Archives: Employment & Labor (U.S.)

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NYC wage transparency law to go into effect in May 2022

As we previously reported, the New York City Council passed legislation in December 2021 requiring New York City employers to include a maximum and minimum salary in all job postings (for new jobs as well as internal promotions and transfer opportunities). Mayor Eric Adams returned the bill unsigned to the city council on January 14, … Continue Reading

Supreme Court blocks federal vaxx-or-test rule for large employers

The highest court in the land has, at long last, weighed in on the permissibility of the federal government’s November 2021 vaccine-or-test rule for large employers. Specifically, on January 13, 2022, the U.S. Supreme Court stayed the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS), which had required that private employers with 100 … Continue Reading

Violations of Colorado’s non-compete statute to become a criminal offense

On March 1, 2022, Colorado Senate Bill 21-271 (SB 21-271) goes into effect. This new law will make the violation of a number of statutes, including Colorado’s non-compete law, C.R.S. § 8-2-113, a criminal offense, specifically a class 2 misdemeanor. See Colorado Senate Bill 21-271, Section 81. In Colorado, covenants not to compete that restrict … Continue Reading

NYC passes landmark wage transparency bill

Even though 2022 is just underway, the NYC employment law landscape is already red hot. In mid-December, the city council passed a first-of-its-kind bill requiring Big Apple employers to include a maximum and minimum salary in all job postings, which includes new jobs as well as internal promotions and transfer opportunities. For employers that are … Continue Reading

FAQs regarding OSHA’s workplace vaccine mandate

OSHA issued its Emergency Temporary Standard (ETS) in early November. A series of challenges quickly ensued, resulting in a stay of the ETS and a consolidation of the cases before the Sixth Circuit. On December 17, 2021, the Sixth Circuit lifted the stay. OSHA has indicated that it will delay enforcement of the ETS deadlines until January 10, … Continue Reading

BREAKING: Federal Appeals Court reinstates OSHA vaccine ETS

On December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay previously placed on OSHA’s so-called “vaccinate or test” Emergency Temporary Standard (ETS). Consequently, covered employers with 100 or more employees will now be required to comply with the ETS under the newly announced deadlines of January 10, 2022 for all non-testing requirements … Continue Reading

OSHA ETS: Sixth Circuit denies initial hearing en banc

As noted in our prior post regarding the Sixth Circuit handling the challenges to the OSHA Emergency Temporary Standard (the ETS), several of the parties targeting the OSHA ETS filed or joined various petitions requesting an initial hearing en banc. On December 15, 2021, the Sixth Circuit denied the various petitions for initial hearing en … Continue Reading

NYC guidance addresses intersection of vaccine policies and workplace laws

In conjunction with New York City’s recent employer vaccine mandate, the New York City Commission on Human Rights (NYCCHR) issued enforcement guidance on the equitable implementation of COVID-19 vaccine requirements for employees, independent contractors, and interns. Non-discriminatory application of vaccine policies In its guidance, the NYCCHR underscored that employers must ensure their policies and practices … Continue Reading

Everything you need to know about NYC’s employer vaccine mandate

As we previously reported, effective December 27, 2021, all private sector employers in New York City will be required to implement a mandatory vaccination policy for their workers. Today, guidance was issued clarifying this new mandate and related employer obligations. We have summarized what you need to know about this guidance below. Clarification on the … Continue Reading

New York issues guidance on its latest mask mandate

As we previously reported, effective today, masks must be worn in New York State in “all indoor public places unless businesses or venues implement a vaccine requirement.” On Friday, December 10, 2021, the State issued guidance on the measure, clarifying the following key points: Definition of indoor public place – An indoor public place is … Continue Reading

BREAKING: New York State reinstates indoor mask mandate

Just a short while ago, New York State Governor Kathy Hochul announced that, effective December 13, 2021, masks will be required to be worn in “all indoor public places unless businesses or venues implement a vaccine requirement.” This means that, for any business that does not have a proof of vaccination requirement in place, all … Continue Reading

Federal contractor vaccine mandate temporarily halted nationwide

On December 7, 2021, a federal court in Georgia issued a nationwide injunction prohibiting the federal government from enforcing Executive Order 14042 – the vaccine mandate for federal contractors and subcontractors. The federal contractor mandate applies to roughly one-quarter of the U.S. workforce and affects companies that do business with the federal government. The States … Continue Reading

