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New California Bill Aims to Require Cal/OSHA to Adopt General Industry Workplace Violence Prevention Regulations

Workplace violence is a serious concern for California employers in all industries, but the state’s workplace violence prevention regulations are currently applicable only to the healthcare industry. A bill recently introduced in the California Legislature would require the state’s occupational safety and health regulator to broaden the scope of workplace violence prevention regulations.

Karen F. Tynan Sacramento Author

Robert C. Rodriguez Sacramento Author

Is an OSHA Workplace Violence Standard for the Healthcare Industry on the Way?

The Occupational Safety and Health Administration (OSHA) has identified violence in healthcare settings as a significant occupational risk, and a new workplace violence standard for the healthcare industry could be on the horizon.

Wayne E. Pinkstone Philadelphia
Cherry Hill (NJ) Author

Phillip J. Jones Indianapolis Author

John D. Surma Houston Author

Zachary V. Zagger New York Author

Arizona Gets to Keep Its State-Operated Workplace Safety and Health Program

On February 15, 2023, the Occupational Safety and Health Administration (OSHA) withdrew its proposed rule that would have revoked the final approval status of Arizona’s state plan for occupational safety and health.

Nonnie L. Shivers Phoenix Author

John D. Surma Houston Author

Karen F. Tynan Sacramento Author

Ryan J. Swink Houston Author

States Continue to Target Restrictive Covenants

Connecticut, Indiana, New York, Rhode Island, and Utah are among the latest states to propose further limitations on the use of post-employment restrictive covenants. Connecticut’s House Bill (HB) 6594 and New York’s Senate Bill (S) 3100 would prohibit the use of noncompetes with a wide swath of employees and independent contractors. Indiana’s Senate Bill (SB) 7, Rhode Island’s House Bill (H) 5284, and Utah’s Senate Bill (SB) 170 are more narrow and would only prohibit the use of noncompetes for certain medical professionals.

Justin A. Allen Indianapolis Author

Byrin A. Romney Indianapolis Author

Indiana Senate Approves Ban on Doctor Noncompete Agreements

On February 7, 2023, the Indiana Senate passed a bill to outright ban noncompete agreements between doctors and their healthcare provider employers, though with an amendment to remove restrictions on referral incentives.

John A. Drake Indianapolis
Chicago Author

Zachary V. Zagger New York Author

New York Judge Blocks COVID-19 Vaccination Mandate for Healthcare Facilities

On January 17, 2023, a New York trial court judge struck down the state’s vaccine mandate for healthcare workers, ruling that the New York State Department of Health (DOH) acted outside its authority and noting that “the COVID-19 shots do not prevent transmission.”

Janice G. Dubler Cherry Hill (NJ)
Philadelphia Author

Cynthia A. Bremer Minneapolis Author

Zachary V. Zagger New York Author

Final Steps of OSHA’s Proposed Permanent COVID-19 Standard for Healthcare

The Occupational Safety and Health Administration’s (OSHA) COVID-19 rulemaking process has been quiet for a while, but recent activity appears to indicate we are now entering the final phase of a permanent COVID-19 standard for healthcare.

John D. Surma Houston Author

Savannah M. Selvaggio Washington D.C. Author

Montana’s Vaccination Discrimination Law: Federal Court Blocks Enforcement

On December 9, 2022, a federal judge in Montana permanently blocked enforcement in healthcare settings of a first-in-the-nation law that had prohibited discrimination in employment and the provision of services based on vaccination status—including vaccination against COVID-19—finding the law is unconstitutional and preempted by federal law.

Roger G. Trim Denver Author

Ashley Prickett Cuttino Greenville Author

Zachary V. Zagger New York Author

KOSHRC Suggests That All Kentucky Employers With More Than Eight Employees Must Develop Bloodborne Pathogen Training Programs

The Occupational Safety and Health Administration’s (OSHA) bloodborne pathogens standard, 29 C.F.R. § 1910.1030, requires employers having employees with “occupational exposure to blood or other potentially infectious materials” to develop written exposure control plans designed to eliminate or minimize employee exposure.

Wendy V. Miller Nashville Author

William S. Rutchow Nashville Author

John D. Surma Houston Author

Ryan J. Swink Houston Author

CDPH Order Updates Definitions of ‘Close Contact’ and ‘Infectious Period,’ Clarifies What Is and Is Not Mandatory

On October 14, 2022, California Department of Public Health (CDPH) Director Tomás J. Aragόn issued a State Public Health Officer Order further clarifying the definitions of “close contact” and “infectious period” to provide entities and individuals with strategies for working together in a post-COVID-19 workplace.

