Seyfarth Shaw LLP

With more than 900 lawyers across 16 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide.

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Seyfarth Synopsis: Following a rollercoaster ride that lasted for weeks, and culminated in another 4.5 hour long marathon meeting, on June 17, 2021, Cal/OSHA finally approved a revised version of its Emergency Temporary Standard (“ETS”). While the revised ETS aligns closer to guidance issued by the Center for Disease Control and Prevention (“CDC”) and California Department of Public Health (“CDPH”) with regards to face coverings, it still includes many controversial provisions relating to documenting employee’s vaccination status, providing approved respirators upon request for voluntary use, testing, and exclusion pay, amongst others. Overview As we have previously written about at length
Seyfarth Synopsis: While the Buggles took creative liberties when they claimed that Video Killed The Radio Star, the House of Origin deadline axed a number of employment-related bills. California legislators began this legislative session at the apex of the pandemic, introducing a flurry of COVID-19-related bills, many of which failed to survive the June 4, 2021 deadline to pass out of the bill’s House of Origin. Most remaining bills will increase employer obligations if enacted, while many employer-friendly proposals fell by the wayside. Friday, June 4, marked the first major deadline of the 2021 legislative year—for bills to pass…
Seyfarth Synopsis: Following its June 3, 2021 meeting, when the Cal/OSHA Standards Board voted to approve Cal/OSHA’s controversial revisions to the COVID-19 Emergency Temporary Standard (ETS), the Board convened an emergency meeting on June 9, 2021, where it voted unanimously to pull back the revisions. On June 11, 2021, the Board released a proposed do-over —the third attempt at an ETS—to align with recent CDPH and CDC guidance, particularly as it relates to vaccinated individuals. You Make Choices And You Don’t Look Back—Unless You’re Cal/OSHA As we have previously recounted, the journey of the Cal/OSHA ETS has taken on…
Seyfarth Synopsis: Less than a week after the Cal/OSHA Standards Board voted to approve Cal/OSHA’s controversial revisions to the COVID-19 Emergency Temporary Standard (ETS), it convened an emergency meeting on June 9, 2021, after which it voted unanimously to pull back the revision. The Board will now send the ETS back for another do-over, to align a new revision with the CDPH and CDC guidance, particularly as it relates to vaccinated individuals. Background The story of the Cal/OSHA ETS becomes more convoluted by the day. Those of you following from home will recall that one week ago, on June 3,
Seyfarth Synopsis: On June 3, 2021, the California Occupational Safety & Health Standards Board (OSHSB) voted late in the evening to approve Cal/OSHA’s proposed revised Emergency Temporary Standard (ETS). The revised ETS fails to align with the relaxed measures recommended by the CDC and the Governor’s plans to end virtually all mask and social distancing requirements for vaccinated individuals on June 15, 2021. Background As we previously blogged, last month Cal/OSHA published proposed revisions to its ETS. In a nutshell, the proposed revisions relaxed some of the more burdensome aspects of the ETS in light of the improving state…
Seyfarth Synopsis: The California Occupational Safety & Health Standards Board (OSHSB) was supposed to consider changes to the COVID-19 Emergency Temporary Standard (ETS) on May 20, 2021. But after the CDC published a May 13, 2021 guidance saying that fully vaccinated individuals could resume pre-pandemic activities with masks, Cal/OSHA asked the OSHSB to delay its consideration of the proposed ETS revisions until Cal/OSHA could “revisit the proposed COVID-19 prevention emergency regulation in light of this new guidance.” Cal/OSHA has now published its new draft regulations, which appear to be more strict than the prior proposal. The OSHSB will consider…
Seyfarth Synopsis: Santa Clara recently issued an order that requires employers to ascertain and document their workers’ vaccination status by June 1, 2021. This directive has left businesses confused and concerned, with little time to comply. Below is an overview of what employers must do, by when they must do it, and the penalty for noncompliance. On May 18, 2021, Santa Clara County moved into California’s coveted yellow tier, allowing more businesses to open and others to increase capacity. That same day, the County issued an update to its COVID-19 Health Order. One portion of the order caught the eyes…
Seyfarth Synopsis: On May 21, 2021, California health officials confirmed that the State’s highly anticipated June 15 reopening date is a go. With this announcement comes the long-awaited release of details about exactly what restrictions are poised to be lifted—which looks to be just about everything, at least on a State level. (Local restrictions may yet apply.) Ditching the Blueprint And Aligning with the CDC The past few weeks have seen most states lift many remaining COVID-19 restrictions. Meanwhile, California residents awaited the moment when the State would provide details regarding its anticipated June 15 economic reopening. That moment…
Seyfarth Synopsis: Proposed California legislation, SB 62, would hold certain garment retailers known as “brand guarantors” (i.e. those that license their brand or name for manufacturing) responsible for labor violations occurring down the supply chain. We discuss the proposed bill’s provisions below, and its implications for companies operating in this area. “Abe Lincoln wanted to abolish slavery, right? Well, who do you think made the silk stockings and powdered wigs worn by our early leaders? Mugatu!” (Derek Zoolander and J.P. Prewitt in Zoolander) The early 2000s spawned various sardonic comedic narratives focused on specific industries. So it was with…
Seyfarth Synopsis: On May 20, 2021, the California Occupational Safety & Health Standards Board (OSHSB) will consider changes to the COVID-19 Emergency Temporary Standard (ETS) Rules, and it just posted the changes it will consider. These potential changes are broad-ranging and affect employers’ requirements related to masking, social distancing, testing, exclusion, and more, especially with respect to vaccinated and unvaccinated employees. Background Last November, Cal/OSHA’s ETS went into effect. Now, amidst significant improvements to the state of the COVID-19 pandemic and increased scientific knowledge, the risk-benefit aspect of the current ETS has made compliance particularly burdensome and at times…