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Schwabe, Williamson & Wyatt | November 2021

On November 4, 2021, the Occupational Safety and Health Authority (“OSHA”) issued the 490-page Emergency Temporary Standard for COVID-19 Vaccinations and Testing (“ETS”), which is to be effective as of November 5, 2021. The ETS will remain in effect for six months, when it is expected to become a permanent rule. The ETS itself is available here ...

Waller | November 2021

In September, President Biden announced aggressive plans to combat the COVID-19 pandemic, taking the fight directly to the workplace and ordering mandatory vaccination or weekly testing to employers with 100 or more employees. This week, the Occupational Safety and Health Administration (OSHA) issued anEmergency Temporary Standard(ETS) regarding the COVID-19 vaccination and testing requirements for employers ...

Over the last 18 months, nearly everyone has experienced increased stress as once simple decisions about day-to-day routines became more complicated, going to work and school became a potential health risk, and many families experienced financial hardship. Stress associated with the pandemic has exacerbated mental health impairments and other conditions triggered by stress and led people to seek professional help for their struggles ...

Carey | November 2021

On October 27, the Ministry of Science presented what will be the first National Artificial Intelligence Policy containing the strategic guidelines to be followed by the country over the next 10 years with the aim of empowering people in the use and development of Artificial Intelligence (AI) tools and participating in the debate on their legal, ethical, social, and economic consequences ...

Historically, businesses involved in the U.S. defense industrial base have been protected from foreign direct investment by the Committee on Foreign Investment in the U.S. (CFIUS) — but changes to U.S. laws and regulations on foreign direct investment have expanded the types of businesses that are now protected ...

Shoosmiths LLP | November 2021

Do you have a unionised workforce? If so, the Kostal (Kostal UK Ltd v Dunkley and others [2021] UKSC 47 (27 October 2021)) decision is a must read. If you are an employer which recognises a union - or unions - then the Kostal decision is unlikely to have escaped your notice. The case was brought because an employer ‘went around’ the recognised union and made a pay offer direct to employees despite there being an agreement with the union in place ...

Shoosmiths LLP | November 2021

There is no doubt that the pandemic catapulted society and businesses into a new and different world, which saw old working practices replaced by new and which advanced the adoption of new technology at a rapid pace. However, one thing didn’t change at law firm Shoosmiths, and that was how Environmental, Social and Governance (ESG) considerations still firmly lay at the heart of the business strategy ...

Makarim & Taira S. | November 2021

On 30 July 2021, the Financial Services Authority (“OJK”) has issued OJK Regulation No. 12/POJK.03/2021 on Commercial Banks (“POJK 12/2021”). POJK 12/2021 was issued to anticipate, amongst other things, a business development and banking trend including the development and innovation of information technology. One of the interesting topics of POJK 12/2021 is the introduction of provisions on digital banks ...

Hanson Bridgett LLP | November 2021

Key Points Mandatory vaccination programs may be permissible at federal level without Title VII religious exemption. The equivalent state religious exemption is still viable in California. Social, political, or personal preference objections about the possible effects of the COVID-19 vaccine do not qualify as “religious beliefs” under the Title VII religious exemption. DOES V. MILLS On October 29, 2021, in a 6-3 decision, the United States Supreme Court in Does v ...

Shoosmiths LLP | November 2021

Josh Cavallo has demonstrated enormous bravery by becoming the only current male professional footballer to come out as gay. We consider how employers can foster a workplace environment that is supportive of LGBTQ+ employees who choose to come out. This week Josh Cavallo of Adelaide United showed incredible courage by publicly announcing his sexuality ...

Dinsmore & Shohl LLP | November 2021

On Oct. 29, 2021, the Wage and Hour Division of the United States Department of Labor (DOL) released its final rule regarding “dual jobs” for tipped employees under the Fair Labor Standards Act (FLSA). The final rule, which becomes effective on Dec. 28, 2021, withdraws a prior final rule from 2020 regarding dual jobs and amends regulations to distinguish between tipped occupations and non-tipped occupations ...

Dinsmore & Shohl LLP | November 2021

Questions abound as to whether HIPAA comes into play when COVID-19 vaccination information is provided to employers. Recently, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued clarifying guidance on the applicability of the HIPAA Privacy Rule in the context of COVID-19 vaccination information provided to employers ...

DFDL | November 2021

On 28 October 2021, the Royal Government of Cambodia (“RGC”) implemented ‘Round 10’ of measures aimed at mitigating the impacts of COVID-19 on businesses and workers in Cambodia. In readiness for the economy re-opening Cambodia has been receiving vaccines through support and direct purchases from various manufacturers ...

Carey | November 2021

On October 29, 2021, the following resolutions were published in the Official Gazette: Exempt Resolution No. 1,080 of the Undersecretary of Public Health amending Exempt Resolution No. 994, of 2021, of the Ministry of Health, which establishes the fourth Step-by-Step Plan; and Exempt Resolution No. 1,079 of the Undersecretary of Public Health, which amends Exempt Resolution No. 672, of 2021, of the Ministry of Health, which establishes the Protected Borders Plan ...

Shearn Delamore & Co. | November 2021

Dear valued clients, colleagues and friends,We are pleased to bring you the latest legal updates for October 2021 ...

Consistent with a continued expansion of statutory rights under the National Labor Relations Act ("NLRA"), the General Counsel of the National Labor Relations Board ("NLRB") confirmed her view that certain athletes at academic institutions are "statutory employees, who have the right to act collectively to improve their terms and conditions of employment ...

OSHA is considering rules to address heat injury and stress in the workplace. On October 27, 2021, OSHA filed an Advance Notice of Proposed Rulemaking ("ANPRM") for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. The ANPRM includes 114 questions and seeks public input on heat-related issues that should be addressed in any standard, including possible controls or measures that might be considered to address heat-related injury and stress ...

The end of the year is both a busy and a celebratory time. As employers close out 2021 and look forward to 2022, here are five issues for employers to consider to prepare for success in the year ahead: 1. Holiday Bonuses - If you are considering a year-end payment to employees, make sure you know the tax and wage and hour rules and the difference between discretionary and nondiscretionary bonuses. A true holiday bonus is purely discretionary — meaning it is not tied to performance ...

Waller | November 2021

After convening for a special legislative session to address COVID-19 countermeasures, the Tennessee General Assembly passed sweeping legislation in the early hours of Saturday morning that limits the authority of public schools, local health departments, government entities, and private businesses to implement COVID-19 related restrictions ...

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