Karen F. Tynan Sacramento Author

Elizabeth Rhodes Sacramento Author

White House Unveils Blueprint to Guide Use of AI, Automated Systems Technology

The White House, on October 4, 2022, unveiled its “ Blueprint for an AI Bill of Rights ,” outlining non-binding recommendations for the design, use, and deployment of artificial intelligence (AI) and automated systems when such tools are used in ways that affect individual’s rights, opportunities, or access to critical resources or services.

Jennifer G. Betts Pittsburgh Author

Danielle Ochs San Francisco Author

Zachary V. Zagger New York Author

Cal/OSHA Issues Guidance on Protecting Workers From Monkeypox

On September 13, 2022, the California Division of Occupational Safety and Health (Cal/OSHA) issued guidance regarding protection of workers from monkeypox (MPX) under the Aerosol Transmissible Disease (ATD) Standard, California Code of Regulations, Title 8 Section 5199.

Karen F. Tynan Sacramento Author

Ursula L. Clemons Orange County Author

Pennsylvania Federal Judge Tosses Challenge to Employer Jab or Swab Mandate

On August 26, 2022, Chief U.S. District Judge Matthew Brann for the United States District Court for the Middle District of Pennsylvania dismissed a putative class action representing approximately 100 healthcare company employees brought against their employer, Geisinger Clinic. In the suit, the employees challenged their employer’s policy requiring employees to either be vaccinated for COVID-19 or agree to regular testing and quarantining. In dismissing the complaint, the court rejected the employees’ religious discrimination, constitutional, and state law claims, calling the employees’ evidence “a collection of distorted statements and anti-vaccine hocus-pocus.”

Stacy M. Bunck Kansas City Author

Tiffany Cox Stacy San Antonio Author

Melissa M. Pesce St. Louis Author

Bethany S. Wagner Pittsburgh Author

Zachary V. Zagger New York Author

Oregon Equal Pay Act’s Temporary Exclusion of Hiring and Retention Bonuses Set to Expire on September 28, 2022

On September 28, 2022, amendments to Oregon’s Equal Pay Act excluding hiring and retention bonuses from the definition of “compensation” are set to expire.

Paul E. Cirner Portland (OR) Author

‘It’s Déjà Vu All Over Again’: the District of Columbia’s Ban on Non-Compete Agreements Takes Effect on October 1, 2022

After more than two years of delay and amendment, the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020, which was introduced in the pre-pandemic days of 2020, will finally take legal effect on October 1, 2022. Efforts to amend the 2020 act culminated in the Non-Compete Clarification Amendment Act of 2022 (D.C. Act 24-526), which Mayor Muriel Bowser signed into law on July 27, 2022.

James J. Murphy Washington D.C. Author

D’Ontae D. Sylvertooth Washington D.C. Author

Illinois Amends Nurse Agency Licensing Act to Prohibit Noncompetes and Add New Reporting Requirements

With little press coverage, Illinois just amended the Nurse Agency Licensing Act (House Bill (HB) 4666) to prohibit noncompete agreements between nurse staffing agencies and nurses or certified nursing assistants (CNAs) and impose additional reporting requirements.

Tobias E. Schlueter Chicago Author

Workplace Safety in Arizona: OSHA Delays Decision on Proposal to Revoke State Plan

The federal Occupational Safety and Health Administration (OSHA) is holding off on deciding whether to revoke final approval of Arizona’s occupational safety and health (OSH) plan. On August 10, 2022, OSHA said it is extending the comment period on a proposed rule to revoke the state’s approval for another 60 days and postponed a public hearing tentatively scheduled for August 16, 2022.

Nonnie L. Shivers Phoenix Author

John D. Surma Houston Author

Karen F. Tynan Sacramento Author

Andrew B. Levin Phoenix Author

Ryan J. Swink Houston Author

Zachary V. Zagger New York Author

California Appellate Court Rules That Purely Digital Retail Businesses Are Not Covered Under the Unruh Civil Rights Act

On August 1, 2022, the Court of Appeal of the State of California, in Martinez v. Cot’n Wash, Inc., resolved two outstanding issues in the website accessibility field in a way that limits the reach of the Unruh Civil Rights Act (Unruh Act) as part of a growing resistance in the judiciary to an onslaught of website accessibility claims.

