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SCOTUS Blocks OSHA ETS

On January 13, 2022, the Supreme Court of the United States blocked the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) from taking effect for the foreseeable future. The ETS required employers with 100 or more employees to implement a mandatory COVID-19 vaccination or weekly testing policy...
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Happy New… COVID-19 Guidance to Employers Regarding Isolation and Quarantine Periods

If you are looking for a silver lining in the giant Omicron clouds hovering (and surging) over us, we are happy to confirm that the Centers for Disease Control and Prevention ("CDC"), the California Department of Public Health ("CDPH"), and California's Division of Occupational Safety and Health ("Cal/OSHA") are finally...
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OSHA ETS Vaccine Mandate Back In Effect (For Now)

Mere moments after we published our most recent client alert, E.L.F. on a Digital Shelf: Employment Law Facts, a Summary of California’s New 2022 Employment Laws , on December 17, 2021, the Sixth Circuit Court of Appeals lifted the nationwide stay on the Occupational Safety and Health Administration (OSHA...
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E.L.F. on a Digital Shelf: Employment Law Facts, A Summary of California’s New 2022 Employment Laws

In preparation for 2022, California employers have an abundance of new laws with which to comply. Below are the highlights curated by our Employment Law Group.  SB 331: The “ Silenced No More ” Bill, Prohibits Confidentiality of Alleged Unlawful Acts in NDAs and Settlement Agreements SB 331, which takes...
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Have Vaccine ‒ Will Mandate?

The United States Food & Drug Administration (FDA) announced on August 23, 2021, that Pfizer is the first COVID-19 vaccine receiving full FDA approval. This is a procedural moment of clarity for which employers across the country and especially in California have been waiting. For several months prior to...
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John Hancock, Meet the Digital Age

Best Practices When Obtaining Employee E-Signatures on Arbitration Agreements
Traditionally, a signature affixed to a document indicates that the person who “squiggled” on the document understands and agrees to the terms of the document. However, an electronic signature may not be as easy to authenticate. A California Court of Appeal recently held that an electronic signature did not establish...
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Do You Know WHO is Changing Their Mask Guidance?

The World Health Organization (“WHO”) and the Los Angeles County Department of Public Health (“DPH”) have issued new mask guidance in light of the spreading COVID-19 Delta variant, which is more contagious than other strains of the virus.  On June 25, 2021, Dr. Mariangela Simao, WHO assistant director-general for...
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Ready, Set, Re-open!

Cal/OSHA Finally Unmasks Revised COVID-19 Prevention Standards for California Employers
With the re-opening of California businesses on June 15, 2021, Los Angeles County “retired” its safety protocols for most industries.  Unfortunately, while businesses opened their doors to the public, California employers remained confounded regarding their obligations to employees when Cal/OSHA announced it would maintain mask mandates despite contrary guidance...
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LA County Issues New Return-to-Work Orders

A Simple 25-Page Order (Plus 32 Different Appendices) Guiding the Reopening of Businesses
This alert is for employers with office worksites in Los Angeles County. Effective May 6, 2021, the Los Angeles County Department of Public Health has issued its “Blueprint for a Safer Economy,” entitled the “Reopening Safer at Work and in the Community for Control of COVID-19” order. And if you think...
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Cal/OSHA Evolves with COVID-19: CALIFORNIA EMPLOYERS MUST ALSO

From January 1, 2021, until January 1, 2023, Cal/OSHA has been empowered to issue citations more quickly for serious violations related to COVID-19. Employers throughout California are starting to feel the sting of the heightened Cal/OSHA regulations related to COVID-19 through employee class actions and Private Attorney General Actions...
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New COVID-Related Sick Leave Obligations for California Employers

On March 19, 2021, Governor Newsom signed Senate Bill 95 (SB95), which adds sections 248.2 and 248.3 to the California Labor Code, extending and expanding COVID-related sick leave obligations for all California employers of 26 or more employees. The law, known as the 2021 COVID-19 Supplemental Paid Sick Leave Law...
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DFEH Issues Pointed Guidance About Making Vaccines Mandatory for Employees

The California Department of Fair Employment and Housing (“DFEH”) has updated its  COVID-19 guidance (effective 3/4/21, replacing its previous version from 7/24/20). Use Caution If You Are Considering Making Vaccines Mandatory The DFEH now says employers may require employees to receive a Food and Drug Administration (FDA)-approved vaccination. We suspect...
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Accidental Joint-Employment Relationships: Getting More Than You Bargained For

Whatever your business—design, production, talent management—you likely focus on your actual core strengths and subcontract labor through outside vendors for work like security, janitorial maintenance, website design. While one of the key advantages of such outside vendors is keeping your own employment workforce lean and manageable, an unfortunate and...
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Make Sure You’re in Good Form!

California’s Department of Fair Employment and Housing (“DFEH”) has issued some new state forms for employers to provide to employees in 2021.  Please be sure to update any new-hire or other personnel checklists that you might have.* New DFEH Toolkit for California Family Rights Act (“CFRA”) Leave and Pregnancy...
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