Back from the Dead: OSHA’s COVID-19 Rules for Large Employers

COVID-19 laws are changing rapidly and unpredictably. This past Friday, December 17, 2021, a federal court in Ohio surprisingly reversed a nationwide injunction against federal OSHA’s COVID-19 vaccinate-or-testing mandate for large employers (i.e., employers with 100 or more employees). Thus, effective last Friday, the federal OSHA rules (the “Rules”) are back in effect.

Hair: A Source of Lawsuits

Employers may be surprised to learn that the law protects their employee’s hair and hairstyles—at least sometimes. Enacted in 2019, California’s CROWN Act (which stands for “Create a Respectful and Open Workplace for Natural Hair”) prohibits employers from discriminating against job applicants and employees based on their hairstyle or texture—such as braids, locks, and twists.

Letters of Intent

A letter of intent (“LOI”) may be used to identify and frame the deal terms of a potential transaction. LOIs may be binding, non-binding, or partially binding. In our experience, effective LOIs are typically partially binding, with the non-binding provisions relating to the description of the transaction, price, quantity, or delivery and with the binding provisions relating to the parties’ duties of confidentiality, due diligence, and exclusivity.

Update: Federal OSHA Rules – A Game of Limbo

On November 12, 2021, that federal appeals court “permanently” enjoined (blocked) the implementation of OSHA’s rules.  As a result of the court’s decision, OSHA has paused its own enforcement of the rules—a fact noted on their website.

At present, OSHA’s pause is temporary because OSHA expects the federal court’s “permanent” injunction to be eventually overturned, as do several other legal observers.  In fact, related litigation is pending before a different court of appeal—and these cases may eventually make it up to the U.S. Supreme Court. So, this may not be the end of the federal OSHA rules.

California Employers: Review Your Wage and Hour Policies for State Compliance

With the new year around the corner, we will continue to ensure that you are up to date on California employment laws that become effective in 2022. This update will focus on California wage and hour law, where non-compliance can result in criminal charges and potential imprisonment. While well-meaning employers are likely not the target of this revision, it serves as an important reminder for employers to check their wage and hour compliance.