Latest from Ogletree Deakins Insights - Page 2

On April 25, 2022, South Carolina Governor Henry McMaster signed into law House Bill 3126, which, among other things, bans state and local governments from imposing COVID-19 vaccine mandates as a condition of employment and provides certain protections for workers subject to private employers’ vaccination requirements. Below are some points relevant to private employers (broadly defined in the law as “all employers other than state and political subdivisions”). Unemployment Benefits If a private employer…
Despite a federal court ruling in April 2022 striking down federal mask mandates, major cities in the United States are keeping them in place amid a new wave of COVID-19 cases raising new considerations for private employers that have implemented workplace mask mandates. On April 18, 2022, U.S. District Judge Kathryn Kimball Mizelle in Florida struck down the U.S. Centers for Disease Control and Prevention’s (CDC) so-called mask mandate for public transportation and airplanes issued…
The California Division of Occupational Safety and Health (Cal/OSHA) recently approved the third readoption of the COVID-19 Emergency Temporary Standards (ETS) to take effect on May 7, 2022. This ETS will be in effect until December 31, 2022, as the final update to the ETS. The changes mark the continued evolution of the regulations, with modifications and adjustments to definitions, testing protocols, disinfection and sanitizing, close contact rules, return-to-work procedures, and outbreak policies. The updated…
NLRB GC Pushes for Card Checks, Limits on Employer Speech. Last week, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo filed a brief in a case asking the Board to make dramatic changes to federal labor law. The most significant potential changes relate to the following issues: Employer speech. As the Buzz recently discussed, the general counsel issued a memorandum to regional directors on employee attendance at mandatory workplace meetings. In last week’s…
On April 21, 2022, by a 6-1 vote, the California Occupational Safety and Health Standards Board voted to adopt the proposed revisions to the current COVID-19 emergency temporary standards (ETS). The only no vote was from a management representative. The Office of Administrative Law is likely to approve the new language for implementation by May 5, 2022. We outlined the ETS’s substantial and main revisions in our previous article, “Cal/OSHA Proposes Changes to
What’s top of mind for today’s employers in a post-pandemic era? According to Ogletree Deakins’ second annual benchmarking survey report, Strategies and Benchmarks for the Workplace: Ogletree’s Survey of Key Decision-Makers, remote work and the tight labor market are at the top of the list. The survey, which had nearly 1,000 responses from in-house counsel and senior HR professionals, showed that the most challenging issue employers are facing is hiring and retention, with 62.4…
On March 29, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it would implement three new actions to reduce lengthy processing times that resulted from COVID-19–related delays. Initiative to Reduce Processing Backlogs USCIS has established new goals for its “cycle times,” an internal metric the agency uses to measure how many months’ worth of pending cases for a particular form are awaiting a decision. In an attempt to reduce processing times by the end…
On November 30, 2020, the California Division of Occupational Safety and Health (Cal/OSHA) adopted the first COVID-19 Emergency Temporary Standards for California. As of April 6, 2022, Cal/OSHA has proposed a third readoption with additional changes and adjustments based on the development of its understanding of COVID-19. The California Occupational Safety and Health Standards Board will discuss and vote on the published proposal at its April 21, 2022, meeting. If the Standards Board…
Though the 2021 EEO-1 landing page labels the opening and closing dates for the 2021 EEO-1 filing cycle as “tentative,” the U.S. Equal Employment Opportunity Commission (EEOC) has notified prior filers that the 2021 filing platform will “officially open” on April 12, 2022, and close on May 17, 2022. This approximate five-week period is significantly shorter than prior filing periods. Meanwhile, during a webinar on March 29, 2022, EEOC representatives disclosed that the EEOC plans…
The Minnesota Legislature, currently in regular session until mid- to late May 2022, has drafted various bills that may impact Minnesota employers and employees. Notably, some of the major bills under consideration (or already enacted) include a hair antidiscrimination bill, a measure extending the COVID-19 presumption of workers’ compensation eligibility for certain healthcare workers, and a proposal to restrict noncompete agreements. The below summary is not meant to be an exhaustive review of current legislation.…