Workplace Policies and Processes

By Brent I. Clark, James L. CurtisMark A. Lies, IIAdam R. YoungPatrick D. Joyce, Daniel R. Birnbaum, and Craig B. Simonsen

Seyfarth Synopsis: As we approach the heat of the summer season and as employers begin to re-open after months of COVID-19 quarantine, workers may be out of shape, out
Continue Reading Heat Illness and Back to Work — Summer 2021

By Daniel R. BirnbaumCoby TurnerLiz Watson, and Patrick D. Joyce

Seyfarth Synopsis: Following a rollercoaster ride that lasted for weeks, and culminated in another 4.5 hour long marathon meeting, on June 17, 2021, Cal/OSHA finally approved a revised version of its Emergency Temporary Standard (“ETS”). While the revised ETS aligns closer to guidance issued
Continue Reading Finally! Cal/OSHA Approves Revised Emergency Temporary Standard

By Benjamin D. BriggsCoby TurnerElizabeth M. LevyIlana MoradyPatrick D. Joyce, Daniel R. Birnbaum, and Craig B. Simonsen

Seyfarth Synopsis: Less than a week after the Cal/OSHA Standards Board voted to approve Cal/OSHA’s controversial revisions to the COVID-19 Emergency Temporary Standard (ETS), it convened an emergency meeting on June 9, 2021,


Continue Reading Take 3! Cal/OSHA ETS Revisions Still Pending

By Brent I. ClarkJames L. Curtis, Benjamin D. Briggs, Mark A. Lies, IIAdam R. YoungA. Scott Hecker, Ilana MoradyPatrick D. Joyce, Daniel R. Birnbaum, Matthew A. Sloan, and Craig B. Simonsen

Seyfarth SynopsisOn June 9, 2021, at the tail end of prepared remarks before
Continue Reading OSHA’s Emergency Temporary Standard Narrowly Focused on the Health Care Sector, Guidance Updated for Other Sectors

By Lorie E. AlmonMeredith-Anne BergerAnne R. Dana, and Glenn J. Smith

Seyfarth Synopsis: With no fanfare or effective means of publication, New York adopted an emergency regulation, effective May 26, 2021, implementing the latest CDC guidance on face coverings, with certain key exceptions. Notably, face coverings are required for unvaccinated food service workers at all
Continue Reading The Never Ending Story – More COVID-19 Guidance for New York: Adoption of an Emergency Regulation for Face Coverings and Proposed Rollbacks of Industry-Specific Guidance

By Coby TurnerPatrick D. JoyceIlana MoradyAdam R. Young, and Elizabeth M. Levy

Seyfarth Synopsis: The California Occupational Safety & Health Standards Board (OSHSB) was supposed to consider changes to the COVID-19 Emergency Temporary Standard (ETS) on May 20, 2021. But after the CDC published a May 13, 2021 guidance saying that
Continue Reading For Real Now: Cal/OSHA Board Considering Changes to COVID-19 ETS

Seyfarth Synopsis: On Monday, May 24th at 12:30 p.m. Eastern, Seyfarth attorneys Adam Young, Scott Hecker, and Patrick Joyce will present a webinar entitled Evolving Landscape: OSHA and CDC COVID-19 Guidance.

During his first full day in office, President Biden issued an Executive Order directing OSHA to consider a COVID-19 emergency temporary standard (ETS). OSHA
Continue Reading Webinar: Evolving Landscape – OSHA and CDC COVID-19 Guidance

By Brent I. Clark, James L. CurtisChristopher F. Robertson, Adam R. YoungPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: The U.S. Department of Labor announced last week OSHA will oversee the processing of worker retaliation complaints filed under two new whistleblower statutes – the Criminal Antitrust Anti-Retaliation Act and the Anti-Money Laundering
Continue Reading New Antitrust and Money Laundering Laws to Expand OSHA Whistleblower Claims

By Robert A. Fisher, Benjamin D. BriggsAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: A beverage wholesaler has appealed an arbitration award to federal court where the Company discharged a CDL driver who tested positive for cocaine. The arbitrator had ruled that the Company did not have just cause for termination.

A recent complaint
Continue Reading Employer Challenges Arbitrator Award Which Held Positive Drug Test for Cocaine Insufficient to Prove Just Cause

By Eric Janson and Adam R. Young

Seyfarth Synopsis: While the votes continue to be tallied in the Presidential election, one thing is certain – it was a BIG night for cannabis in America with five new states approving ballot measures to legalize recreational or medical marijuana. 

With these new laws, nearly 110 million Americans (or over 1/3 of
Continue Reading And the Winner of the 2020 Election Is…Marijuana!