Labor &amp; Employment Law Legal Research &amp; News

Timothy Stanton & Jessica E. Kuester

Many employers are moving ahead with efforts to comply with the OSHA ETS and those efforts are raising a range of employee benefits questions. Although the fate of the Occupational Safety and Health Administration's (OSHA) rules remains in limbo , ma...

EXPERT INSIGHTS—Low wage and employee classification limits on non-compete agreements

Guy Brenner & Steven Hurd, Steven J. Pearlman & Daryl Leon

Employers operating in multiple states across the country face a patchwork of regulations. Over the past few years, states across the country have sought to limit or reduce the use of employee non-compete agreements. While some states have imposed ou...

EXPERT INSIGHTS—New York employers soon required to enroll employees in retirement savings plan

By Melissa (Osipoff) Camire and Justin Reiter of Fisher Phillips Last month, Governor Kathy Hochul signed into law an amendment requiring certain private employers to automatically enroll employees in the New York State Secure Choice Savings Program....

DISCRIMINATION—RACE—E.D. Pa.: Allegedly assaulted, subjected to slurs, and fired, varsity coach advances bias and retaliation claims

The Black wrestling coach alleged, among other things, that after an athlete’s family member choked him, threatened to break his knees, and called him the n-word, the school district’s first response was to attempt to fire him. After being threatened...

DISCRIMINATION—SEXUAL HARASSMENT—E.D. Pa.: Tavern cook’s suit for sexual harassment and retaliatory discharge heads to jury

She introduced evidence of recurring unwanted sexual advances and evidence that shortly after complaining, she was fired. A former tavern employee sued her employer, claiming sexual harassment and retaliation, based on allegations that the owner/chef...

Ursula Furi-Perry, J.D.

INDIVIDUAL RIGHTS—8th Cir.: Deputies fired for supporting newly elected sheriff’s rival fail to revive Section 1983 claims

The sheriff did not violate the former deputy sheriffs’ First Amendment rights because under Missouri law, political loyalty was an appropriate requirement for their job. A new county sheriff did not violate the First Amendment rights of several depu...

Marjorie Johnson, J.D.

INDIVIDUAL RIGHTS—S.D.N.Y.: Court refuses to enjoin enforcement of COVID-19 vaccine mandate for New York City school employees

Processes for exemptions, accommodations, leave without pay, and separation had been reached through collective bargaining process. Employees of the New York City Department of Education failed to establish a “substantial” or “clear” likelihood of su...

Robert Margolis, J.D.

LABOR—NLRB WEEKLY SUMMARY—Weekly summary of NLRB decisions

The Summary of NLRB decisions for the week of November 15 - 19, 2021 is now available on the NLRB’s website. The summary can be accessed by clicking this link . Cases: AgencyNews Labor NLRBWeeklySummary

LABOR—UNFAIR LABOR PRACTICES—5th Cir.: Board properly awarded backpay to fired tour guide but speculative damages reversed

The appeals court affirmed the Board’s backpay order except that portion of the order awarding backpay for the period of October 2014 to 2018. After a tour guide was fired for attempting to unionize his coworkers, the NLRB properly concluded that the...

PROCEDURE—N.D. Okla.: Challenge to healthcare employer vaccine mandate remanded to state court

Gregory Kane, J.D., M.B.A.

An ongoing case challenging the CMS interim final rule requiring COVID-19 vaccinations was remanded from federal to state court. After a physician was successful in obtaining a temporary restraining order in state court against his employer for takin...

REMEDIES, DAMAGES—S.D. Tex.: No injunction in vaccine mandate for federal employees

Donielle Tigay Stutland, J.D.

A federal court denied an injunction related to the federal employee vaccine mandate, finding that 10 out of 11 plaintiffs did not have a ripe case because they had requested exemptions from their respective employers, and the one employee who may su...

WHISTLEBLOWERS—2d Cir.: Dismissal of most FCA claims asserted by defense contractor employee affirmed but claims premised on labor billing allegations revived

The defense contractor entered into a billion-dollar contract with the U.S. government to provide maintenance and support services to the U.S. Army in Afghanistan. Although the Second Circuit affirmed the dismissal of most of an employee’s FCA claims...

Kathleen Kapusta, J.D.