BREAKING: NYC to mandate vaccinations for all private-sector workers

Earlier today, New York City Mayor Bill de Blasio announced that, effective December 27, 2021 and as part of an expansion of the city’s “Key to NYC” program, all private-sector employers in the Big Apple will be required to adopt a mandatory COVID-19 vaccination policy for their employees. The expanded program will also include additional … Continue Reading

OSHA COVID-19 rule: Sixth Circuit case status update

On November 16, 2021, the Sixth Circuit was selected via a lottery to hear the consolidated challenges made against the recent OSHA Emergency Temporary Standard (the ETS). As background, on November 5, 2021, OSHA published the ETS that would require most private employers with 100 or more employees to establish either (1) a mandatory vaccination … Continue Reading

Illinois limits conscience-based vaccine objections, while other states allow them

On November 8, 2021, Governor J.B. Pritzker signed into law an amendment to the Illinois Health Care Right of Conscience Act (the Act) that will prevent employees from relying on the Act to avoid employer COVID-19 vaccine or testing mandates. The amendment goes into effect on June 1, 2022. Overview of the Illinois Health Care … Continue Reading

New York becomes latest state to legislate workplace privacy protections

Monitoring employee communications – particularly electronic communications – is standard practice for most U.S. employers. Beginning in May 2022, however, employers in New York state who engage in electronic monitoring of employee communications will be required to make certain disclosures to their workers. Pre-employment written notice for new hires More particularly, on November 8, 2021, … Continue Reading

Real Time Video Chat: The nitty, gritty details of the OSHA ETS (Part 2)

Next up in the series, Reed Smith lawyers continue the discussion regarding the OSHA ETS that requires companies in the U.S. with 100 or more employees to implement either a mandatory vaccination policy or a policy that allows employees to choose between vaccination or COVID-19 testing. Specifically, the chat focuses on the current status of … Continue Reading

Real Time Video Chat: The basics of the OSHA ETS on vaccination and testing requirements (Part 1)

Reed Smith’s Labor & Employment group is proud to announce the launch of our video chat series, Employment Law Watch: Real Time. The series will focus on new developments and hot topics that employers around the world need to know about. Tune in for regular 10 to 15 minute chats led by the firm’s labor … Continue Reading

Complying with OSHA’s ETS? Don’t forget about your duty to bargain, says NLRB

Since its publication on November 5, 2021, employers have been reviewing the Occupational Safety and Health Administration’s (OSHA) 490-page Emergency Temporary Standard (ETS) and taking steps to create and update their employment policies to comply with it. The National Labor Relations Board (NLRB or the Board) has added another item to the to-do lists of … Continue Reading

Employers subject to OSHA ETS must be mindful of OSH Act whistleblower protections

Under the Occupational Safety and Health Act (OSH Act or the Act), employees who raise concerns regarding safety or health in the workplace are protected against retaliation from their employer. With the publication of the Occupational Safety and Health Administration’s (OSHA’s) emergency temporary standard (ETS), employers should be mindful that the Act’s whistleblower protections extend … Continue Reading

New York enacts sweeping expansion of state’s whistleblower law

Although New York has had an employment-related whistleblower statute for decades, many employers may not have been aware of it. That is because the statute itself – N.Y. Labor Law section 740 – has been fairly limited in its scope and application. Indeed, it has only protected employees who disclose employer activity that violates laws … Continue Reading

New York confirms that paid leave for COVID-19 vaccination may be used for booster shots

As we previously reported, earlier this year New York lawmakers passed a law requiring that all Empire State employers provide their employees with up to four hours of paid time off to receive the COVID-19 vaccine. Shortly thereafter, the New York State Department of Labor (NYSDOL) published guidance on the measure, clarifying that: (i) the … Continue Reading

OSHA issues COVID-19 ETS for large private employers

Update – On November 6, 2021 the Fifth Circuit Court of Appeals issued a temporary stay of the ETS. On November 4, 2021, OSHA issued an unpublished version of its long-awaited Emergency Temporary Standard (ETS) as to COVID-19 vaccination or testing requirements covering most private employers with 100 or more employees. The ETS is scheduled … Continue Reading

California expands restrictions on non-disclosure provisions

On October 10, 2021, California Governor Gavin Newsom approved Senate Bill 331 which, effective January 1, 2022, significantly expands restrictions relating to non-disclosure and non-disparagement provisions in many settlement and separation agreements. First, Senate Bill 331 expands the existing prohibitions on non-disclosure and non-disparagement provisions in settlement agreements. Existing law, under section 1001 of the … Continue Reading
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