Today, the Supreme Court blocked the Biden Administration’s vaccine-or-test mandate for large employers, known as the Emergency Temporary Standard (“ETS”), which we wrote about here. The Court held that the federal agency that issued the ETS, the Occupational Safety and Health Administration (“OSHA”), has authority to regulate workplace safety issues, but not to regulate
Jim Shore helps employers and entrepreneurs in a variety of industries address their business needs and toughest labor and employment law challenges. His practice includes employment litigation and trial work; labor-management relations; advice and litigation assistance involving trade secrets, restrictive covenants, data theft and other areas where employment and intellectual property issues intersect; business transactions and reorganizations; and daily human resources and labor advice. Jim also manages sensitive internal investigations for clients. Jim is inducted as a Fellow in the College of Labor and Employment Lawyers for his sustained outstanding performance in the profession.
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Changes to Washington’s Requirements Regarding Accommodation of Employees at High Risk of Contracting COVID-19
For the past year, Washington employers have been required to accommodate those employees characterized by the CDC as being at high risk of severe illness or death from COVID-19. Required accommodations can include allowing those employees to take extended leaves of absence if alternative work assignments, telework, remote work locations, or social distancing measures are…
Handling Political Activity and Expression in the Workplace
The 2020 presidential election, coupled with nationwide civil unrest and a global pandemic, is creating a lot of conversation in employees’ personal and professional lives. In a February 2020 survey, employees reported:
- 78% discuss politics at work;
- 47% said the discussion of politics negatively impacted their performance;
- 33% take in more political news at
Governor Inslee Announces Statewide Mask Mandate in Washington
On June 23, Governor Jay Inslee announced that facial coverings will be mandatory statewide. Starting Friday, June 26, anyone in a public space must wear face coverings. The mandate includes indoor public spaces and outdoor public areas where physical distancing of six feet is not possible. Individuals may remove face coverings while eating or drinking…
Required Notice of Rights Under the Families First Coronavirus Response Act
The Families First Coronavirus Response Act (“FFCRA”) requires private companies with fewer than 500 employees, along with most public employers regardless of size, to post a notice summarizing the benefits available under the new law and directs the Department of Labor to prepare and publish a model notice. The Department issued its model notice yesterday.…
EEOC Updates Guidance on ADA and the Rehabilitation Act In Light of COVID-19
As employers continue to react to and prepare for workplace challenges due to the impact of the COVID-19 outbreak around the country, the EEOC has updated some of its guidance on the Americans With Disabilities Act (“ADA”) and the Rehabilitation Act. The EEOC addresses situations such as whether employer can require that employees showing symptoms…
Resources for Protecting Your Company During an ICE Raid
With all of the buzz about potential impending raids by U.S. Immigration and Customs Enforcement (“ICE”), many employers are understandably concerned about the rights of their employees, as well as their own rights and obligations with respect to ICE activity.
Employers must be careful to not provide assistance to employees beyond providing factual information about…
NLRB Gives Employers Greater Discretion to Limit Union Activity on Their Premises
The National Labor Relations Board (the “Board”) recently issued a decision in UPMC Presbyterian Shadyside that reverses longstanding Board precedent and holds that employers no longer have to allow nonemployee union representatives access to public areas of their property unless (1) the union has no other means of communicating with employees or (2) the employer…
Washington Supreme Court Announces Zero-Tolerance Approach to Sexual Harassment in Places of Public Accommodation
The Washington Law Against Discrimination (WLAD) prohibits “places of public accommodation” from discriminating against their customers on the basis of several protected characteristics, including, without limitation, sex, race, national origin, and sexual orientation. Sexual harassment is one prohibited form of such sex-based discrimination. Generally speaking, a place of public accommodation is any business that is open to the public.
On January 31, 2019, the Washington Supreme Court announced a new sexual harassment standard for places of public accommodation. In so ruling, the Court held that, under the WLAD, employers are “directly liable for the sexual harassment of members of the public by their employees, just as they would be if their employees turned customers away because of their race, religion, or sexual orientation.” Floeting v. Group Health, Inc., No. 95205-1.
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Supreme Court Rules Mandatory Union Fees for Public Sector Employees are Unconstitutional
In yet another significant victory for employers, the United States Supreme Court has held that the First Amendment prohibits public sector unions from collecting mandatory “agency fees” from non-union members who do not consent to the payment of fees. The Court’s ruling in Janus v. AFSCME, Council 31 overturns prior precedent that allowed public sector unions to collect these mandatory fees from employees who choose not to be a part of the union.
Continue Reading Supreme Court Rules Mandatory Union Fees for Public Sector Employees are Unconstitutional