Employers in the U.S. are facing regulatory upheaval on multiple fronts. The federal government has taken up a new interest in potentially limiting the applicability of restrictive covenants, such as non-compete agreements. Meanwhile, the Occupational Safety and Health Administration (OSHA) has issued an Emergency Temporary Standard (ETS) (currently stayed by the Fifth Circuit) requiring employers
ICE has announced it will extend I-9 flexibility until April 30, 2022, due to continuing precautions related to COVID-19.
The guidance remains the same:
On December 16, 2021, Cal/OSHA’s Standards Board voted to readopt the Cal/OSHA COVID-19 Emergency Temporary Standards (ETS) with several revisions. This vote comes on the heels of the California Department of Public Health (CDPH) issuing a state-wide face-covering requirement for indoor public settings and in the
Applicants for Adjustment of Status to Permanent Residence will have more than 60 days after completing their medical examinations to file their Forms I-485 Adjustment of Status applications, USCIS has announced.
Due to COVID-19-related delays, USCIS has temporarily waived the requirement that a civil surgeon sign the Form I-693, Report of Medical Examination and Vaccination
Less than 24 hours after the California Department of Public Health’s (CDPH) new mask mandate went into effect, the CDPH updated its guidance to clarify the application of the mandate. Previously, the mandate by the CDPH referenced “indoor public settings” without further definition. In the updated guidance, the CDPH clarifies that “the guidance applies to
On December 15, 2021, the Fifth Circuit Court of Appeals granted, in part, the federal administration’s motion to stay the nationwide preliminary injunction enjoining the Centers for Medicare and Medicaid (CMS) from enforcing its COVID-19 vaccine mandate nationwide as to non-plaintiff states. Louisiana et al v. Becerra et al., No. 3:12-cv-03970 (W.D. La. December
The U.S. Court of Appeals for the Sixth Circuit has lifted the Fifth Circuit’s stay of the OSHA ETS on COVID-19 vaccination and testing for employers with at least 100 employees. Read more.
On December 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) added a new section, COVID-19 and the Definition of “Disability” Under the ADA/Rehabilitation Act, to its COVID-19 guidance. The updated guidance describes how the ADA’s three-part definition of disability (actual disability, record of disability or being regarded as an individual with a disability)
The U.S. Supreme Court denied a request to enjoin New York State from enforcing its regulation requiring COVID-19 vaccination for healthcare workers despite the fact that the regulation did not allow for religious accommodations. The Court did not issue any written opinion or rationale but was accompanied by a 14-page dissent by Justice Gorsuch.
Meanwhile,
If President Biden’s OSHA ETS goes forward, nearly half the states have the option of going their own way. Read more.