On December 22, 2021, the U.S. Supreme Court announced it will fast-track oral arguments on challenges to the federal OSHA Emergency Temporary Standards (ETS). As discussed here, the Sixth Circuit Court of Appeals lifted its stay of OSHA’s ETS on December 17, 2021 subjecting all employers with 100 or more employees to its new vaccination protocols.  

The California Department of Fair Employment and Housing (DFEH) has launched an affirmative enforcement effort to identify and correct violations of the Fair Chance Act. California’s Fair Chance or ‘Ban-the-Box’ laws generally prohibit employers with five or more employees from asking about a job applicant’s conviction history before making a conditional job offer and requires specific procedures for considering an applicant’s criminal history after a conditional job offer has been made.

The United States Supreme Court has granted review in a case in which the Justices will decide whether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under the California Private Attorneys General Act (PAGA). 

Jason Resnick

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Work Place Regulations

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