Category Archives: Legal

Dirty Steel Toe Boots, Episode 6: Florida’s New Law Restricting Employer Vaccine Mandates



In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by Dee Anna Hays for a first look at the new Florida law that prohibits private employers from mandating COVID-19 vaccinations for employees unless they qualify for one of five exemptions (medical, religious, prior infection immunity, regular testing, and personal protective equipment (PPE) usage). The law is effective immediately and impacts private employers that mandate vaccinations for their employees. Phillip and Dee Anna also discuss possible conflicts with and preemption of the new state statute with federal vaccine mandates in Executive Order 14042 (which applies to federal contractor employees) and by the Centers for Medicare and Medicaid Services (CMS).


Dirty Steel Toe Boots, Episode 5: A First Look at OSHA’s new ETS with Phillip Russell and Eric Hobbs



In this episode of Dirty Steel Toe Boots, host Phillip Russell is joined by Eric Hobbs, the chair of Ogletree Deakins’ Workplace Safety and Health Practice Group for a first look at the emergency temporary standard (ETS) just released by the U.S. Occupational Safety and Health Administration (OSHA). The speakers discuss what an ETS is under the Occupational Safety and Health (OSH) Act, what it must contain, and legal arguments and procedures for how it may be challenged. Phillip and Eric also discuss various requirements for employers under the ETS including how it counts the 100+ employee minimum, how it excludes employees who work exclusively outside or remotely, and other key points.


In The Breakroom With Bill, Episode 4: OSHA’s New Emergency Temporary Standard



Welcome to In the Breakroom, a podcast series on hot topics related to employment law. On November 4, 2021, the U.S. Occupational Safety and Health Administration (OSHA) issued its new emergency temporary standard (ETS), which imposes vaccine and COVID-19 testing requirements on employers with 100 or more employees. In this episode, Bill Grob and Phillip Russell address the main challenges employers will face as they strive to comply with the new ETS.


Global Solutions Flash Briefing: Philippines FIRB Extends WFH Regime With An Important Change



In this episode of our Global Solutions podcast series, Ethan Isaac and Eric Lee discuss recent guidance from the Philippines’ Fiscal Incentives Review Board (FIRB) that requires employers in the “Special Economic Zones”  to have 10 percent of their employees working on-site in order to continue receiving corporate tax incentives. As the Delta variant causes COVID-19 cases to increase again and employees continue to work from home, the Phillipine Economic Zone Authority has appealed to the FIRB to maintain the previous status quo.  Since the recording of this podcast the FIRB denied the appeal.


Global Solutions, Episode 27: Remote Work Rules in the Americas



In this episode of our Global Solutions series, Pietro Straulino-Rodríguez, Carlos Colόn-Machargo, and Shir Fulga address laws regarding remote work in Canada, Mexico, and Latin American countries. The speakers discuss several topics associated with remote work, including workplace safety, employee privacy, the provision of equipment, and expense reimbursement for utilities (e.g., internet service). In addition, the speakers cover the various wage and hour issues involved in tracking employees’ hours, paying overtime compensation, and engaging employees only when they are scheduled to work.  (Note: In the time between the recording of the podcast and its airing, the Ontario government introduced a new bill entitled Bill 27, Working for Workers Act, 2021, which, if passed, would mandate the implementation of “right to disconnect” provisions under the Employment Standards Act, 2000.)


Oregon Employment Law, Episode 2: Managing Medical and Religious Accommodation Requests Related to COVID-19 Vaccine Mandates



In this episode of our Oregon Employment Law podcast series, Paul Cirner and Florence Mao discuss the requirements of federal and state statutes regarding religious and medical accommodations—including the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and Oregon’s disability and antidiscrimination laws—and their relevance to COVID-19 vaccine mandates. The speakers also provide key considerations for employers responding to medical accommodation requests.


Oregon Employment Law, Episode 1: COVID-19 Vaccine Mandates—What Oregon Employers Need to Know



In the first episode of our new Oregon Employment Law podcast series, Paul Cirner and Florence Mao discuss recent changes to the Oregon Health Authority’s temporary rule mandating COVID-19 vaccinations for employees in healthcare settings. The rule now includes an updated effective date and documentation requirements for medical or religious exceptions. The speakers also address the interplay between the pending emergency temporary standard from the federal Occupational Safety and Health Administration and the Oregon Occupational Safety and Health Division.


Dirty Steel-Toe Boots, Episode 4: Corporate Safety Culture



In this episode of Dirty Steel-Toe Boots, a podcast for employers about OSHA enforcement, Mark Ligon, vice president of safety and risk management for the Vecellio Group, joins Phillip Russell to discuss how businesses can create and maintain cultures of corporate safety, as well as leverage employee and management engagement to achieve success.


New York’s COVID-19 Vaccination Law: the Latest on the ‘Key to NYC’



On September 13, 2021, New York City began enforcing Executive Order No. 225 (“Key to NYC”), which requires individuals show proof of COVID-19 vaccination prior to entering certain indoor establishments. In this podcast, Kelly Cardin and Jessica Schild discuss the key requirements of the executive order, including exemptions and penalties. The speakers also address significant compliance considerations implicated by the New York City Human Rights Law.


In The Breakroom With Bill, Episode 3: What to Expect From OSHA’s Emergency Temporary Standard on Mandatory Vaccinations



In this episode of In the Breakroom, a podcast series on hot topics related to employment law, Bill Grob and Phillip Russell discuss President Joe Biden’s September 9, 2021, announcement of a strategy for combating the COVID-19 pandemic that calls on the Occupational Safety and Health Administration (OSHA) to develop and implement a new emergency temporary standard (ETS). The speakers discuss the features that employers might expect from the anticipated ETS, including a requirement that employers with 100 or more employees mandate full vaccination or weekly COVID-19 testing of their employees, as well as who will pay for weekly testing. The speakers also address the “grave danger” standard required for OSHA to issue an ETS.