DOJ NEWS—Company sentenced to three years’ probation, $240K fine for H-2B visa fraud

From 2013 through 2018, the company routinely sought prevailing wage determinations for multiple job descriptions but filed petitions for H-2B visas for only the jobs with the lowest prevailing wage, regardless of actual work duties. On November 23, ...

FEDERAL LEGISLATION—BBA would provide enhanced protections for long-term immigrant residents

The legislation would also recapture unused immigrant visas from 1992 through 2021: about 222,000 unused family-sponsored visas and about 157,000 employment-based visas. On November 19, just before returning to their legislative districts, the House ...

FEDERAL REGULATIONS—Final regulations implement $15 per hour minimum wage for federal contractors

The Department of Labor has issued final regulations implementing President Biden's April 27, 2021 Executive Order boosting the minimum wage for federal contractors to $15 per hour. The Wage and Hour Division of the Department of Labor has finalized ...

IMMIGRATION NEWS—USCIS has conducted third lottery for FY 2022 H-1B cap-subject petitions

The initial selection was conducted in March 2021. On November 19, U.S. Citizenship and Immigration Services, after determining that it needed to select additional registrations to reach the fiscal year (FY) 2022 H-1B numerical allocations, including...

LABOR NEWS—UAW and automakers opt for voluntary vaccination disclosure, mandatory workplace masking

They declined to go as far as OSHA’s currently stayed ETS. On November 22, 2021, United Auto Workers (UAW), Ford, General Motors, and Stellantis—through their COVID-19 Joint Task Force—settled on a policy of voluntary and confidential disclosure of v...

Labor & Employment Law

TOP STORY—1st Cir.: No injunction pending appeal for Mass General Brigham employees denied COVID vaccine exemption requests

November 19, 2021 | By Kathleen Kapusta, J.D.

The employees acknowledged that Mass General Brigham granted religious or medical exemptions to at least 234 employees. Mass General Brigham employees failed to convince the First Circuit to issue an injunction pending appeal of a district court’s de...

TOP STORY—1st Cir.: No injunction pending appeal for Mass General Brigham employees denied COVID vaccine exemption requests

LABOR PULSE—Rethinking Private-Sector Unionism’s Road in 2022

In this month’s Labor Pulse, Jim Castagnera takes a look at private-sector unions, whether they are at an “extinction threshold,” and whether women in leadership roles might change that. This month, Dr. Jim Castagnera considers whether “decimated” pr...

Dr. Jim Castagnera, Esq.

Note to Subscribers

Labor and Employment Law Daily will not publish next week due to the Thanksgiving holiday. However, we will issue breaking news alerts should there be major developments on Monday or Tuesday of significance to our subscribers. We will resume publicat...

EXPERT INSIGHTS—Florida passes legislation banning vaccine mandates: What employers need to know

Megan L. Janes & Alex Castro

The law applies to all private employers in Florida, regardless of size. During a special legislative session, Florida just passed a new law banning private employers from mandating COVID-19 vaccines unless several exemptions are offered to employees...

EXPERT INSIGHTS—Impact of the Fifth Circuit's Swales decision on the FLSA collective action certification process

The federal court in the Northern District of Texas in Dallas recently applied the new Swales certification prescription in Helgason et al v. Perry's Restaurants, Ltd . Employers confronted with Fair Labor Standards Act (FLSA) claims as to their oper...

Lionel Schooler

EXPERT INSIGHTS—New York Department of Labor attempts to prohibit drug testing for cannabis, employment actions against some employees who are impaired at work

Craig B. Simonsen & Adam Young & Robert T. Szyba, Robert S. Whitman

Seyfarth Synopsis : The New York Department of Labor published “Frequently Asked Questions ” which address occupational cannabis issues under the adult-use cannabis and the Marijuana Regulation and Taxation Act (MRTA) . New York State has legalized m...

DISCRIMINATION—AGE—7th Cir.: University athletic directors rejected coaching applicant due to his poor phone interview, not his age

The plaintiff’s poor phone interview led the entire committee to unanimously agree to end his candidacy for the position. A 56-year-old applicant for a head baseball coach position at a university who did not get past the interview stage of the hirin...

Marjorie Johnson, J.D.

DISCRIMINATION—DISABILITY—E.D. La.: Sheriff granted summary judgment against disparate treatment claims of deputy with PTSD

The employee produced no evidence that any doctor or therapist had ever indicated that his arrest was attributable to his PTSD. Although a lieutenant with the sheriff’s office suffered from PTSD stemming from his military service, the sheriff did not...

