Safety and Health Administration.
Continue Reading OSHA Proposes More Changes to Recordkeeping Rules