Welcome to #WorkforceWednesday. This week, employers continue waiting on the Occupational Safety and Health Administration’s (OSHA’s) COVID-19 emergency temporary standard as retaliation claims rise.
Secretary of Labor Puts OSHA's COVID-19 ETS on Hold
Secretary of Labor Marty Walsh has requested a hold on OSHA’s COVID-19 Emergency Temporary Standard (ETS), pending an update based on the latest scientific analysis. Listen to last week’s Employers and the New Administration podcast to learn what’s expected in the ETS – ebglaw.com/eltw205
COVID-19 Retaliation Claims Increase
According to Bloomberg Law, there have been over 300 COVID-19-related retaliation claims filed with OSHA so far this year, with 34 filed in the last month.
CDC Releases Guidance on Increasing Employee Vaccinations
The Centers for Disease Control and Prevention (CDC) has released guidance on steps for encouraging employee vaccinations. The agency recommends that employers train “vaccination ambassadors” to increase vaccine acceptance in the workplace. Learn more - shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/coronavirus-vaccination-ambassadors.aspx
Long-Awaited Website Accessibility Ruling
The U.S. Court of Appeals for the Eleventh Circuit finally issued its long-anticipated ruling in Gil v. Winn-Dixie Stores, holding that websites are not covered as places of public accommodation under Title III of the Americans with Disabilities Act. Read the top three takeaways from the case - workforcebulletin.com/2021/04/08/the-eleventh-circuit-finally-breaks-its-silence-on-website-accessibility-but-was-its-decision-worth-the-wait/
Arbitration Agreements Can Remain Confidential, for Now
The recent decision by the National Labor Relations Board (NLRB) in Dish Network, LLC means that, at least for now, employers and employees may agree on conducting their dispute resolution on a confidential basis without violating the National Labor Relations Act. But, with the NLRB set to flip again to Democrat control as current appointees’ terms expire, businesses wishing to utilize confidentiality provisions should account for the distinct possibility that the NLRB will overturn Dish Network, LLC and similar decisions. Click for more - managementmemo.com/2021/04/08/nlrb-holds-arbitration-agreements-can-remain-confidential-for-now/
What We’re Reading
“Return-to-Work Mandates Tested in ACLU’s South Carolina Case,” a Bloomberg Daily Labor Report article, featuring attorney Nancy Gunzenhauser Popper - news.bloomberglaw.com/daily-labor-report/return-to-work-mandates-tested-in-aclus-south-carolina-case
Employers are strategically preparing for business beyond the pandemic. Stay up to date as you reimagine your workforce - ebglaw.com/return-to-work/
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