David Raizman Los Angeles Author

Nicholas Marfori Los Angeles Author

ADA Design Standards Expected for Sales and Ticketing Kiosks and Other Self-Service Transaction Machines

The U.S. Architectural and Transportation Barriers Compliance Board (commonly known as the Access Board) announced that it intends to issue an Advance Notice of Proposed Rulemaking (ANPRM) under the Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA) in August 2022 that would create scoping and technical standards for self-service transaction devices.

David Raizman Los Angeles Author

Monkeypox Outbreak Declared a Public Health Emergency

On August 4, 2022, the Biden administration declared the monkeypox outbreak a public health emergency. The declaration follows the World Health Organization’s (WHO) declaration last month of monkeypox as a public health emergency of international concern.

Katherine Dudley Helms Columbia Author

Not Monkeying Around Anymore: Time for Employers to Pay Attention to Monkeypox

The World Health Organization (WHO) director general declared the current outbreak of monkeypox a Public Health Emergency of International Concern. Similarly, San Francisco declared a public health emergency due to the increase in monkeypox cases and the state of New York declared the spread of the virus an “imminent threat to public health.”

Katherine Dudley Helms Columbia Author

Workplace Safety in Arizona: Update on OSHA’s Proposal to Revoke State Plan

On April 21, 2022, the federal Occupational Safety and Health Administration (OSHA) issued a a proposed rule to revoke Arizona’s occupational safety and health (OSH) plan’s final approval under Section 18(e) of the Occupational Safety and Health Act of 1970. In its notice, OSHA proposed revoking its affirmative determination granting final approval to Arizona’s state OSH plan, which, if implemented, would return Arizona’s plan to “initial approval” status resulting in discretionary concurrent enforcement jurisdiction between OSHA and the Arizona Division of Occupational Safety and Health (ADOSH).

Nonnie L. Shivers Phoenix Author

John D. Surma Houston Author

Karen F. Tynan Sacramento Author

Andrew B. Levin Phoenix Author

Ryan J. Swink Houston Author

HHS Issues Guidance on Post-Dobbs Protections Under HIPAA Privacy Rule

Many states have enacted or revived statutes limiting or barring access to abortion in the wake of the Supreme Court of the United States’ ruling in Dobbs v. Jackson Women’s Health Organization and further legislative or regulatory initiatives on this subject are likely.

Daniel T. Sulton Greenville Author

California Supreme Court Gives Employee Two Bites of the Class Action Apple

On June 30, 2022, the Supreme Court of California issued a decision in Grande v. Eisenhower Medical Center, No. S261247, that could have a far-reaching impact on the relationships between staffing companies and their clients.

Betsy Johnson Los Angeles Author

Bloomington, Minnesota, Passes Paid Sick and Safe Leave Ordinance

On June 6, 2022, after a year of public meetings and feedback, the Bloomington City Council unanimously approved an ordinance that will require employers in the city to provide paid sick and safe leave to most workers.

Nathan T. Boone Minneapolis Author

Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit

On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens v. Circassia Pharmaceuticals, Inc., the court affirmed summary judgment despite its recognition that the former employee had presented “substantial evidence” that could lead a reasonable jury to conclude that the employer’s stated reason for termination—her poor job performance—was false.

Andrew P. (Drew) Burnside New Orleans Author

Tiffany Cox Stacy San Antonio Author

Minnesota Department of Labor and Industry Posts Approved Employer Notice for Frontline Worker Pay Law

On June 7, 2022, the Minnesota Department of Labor and Industry (MNDOLI) issued its long-awaited approved employer notice regarding requirements under the Frontline Worker Pay Law.

Brent D. Kettelkamp Minneapolis Author

Colin H. Hargreaves Minneapolis Author

Updates to Minnesota’s Frontline Worker Pay Law

As expected, the Minnesota Department of Labor and Industry recently provided an update regarding the new Frontline Worker Pay Law by distributing a fact sheet and a set of answers to frequently asked questions (FAQs).

Brent D. Kettelkamp Minneapolis Author

Colin H. Hargreaves Minneapolis Author

Monkeypox—Do Employers Need to Worry?

Several cases of monkeypox has now been found in the United States. We do not yet know whether employers will need to worry about monkeypox in the context of their workforces and workplace, but it may be wise to be informed.

Katherine Dudley Helms Columbia Author

U.S. High Court Says No Emotional Distress Damages for Discrimination Under Rehab Act and ACA

The Supreme Court of the United States, on April 28, 2022, held that emotional distress damages are not available for private discrimination claims under the federal Rehabilitation Act of 1973 and the Affordable Care Act (ACA).

David Raizman Los Angeles Author

Zachary V. Zagger New York Author

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