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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,

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

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

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

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

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

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.