UPDATE: On January 13, 2022, the U.S. Supreme Court granted applications to stay OSHA’s Emergency Temporary Standard pending review on the merits by the Sixth Circuit, and if writs of certiorari are subsequently sought to the U.S. Supreme Court, pending the Court’s disposition of such writs. Click here to read more about the Court’s decision.
New York City Issues Guidance on Private Employer COVID-19 Vaccine Mandate
On December 15, 2021, New York City released guidance on the private employer vaccine mandate set to take effect on Monday, December 27. As we previously reported, the mandate will require workers in New York City who perform in-person work or interact with the public to show proof they have received at least one
OSHA Releases Emergency Temporary Standard Requiring Mandatory Vaccination or Weekly Testing for Employers with 100 or More Employees
UPDATE: On January 13, 2022, the U.S. Supreme Court granted applications to stay OSHA’s Emergency Temporary Standard pending review on the merits by the Sixth Circuit, and if writs of certiorari are subsequently sought to the U.S. Supreme Court, pending the Court’s disposition of such writs. Click here to read more about the Court’s decision.
OSHA To Issue Emergency Temporary Standard Requiring Large Employers to Mandate Vaccination or Weekly Testing for Employees
On September 9, 2021, the Biden Administration announced that the Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing an Emergency Temporary Standard that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require unvaccinated workers to provide a negative COVID-19 test result at least
COVID-19 Designated as an Airborne Infectious Disease under New York State’s HERO Act
***UPDATE: On February 15, 2022, the New York State Commissioner of Health continued the designation of COVID-19 as a “highly contagious communicable disease” pursuant to the HERO Act until March 17, 2022. According to the designation, on March 17, the Commissioner “will review the level of transmission of COVID-19 in New York State and determine
Fourth Circuit Finds District Court Erroneously Applied Wal-Mart Stores, Inc. v. Dukes In Denying Leave to Amend Complaint in Pay Discrimination Suit
In its recent decision in Scott v. Family Dollar Stores, Inc., No. 12-1610 (4th Cir. Oct. 16, 2013), the Fourth Circuit ruled that the district court abused its discretion by refusing to allow plaintiffs asserting claims of gender-based pay discrimination leave to file an amended complaint based upon an erroneous interpretation of the Rule 23(a) commonality requirements for class certification set forth by the United States Supreme Court in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011). In a 2-1 decision, the majority held that plaintiffs should have been permitted to amend their complaint to challenge discretionary decision making by managers on a nationwide class, reasoning that “the discretionary authority at issue was exercised by high-level managers, as distinct from the low-level type managers in Wal-Mart.” As the dissent argued, this ruling is in tension with Wal-Mart and other courts that have held when discretionary management decisions are involved, the appropriate unit of analysis must be the discretionary decision maker.