We recently reported that the Senate passed a #MeToo bill that banned the use of mandatory arbitration agreements for sexual harassment and sexual assault claims. This bill was signed into law by President Biden on March 3, 2022. On March 17, 2022, the House took it a step further and voted 222-209 to pass the Forced Arbitration Injustice Repeal Act (H.R. 963). Continue Reading House passes bill banning mandatory arbitration agreements

Medical marijuana is being legalized in an increasing number of states, which will have an impact on a variety of employment issues, including workers’ compensation. The Supreme Court appears to be considering providing clarity to employers and employees alike regarding payment for medical marijuana in workers’ compensation claims. Continue Reading Supreme Court considering granting certiorari in workers’ compensation medical marijuana cases

As the rate of COVID-19 cases continues to trend downward in most parts of the country, and employers begin to relax mask policies and encourage employees’ return to the office, COVID-19-related issues remain at the forefront — including employee vaccination status. On March 1, 2022, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance regarding religious objections to employer vaccine requirements. Continue Reading EEOC issues guidance on COVID-19 vaccine religious accommodation requirements

As we recently reported, on Dec. 17, 2021, the Sixth Circuit Court of Appeals lifted the Fifth Circuit’s stay on the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). Shortly after the Sixth Circuit’s decision was issued, several opponents of the ETS petitioned the Supreme Court to issue an emergency stay to block OSHA from enforcing the rule. Continue Reading Opponents of OSHA COVID-19 vaccination and testing rule appeal to Supreme Court

As we previously reported, on Nov. 12, 2021, the Fifth Circuit Court of Appeals blocked the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) and ordered OSHA to take no steps to implement or enforce the ETS. After that, several lawsuits challenging the ETS were consolidated in the Sixth Circuit Court of Appeals, and OSHA filed a motion to dissolve the stay issued by the Fifth Circuit. On Dec. 17, 2021, the Sixth Circuit lifted the stay on the ETS, allowing OSHA to begin enforcing the rule. Continue Reading OSHA COVID-19 vaccination and testing rule reinstated