Beltway Buzz, June 11, 2021
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
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OSHA Issues New COVID-19 Guidance for All Industries Not Covered by Its ETS for Healthcare
On June 10, 2021, simultaneous with the issuance of its Emergency Temporary Standard (ETS) for COVID-19 focusing on healthcare employers, the Occupational Safety and Health Administration (OSHA) released its new COVID-19 guidance for all industries not covered by the ETS.
OSHA Finally Issues Its COVID-19 Emergency Temporary Standard, Confines It to Healthcare
On the morning of June 9, 2021, the White House Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) announced it completed its review of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) for COVID-19. At a hearing later that day before the U.S. House of Representatives Education and Labor Committee, Secretary of Labor Marty Walsh told legislators that OSHA expected to release the ETS by June 10, 2021, and that it would be confined to the healthcare industry. All other industries would receive updated “strong guidance” on safely protecting unvaccinated workers.
OSHA Issues New Enforcement Guidance to Address the N95 Shortage During the Coronavirus Pandemic
Following up on its recent temporary enforcement guidance permitting suspension of N95 annual fit-testing for healthcare employers, on April 3, 2020, the Occupational Safety and Health Administration (OSHA) issued an interim Enforcement Guidance for Respiratory Protection and the N95 Shortage Due to the Coronavirus Disease 2019 (COVID-19) Pandemic.
Commission Overrules Xu v. Epic Systems, Finds Valid Arbitration Agreement or Waiver Bars Prosecution of WFEA Claims Before ERD
In Ionetz v. Menard, Inc., the Wisconsin Labor and Industry Review Commission overruled its previous and highly controversial decision Xu v. Epic Systems, Inc..
Wisconsin Employee May Prosecute WFEA Claims Against Employer Despite Valid Waiver and Release of Claims
The Wisconsin Labor and Industry Review Commission recently issued a highly controversial decision, Xu v. Epic Systems, Inc., holding that (1) an employee cannot waive the right to file a discrimination complaint against her or his employer under the Wisconsin Fair Employment Act (WFEA), and (2) an employee may prosecute WFEA claims on the merits against her or his former employer—and potentially receive a judgment against the former employer before the Wisconsin Equal Rights Division (ERD)—even if he or she waived and released any and all such claims against his or her employer in a valid severance agreement.
OSHA Withdraws Union Representative Walk-Around Letter of Interpretation
On April 25, 2017, the Occupational Safety and Health Administration (OSHA) officially rescinded its 2013 letter of interpretation that many viewed as a clear bow to organized labor by the previous administration and that had created the potential to use an OSHA inspection as a union organizing tool.
Several New Worker’s Compensation Provisions Favorable to Wisconsin Employers
Wisconsin Governor Scott Walker signed into law several new employer-friendly 2016 amendments to the state’s Worker’s Compensation Act. In addition to cutting the statute of limitations for traumatic injury claims in half, from 12 years to 6, the amendments also deny benefits to employees under three new provisions added to the law.