DISCRIMINATION—RACE—D. Ariz.: Amazon HR employee advances some claims of race and sex bias

She claimed the discrimination began even before she started her job, when she was told she could not be hired as an HR manager because preference was given to internal candidates. Many of the claims of race discrimination, retaliation, and FMLA viol...

DISCRIMINATION—RELIGIOUS—E.D. Wis.: LPN fired for refusing COVID-19 testing advances religious bias claim

She asked for an exemption from the policy requiring regular testing, claiming that her Hebrew Roots religion required her to decline medical intervention in the absence of sickness. An LPN who worked at a skilled nursing facility and was fired after...

EMPLOYEE LEAVE—11th Cir.: Surgeon fired for refusing trauma patients, not in retaliation for FMLA leave

The employee failed to show she was terminated from her position for exercising her FMLA rights and not for violating employer policy. An employee working as a trauma surgeon for a health system lost her claim for wrongful termination against her emp...

George Basharis, J.D.

EMPLOYEE LEAVE—E.D. Ky.—Employee’s temporal proximity argument failed to establish causal link between her FMLA leave and termination

Temporal proximity is measured from the time the employer learns of the employee’s exercise of a protected right, not from the time that the FMLA leave ends. A federal district court in Kentucky granted an employer’s motion for summary judgment, dism...

Robert Margolis, J.D.

LABOR—NLRB WEEKLY SUMMARY—Weekly summary of NLRB decisions

The Summary of NLRB decisions for the week of November 8 - 12, 2021 is now available on the NLRB’s website. The summary can be accessed by clicking this link . Cases: AgencyNews Labor NLRBWeeklySummary

WAGE-HOUR—SETTLEMENTS—S.D.W.Va.: $11.9 million settlement approved in FLSA case brought by pharmaceutical delivery drivers

Proposed settlement of claims, along with attorney’s fees, was fair and reasonable in bona fide suit based on minimum wage and overtime compensation issues. A settlement of minimum wage and overtime compensation claims brought by delivery drivers who...

Ursula Furi-Perry, J.D.

WORTH NOTING—Recent developments involving race and national origin discrimination

A roundup of recent decisions involving race and national origin discrimination claims of interest to the labor and employment law community. 3d Cir.: Work conditions were not “intolerable” enough for resignation. A recently hired HR director resigne...

DOJ NEWS—Donut franchise will pay $3K penalty, back pay to resolve work authorization discrimination claim

The manager unlawfully insisted that a worker’s Social Security card and valid driver’s license were not acceptable documents and that an unexpired permanent resident card was required to begin working. Under a Department of Justice settlement agreem...

FEDERAL LEGISLATION—BE HEARD Act reintroduced to curb sexual harassment in the workplace

The legislation never made it beyond committee assignment in the last Congress. On November 17, 2021, Democrats reintroduced the “Bringing an End to Harassment by Enhancing Accountability and Rejecting Discrimination (BE HEARD) in the Workplace Act o...

FEDERAL LEGISLATION—Build Back Better Act clears House with paid leave and worker protection reinforcements

The “once-in-a-generation package to invest in our nation’s workers, families, and economy” now faces a tough battle in the Senate. After an overnight delay credited to Republicans, the House on the morning of November 19, 2021, passed the Build Back...

OSHA NEWS—Company must pay $24K to driver purportedly fired for refusing to exceed safe driving limits

OSHA found that the employee had worked 19 hours the day before and could not get the required time off before returning to work, making it unsafe to operate a vehicle. Following a whistleblower investigation, OSHA has ordered Crane Masters Inc. to p...

OSHA NEWS—Employers face $700K in penalties for amputations, toxic exposure, repeated fall hazards

One worker lost two fingers by amputation at a Wisconsin foundry, while another worker there was struck by equipment. After two employees at a Wisconsin foundry were injured on the job—one who had two fingers amputated and another who was struck by a...

Jonathan Anderson

WHITE HOUSE NEWS—Biden signs Executive Order ensuring availability of qualified federal service workers

The Order requires that, when a federal service contract transitions to a new contractor, workers under the original contract be offered positions under the new contract before jobs are offered to anyone else. President Biden on November 18, 2021 sig...

Labor & Employment Law

TOP STORY—3d Cir.: District court order denying joint arbitration of dispute involving separate companies upheld on appeal

November 18, 2021 | By Ronald Miller, J.D.

