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

On December 15, 2022, the California Occupational Safety and Health Standards Board adopted the COVID-19 Prevention Non-Emergency Regulation to replace the Emergency Temporary Standards (ETS), which were set to end on December 31, 2022. On February 3, 2023, the Office of Administrative Law (OAL) approved the new COVID-19 prevention regulations, which means that these new regulations are in effect as of February 3, 2023. This approval had been expected for weeks and has finally been…
The Pandemic Is Dead! Long Live the Pandemic! This week, the U.S. House of Representatives passed a resolution to immediately end the COVID-19 national emergency, as well as a bill to end the COVID-19 public health emergency. Of course, these measures won’t go anywhere in the U.S. Senate. Perhaps the bigger story, though, was the White House’s statement in opposition to both measures, noting, “the Administration’s plan is to extend the emergency declarations…
On December 28, 2022, Governor Kathy Hochul signed into law an amendment to Section 2 of the New York Health and Essential Rights Act (NY HERO Act). As we previously reported, among its other provisions, the NY HERO Act requires all private employers with at least ten employees to allow employees to establish joint employer-employee committees authorized to raise workplace health and safety issues and evaluate applicable policies. The amendment, which took effect…
POTUS Re-ups Labor Nominees. This week, President Biden renominated Jessica Looman to serve as administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division and José Javier Rodriguez to serve as assistant secretary of labor and head of the Employment and Training Administration (ETA). Both Looman and Rodriguez were previously nominated in the 117th Congress, but they were obviously not confirmed before the congressional session adjourned. Looman has been serving in an acting…
As we move deeper into the new year, the U.S. government continues to try to resolve the challenges facing the immigration system due to the disruptions of the COVID-19 pandemic and the resulting processing backlogs. These challenges may still continue, but new changes and updates have already taken effect—and more will likely come in 2023, impacting employers and the decisions they make with regard to their foreign national employees. Below are several updates the U.S.…
On January 17, 2023, a New York trial court judge struck down the state’s vaccine mandate for healthcare workers, ruling that the New York State Department of Health (DOH) acted outside its authority and noting that “the COVID-19 shots do not prevent transmission.” The decision by Onondaga County Supreme Court Judge Gerard Neri in Medical Professionals for Informed Consent vs. Bassett, sided with a group of medical professionals who were at risk of losing…
On January 20, 2023, San Francisco Mayor London Breed approved a city ordinance that will require large, private employers to provide differential paid leave for military reservists called up to active duty. The “Military Leave Pay Protection Act” adds Article 33Q to the city Police Code, and will make San Francisco the first jurisdiction in the United States to require that private employers provide differential paid leave to employees who are members of the military…
On January 12, 2023, the U.S. Court of Appeals for the Sixth Circuit upheld most of a district court’s injunction blocking the federal contractor vaccine mandate in Kentucky, Ohio, and Tennessee. In its decision, the unanimous three-judge panel described “[t]he mandate’s scope” as “stunning,” noting that it effectively applied to “tens of millions of Americans.” The Sixth Circuit held that federal procurement law did not authorize President Joe Biden’s September 2021 Executive Order (E.O.) 14042
U.S. House of Representatives Gets to Work. Hours after the Buzz published on January 6, 2023, Representative Kevin McCarthy (R-CA) was elected Speaker of the House on the fifteenth round of voting. With that, members were sworn in and the House got to work this week. The House acted quickly this week by passing the Family and Small Business Taxpayer Protection Act (H.R. 23) by a vote of 221–210. The bill now heads to the…
In a decision instructive to employers facing sudden, emergency conditions requiring immediate response, a divided National Labor Relations Board (NLRB) in Metro Man IV, LLC d/b/a Fountain Bleu Health and Rehabilitation Center, Inc., 372 NLRB No. 37 (December 28, 2022), expanded an employer’s obligation to bargain with a union in the aftermath of exigent circumstances. The Board majority determined that an employer must bargain over both the decision and its effects once the emergency…