On March 14, 2022, the EEOC released a new technical assistance guidance document entitled “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law.”
Essentially, the guidance reiterates that an employer may not discriminate against an applicant or employee under federal law on the basis of protected classes such sex (including pregnancy, sexual orientation, or gender identity), race, color,
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San Francisco Issues Updated Guidance on San Francisco Paid Sick Leave During the Pandemic
The San Francisco Office of Labor Standards Enforcement (OLSE) issued new guidance on February 2, 2022 pertaining to the use of San Francisco Paid Sick Leave during the pandemic. This new guidance supersedes OLSE’s March 24, 2020 guidance.
While the February 2, 2022 guidance shares much of the same language as the March 24, 2020 guidance, San Francisco employers…
Federal OSHA Withdraws COVID-19 Vaccination and Testing Emergency Temporary Standard
Our Blog has been monitoring the ETS that OSHA issued in November 2021 that mandated employers of 100 or more employees to require their employees to obtain COVID-19 vaccinations or undergo regular COVID-19 testing instead. We have kept you informed as this ETS made its way through the courts. First, implementation of the ETS was stayed by the Fifth Circuit…
COVID-19 Paid Sick Leave Returning to California Workplaces
In the midst of the winter COVID-19 surge, Governor Newsom and California legislative leaders have agreed to fast-track a plan to provide emergency COVID-19 relief. As part of that package, another allotment of Paid Sick Leave for COVID-19 will once again be available to California workers.
The details have not been released but here is what we expect:
- The new
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The U.S. Supreme Court Stays Enforcement of OSHA’s Nationwide Vaccine Mandate Because It Exceeds OSHA’s Authority
As Lizbeth West and James Kachmar wrote in previous blogs, here and here, the 6th Circuit Court of Appeals vacated the stay of OSHA’s vaccine-or-test mandate that applies to employers with more than 100 employees. Challengers of the mandate sought immediate review by the U.S. Supreme Court. The U.S. Supreme Court held oral arguments in the matter on an…
Now Available! Weintraub Tobin’s 2022 Labor and Employment Webinar and Training Schedule

Weintraub Tobin’s 2022 Labor and Employment Webinar and Training schedule is now available.
Specifics and invitations for each webinar/training will be posted on our website approximately one month prior to the event.
Click here to view or download the schedule.
US Supreme Court Will Hear OSHA Vaccine or Test Mandate Challenge on Expedited Basis
Earlier this week, Beth West wrote a blog update about the 6th Circuit Court of Appeals vacating the stay of OSHA’s vaccine or test mandate that applies to employers with more than 100 employees (Click here to read). Ms. West noted that the challengers to the mandate would seek immediate review by the U.S. Supreme Court. The Appellants…
The Spread of Employee Lawsuits Related to COVID-19 May Be Widening, But Treatments and Cures May Exist
A blog we published here on May 28, 2020, correctly noted that California’s workers-compensation laws may immunize employers from most civil lawsuits alleging that employees became infected with the coronavirus on the job. That blog also correctly emphasized that other types of lawsuits may spread from lax pandemic protocols. This week the California Court of Appeal issued a unanimous three-judge…
OSHA’s COVID-19 Vaccine or Test Mandate Is BACK in Play… For Now
On Friday, December 17, 2021, the federal Sixth Circuit Court of Appeals granted an emergency motion to dissolve the stay of the federal OSHA COVID-19 vaccine or test mandate for large employers.
Background.
On November 5, 2021, OSHA issued an Emergency Temporary Standard (ETS or the standard) to protect the health of employees by mitigating the spread of this historically…
California Department of Public Health Issues a New Statewide Indoor Mask Mandate
Due to the increase in COVID-19 infection numbers and the rising number of hospitalizations in recent weeks, the California Department of Public Health has issued a mandate requiring all individuals in California wear masks in all public indoor settings regardless of their vaccine status. The mandate is for a one month period from December 15, 2021 through January 15, 2022.…