The Third Circuit observed that six Courts of Appeal that have addressed the issue have concluded unanimously that joint arbitration is enforceable under the LMRA. While joint arbitration is available under the LMRA as a general matter, either before...

TOP STORY—3d Cir.: District court order denying joint arbitration of dispute involving separate companies upheld on appeal

STRATEGIC PERSPECTIVES—WK Future Ready Lawyer Survey adds insights to summit talk on in-house, outside counsel relationships in life sciences sector

Panelists discuss trends, tips for deploying legal technology as organizations prepare for a post-pandemic world. At a November 10 session of the third annual dLaw Life Sciences Summit, Ken Crutchfield, Vice President & General Manager of Legal Marke...

Thomas Long, J.D.

EXPERT INSIGHTS—College basketball players group tips-off battle over student-athlete employment status

NLRB General Counsel, Jennifer Abruzzo has taken a predictably aggressive approach in her enforcement powers under the NLRA. A nascent “advocacy” group just opened the first front in the newest battle over the status of collegiate student-athletes un...

Joshua D. Nadreau

EXPERT INSIGHTS—OSHA's Emergency Temporary Standard: a step-by-step guide

Jeffrey Kopp & Brooke C. Bahlinger

As covered employers begin to navigate these uncharted waters, here is a step-by-step guide to help employers comply with the new ETS. As we initially reported on November 4, 2021, OSHA has released its long-awaited Emergency Temporary Standard (ETS)...

EXPERT INSIGHTS—The Tenth Circuit thwarts plaintiffs' attempt to circumvent arbitration agreements, and strengthens alleged joint employers' ability to compel arbitration

Andrew M. McKinley & Kyle D. Winnick

The proliferation of wage and hour class and collective lawsuits has forced an increasing number of staffing agencies to enter into arbitration agreements containing class-and-collective-action waivers with their employees. Seyfarth Synopsis: On Nove...

EXPERT INSIGHTS—Virginia public-sector unionization would increase costs, taxpayer burden

A new state law, which became effective May 1, 2021, reversed a decades-old prohibition on unionization of local government employees. Local governing bodies in Virginia are grappling with how to comply with a state mandate to consider unionization o...

Timothy M. McConville

DISCRIMINATION—AGE—4th Cir.: ADEA federal-sector provision does not encompass disparate impact claims

The appeals court affirmed the dismissal of a Bureau of Prison psychiatrist’s claim that the BOP’s required fitness test disparately impacts those older than 40. Reversing in part a lower court’s dismissal of a 67-year-old federal employee’s Title VI...

Kathleen Kapusta, J.D.

DISCRIMINATION—DISABILITY—S.D. Fla.: Employee who missed work due to Rheumatoid Arthritis gets trial on ADA claim

In arguing that RA is not a disability, the employer relied on case law pre-dating amendments to the ADA. In a lawsuit brought by a former head of provider relations for an HMO, who had been diagnosed with Rheumatoid Arthritis, a federal district cou...

Nicole L. Chaney, J.D.

DISCRIMINATION—SEXUAL HARASSMENT—9th Cir.: Manicurist told to continue pedicure on customer who propositioned him revives hostile environment claim

His supervisor’s response to his report of the explicitly sexual proposition and his statement that he did not want to work with the customer further was to tell him to “just go do it and get it over with.” Although the court below concluded that non...

EMPLOYEE LEAVE—D.N.J.: Panera Bread employee not notified of state-law family leave availability advances claims

A reasonable jury could find her employer’s failure to notify the employee, together with other acts and omissions, constituted unlawful interference with her rights under the New Jersey Family Leave Act. An employee who was not notified of her right...

Nadine E. Roddy, J.D.

EMPLOYEE LEAVE—W.D. Ky.: Electrician fired for absenteeism after taking COVID-19-related leave gets trial on EPSLA claims

He alleged that before and after taking covered COVID-19-related leave, he had not been warned that his other absences, based on his son’s PTSD and his mother’s cancer, were presenting a problem. A trial is ahead for an electrician and his employer, ...

INDIVIDUAL RIGHTS—7th Cir.: Town employee’s criticism of clerk-treasurer wasn’t protected speech, didn’t cause her firing

The employee claimed that she was fired in retaliation for complaining that the elected clerk-treasurer showed favoritism for the wealthy when he reversed her decision to disconnect his crony’s utilities due to non-payment. A town’s former customer-s...

