Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

On May 6, 2022, the State of California Office of Administrative Law (OAL) adopted the third revision of the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 emergency temporary standards (ETS), which is effective through December 31, 2022. On June 16, 2022, the Cal/OSHA Standards Board released its COVID-19 draft regulation, which is scheduled to take effect on January 1, 2023. The pending regulation generally would apply upon approval by OAL for two years…
NLRB GC Provides Update on Recent Remedies. Remember back in September 2021 when the Buzz reported on National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo’s memorandum instructing regional directors to “request from the Board the full panoply of remedies available” in unfair labor practice cases? Well, late last week, General Counsel Abruzzo issued an update on the matter, writing in a memo that “[r]egions have done an excellent job implementing the settlement…
In the first ruling from a federal appellate court examining COVID-19–related layoffs and the Worker Adjustment and Retraining Notification (WARN) Act, the Fifth Circuit Court of Appeals held in Easom v. US Well Services, Inc., No. 21-20202 (June 15, 2022), that a mass layoff resulting in part from the economic impact of COVID-19 did not qualify for the “natural disaster” exemption to the WARN Act’s sixty-day notice requirement for mass layoffs. The court also…
On June 20, 2022, the California Department of Public Health (CDPH) issued COVID-19 guidance, titled “Isolation and Quarantine Q&A,” that offers insight into the recent change to the definition of “close contact.” On June 8, 2022, the CDPH issued a revised order with new definitions of “close contact” and “infectious period.” Because the June 8 order was an “order of the CDPH,” these revised definitions were immediately incorporated into the California Division of…
Biden Administration Releases Regulatory Plans. Maybe someone in the White House just read the Buzz’s Summer Forecast, because on June 21, 2022, the Biden administration released its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. As the Buzz has discussed previously, the Unified Agenda provides stakeholders with notice of a presidential administration’s forthcoming regulatory plans. Set forth below is a preview of the significant labor and employment actions that the Biden administration is…
Remote work has exploded since the COVID-19 pandemic began, with some employers hiring employees to work remotely anywhere in the United States. With the recent economic downturn, layoffs are beginning to occur, and for the first time a significant number of remote employees may be included in layoffs. Layoffs of remote employees present unique legal hazards for employers. Final Paycheck and Access to Personnel Files Generally, remote employees are subject to the wage and hour…
In this podcast, James Paul and Michael Eckard discuss recent developments with regard to religious accommodations in the workplace, and how employees use these accommodations as both swords and shields in the workplace. Our speakers discuss recent litigation regarding religious accommodation requests—both those related to COVID-19 and those that are unrelated to the pandemic. James and Michael also delve deep into the recent disparate treatment Third Circuit Court of Appeals case (brought by an employee…
On June 14, 2022, the Government of Canada announced that it would suspend vaccination requirements for domestic travelers, certain federally regulated workers, and federal public service employees, effective June 20, 2022. In support of this measure, the government has cited the successful vaccination campaign and low COVID-19 case counts. Below is a brief overview of the key changes effective as of June 20, 2022. Air, Rail, and Marine Transportation Sectors Employers operating in federally regulated…
Currently, the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards (ETS) requires employers to review and use current California Department of Public Health (CDPH) guidance for persons who had close contact to an individual with COVID-19, including any guidance regarding quarantine or other measures after a close contact to reduce COVID-19 transmission. On June 8, 2022, the CDPH issued a revised order with new definitions. These revised definitions are therefore immediately…
The U.S. Centers for Disease Control and Prevention (CDC) recently announced that as of June 12, 2022, international airline passengers (regardless of citizenship or vaccination status) are no longer required to provide proof of a negative viral COVID-19 test result or documentation of recovery from COVID-19 before boarding a flight to the United States. The CDC will continue to evaluate the latest science and the state of the pandemic and will reassess the need for…