This week, government agencies at both the federal and state level are preparing for the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS).

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Employer Anticipation Builds for OSHA ETS

All eyes are on DC as the wait continues for OSHA's COVID-19 Vaccination and Testing ETS, for employers with 100 or more employees. Last week, the Office of Information and Regulatory Affairs (OIRA) held more than 100 meetings with stakeholders to aid in its review of OSHA’s proposed ETS. OIRA completed its review on Monday, and the ETS is expected to be released imminently.

OSHA Cracks Down on States

OSHA has sent warning letters to Arizona, Utah, and South Carolina regarding the agency’s COVID-19 health care ETS, released in June of this year. These three states operate their own OSHA state plans but have yet to adopt a health care ETS that is at least as protective as the agency’s. Some see OSHA’s warning as a sign of increased enforcement with the coming vaccine ETS.

EEOC Updates Guidance for Religious Accommodations 

Last week, the Equal Employment Opportunity Commission (EEOC) added a section to its COVID-19 guidance focused on religious exemptions for mandatory vaccine policies. Read more about the updated guidance.

Other Highlights

COVID-19 WORKFORCE (re)sources
Click here to see what state and local governments have done to address the COVID-19 pandemic this week.

New York DOL Issues FAQs on Recreational Cannabis – Guidance for Employers
Workforce Bulletin
Steven Swirsky; Nathaniel Glasser; Eric Emanuelson, Jr.; Jenna Russell; Kamil Gajda

Non-Compete Laws: Massachusetts – Q&A Guide for Employers 2021 Update
Thomson Reuters Practical Law
David Clark

Non-Compete Laws: Illinois – Q&A Guide for Employers 2021 Update
Thomson Reuters Practical Law
David Clark, Peter Steinmeyer

Time Is Money: A Quick Wage-Hour Tip on … New York’s New Rule on Contractors’ Liability for Subcontractor Employee Wages
Workforce Bulletin
Edward Yennock

About Employment Law This Week

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