Marjorie Johnson, J.D.

RETALIATION—11th Cir.: Six weeks between employer learning of EEOC charge and employee’s transfer supports causation element of retaliation claim

The court reversed summary judgment on the employee’s retaliation claim, but affirmed dismissal of the discrimination claim. National Security of Alabama, Inc. doing business as DYS Security Services transferred a former security officer approximatel...

Robert Margolis, J.D.

WAGE-HOUR—CLASS ACTIONS—Other litigation developments

A roundup of court actions granting conditional certification of FLSA collective actions of interest to the labor and employment community. Janitorial employees alleged that their employer failed to pay employees for several weeks before it shut down...

WAGE-HOUR—EXEMPTIONS—D.N.H.: Dispatchers and controllers for utility company qualified as exempt administrative employees

The primary duty of both dispatchers and controllers was to monitor physical infrastructure or transmission systems that the employer’s customers operate and maintain, which “directly related” to the general business operations of the employer’s cust...

WAGE-HOUR—M.D. Pa.: Healthcare workers’ no-poach antitrust claim survives hospitals’ motion to dismiss

A no-poach agreement between two hospitals was the basis of an actual injury suffered by healthcare workers because it reduced job ability and wages for the workers. Claims by healthcare workers against two Pennsylvania hospitals survived a motion to...

George Basharis, J.D.

DOJ NEWS—Igloo Products settles INA discrimination claims with $40K in back pay, $21K civil penalty

The company will also make policy revisions, provide INA training, and undertake additional recruitment efforts before seeking H-2B visas. Katy, Texas-based Igloo Products Corp. will make $40,000 in back pay available to eligible discrimination victi...

DOL NEWS—Peterbilt Motor Co. sued for allegedly firing employee for expressing concerns about COVID-19 exposure

The DOL’s lawsuit seeks reinstatement; back wages, interest, compensatory and punitive damages; and personnel record expungement. On November 17, the Department of Labor filed a lawsuit against PACCAR Inc., dba Peterbilt Motor Co., in federal court i...

HOUSE NEWS—Legislation to end forced arbitration of sexual assault and harassment claims advances

Ending forced arbitration of these claims would empower survivors of sexual harassment and assault by restoring their access to the justice system and would increase public accountability, the bill’s sponsors contend. On November 17, 2021, the House ...

LABOR NEWS—John Deere strike ends with ratification of latest tentative agreement

UAW members previously rejected a tentative agreement reached at the end of October. A strike by United Auto Workers (UAW) members at John Deere that began at midnight on October 14, 2021, after the company failed to present an agreement that met uni...

NLRB NEWS—No violation where union filed grievance without employee’s knowledge, disclosing conduct resulting in discharge

Other advice memos found NLRA violations where an employer filed a baseless and retaliatory lawsuit targeting strike and consumer boycott activities, and a quarterly union publication provided inadequate General Motors and Beck notices. On November 1...

Labor & Employment Law

TOP STORY—Sixth Circuit designated to rule on consolidated challenges to OSHA’s vaccinate or test mandate

November 17, 2021 | By Pamela Wolf, J.D.

The Sixth Circuit, randomly selected by lottery, will review the petitions filed in federal appeals courts within 10 days of the issuance of OSHA’s ETS. Twenty-seven lawsuits filed in 12 different federal circuit courts of appeals seeking review of O...

TOP STORY—Sixth Circuit designated to rule on consolidated challenges to OSHA’s vaccinate or test mandate

EXPERT INSIGHTS—IRS releases 2022 inflation adjustments to various tax limitations on employer-provided benefits

Among the tax provisions of importance to employers are those relating to transportation fringe benefits, the foreign earning income exclusion, and qualified adoption assistance benefits. On November 10, 2021, the IRS released Revenue Procedure 2021-...

William Weissman

EXPERT INSIGHTS—Post-Epic Systems challenges to Iskanian are going nowhere

Jonathan Slowik & Dorothy F. Kaslow, Gregory W. Knopp & Donna M. Mezias

If Epic Systems (and a 6-3 conservative majority) seemed to be an invitation to Iskanian 's detractors, it appears they are about to be disappointed. In the landmark case of Iskanian v. CLS Transportation Los Angeles, LLC , 59 Cal. 4th 348 (2014), th...

EXPERT INSIGHTS—Tennessee enacts law restricting enforcement of vaccine mandates

It would appear that the law potentially creates a perverse "don't ask/don't tell" incentive for both employers and employees. On November 10, 2021, Tennessee Governor Bill Lee announced that he would sign legislation that addresses various COVID-19-...

William S. Rutchow

ARBITRATION—Cal. App.: Employer can’t compel arbitration of VP’s bias claims under long term cash bonus plan provision

The employer’s arbitration provision only applies to unpaid benefits under the long-term cash bonus plan, and the use of “arising out of or relating to” does not warrant ignoring the narrow language of the arbitration provision. Affirming a lower cou...

Victoria Moran, J.D.

DISCRIMINATION—AGE—6th Cir.: RIF’d 60-year-old Hewlett-Packard director sees age bias, retaliation claims revived

Once lauded for the highly regarded training program he developed, the director contended that his transfer to a new team led to a “campaign” to get him to retire and then being laid off when that failed. The Sixth Circuit has reversed a lower court’...

DISCRIMINATION—E.D. Pa.: Cancer-stricken nurse fired after 37 years for allegedly falsifying single time sheet gets trial

She presented evidence disputing the purported falsification and also alleged that the decisionmaker told her she was a “medical risk” within days of her termination. A nurse, who worked at a university hospital for 37 years, alleged she was fired wi...

DISCRIMINATION—RACE—N.D. Tex.: Forklift operator who claimed supervisor singled out African-American workers for menial tasks proceeds with HWE claim

He also contended that his termination for an alleged safety violation was race-related, but that claim will not proceed. A warehouse forklift operator who alleged that his new, white supervisor required him and other African-American workers to do m...

LABOR—ARBITRATION—Correctional officer’s multiple and repeated harassment justified termination

The married Vermont corrections officer had been terminated after engaging in multiple sexual relationships with female subordinates and propositioning others. A corrections supervisor’s termination for eight acts of misconduct involving various wome...

LABOR—S.D.N.Y.: Non-union employer failed to prove union engaged in illegal secondary activity

It is not an unfair labor practice for a union to threaten to “enforce a [CBA] by taking a grievance to arbitration or by filing a lawsuit for damages.” After an employer presented its case during a bench trial of its claim that a union unlawfully th...

WAGE-HOUR—D. Md.: Restaurant owner who failed to remit tax withholdings of tipped employees held liable for unpaid wages

The owner admitted failures that precluded him from taking a tip credit, such that FLSA and state law minimum wage requirements were not met. Tipped restaurant employees were entitled to summary judgment on their FLSA claims against the restaurant ow...

Nadine E. Roddy, J.D.

WAGE-HOUR—SETTLEMENTS—E.D. Cal.: Employee fails to show proposed $1.2M wage and hour settlement fair and reasonable

A lack of evidentiary support and explanation for penalty calculations raised concerns about whether interests of absent putative class members were adequately represented and whether the settlement was the product of a well-informed negotiation. A m...

Nicole D. Prysby, J.D.

DOL NEWS—WHD recovers $479K in back wages, damages for FLSA, H-1B visa violations

The infractions resulted from practices such as failing to pay overtime, paying flat rates, failing to pay minimum wage, improper tip sharing, and allowing minors to work more than allowed. The DOL’s Wage and Hour Division has separately announced it...

Jonathan Anderson

EEOC NEWS—COVID-19 Q&As updated with new section on retaliation

The update also supports the EEOC’s participation in an interagency initiative launched the same day in a push to end retaliation against workers who exercise their protected labor and employment law rights. On November 17, 2021, the EEOC again updat...

EEOC NEWS—FY 2021 report shows agency recovered $484M-plus for discrimination victims

The federal antidiscrimination agency has released its annual financial report, detailing its efforts to rebuild in the face of the COVID-19 pandemic and its accomplishments through litigation and investigation. The EEOC has released its Fiscal Year ...

FEDERAL REGULATIONS—Labor Secretary ratifies interim final rule action codifying large employer vaccinate or test mandate

Out of an “abundance of caution,” the Department of Labor is now publishing the ratification of the interim final rule action in the Federal Register . On November 12, 2021, the Secretary of Labor ratified OSHA’s November 5 interim final rule codifyi...

LITIGATION NEWS, TRENDS—Group of 12 states challenges CMS’ COVID-19 vaccine mandate